2006 New York Code - Disclosure Requirements.



 
    §  16-321  Disclosure requirements. a. Whenever a person, other than a
  public servant, appointed to any advisory board created pursuant to this
  subchapter, engages in any business dealings  with  the  department,  or
  engages  in  business  dealings  with  any  other agency which relate to
  processing or disposal of solid waste or of waste described in paragraph
  three of  subdivision  m  of  section  16-303  of  this  chapter  or  to
  recycling,  or  has  an  interest  in  a  firm  which is engaged in such
  business dealings with the department or with such  other  agency,  such
  person shall, prior to appointment, disclose the nature of such business
  dealings  to the commissioner and to the body or officer appointing such
  person, and, after appointment, disclose the  nature  of  such  business
  dealings  to  the  commissioner  and to all other members of such board;
  provided that such person need not disclose the amount of such  business
  dealings.
    b. When used in this section:
    1.  "Advisory  committee" means a committee, council, board or similar
  entity that is constituted to provide advice or recommendations  to  the
  city  and which has no authority to take a final action on behalf of the
  city, to take any action that would have  the  effect  of  conditioning,
  limiting  or  requiring any final action by any other agency, or to take
  any action that is authorized by law.
    2. "Agency" means a city, county, borough or other  office,  position,
  administration,   department,   division,   bureau,  board,  commission,
  authority,  corporation,  advisory  committee   or   other   agency   of
  government,  the expenses of which are paid in whole or in part from the
  city treasury, and shall include but not be limited to, the council, the
  offices of each elected official,  the  board  of  education,  community
  school boards, community boards, the financial services corporation, the
  health and hospitals corporation, the public development corporation and
  the  New York city housing authority, but shall not include any court or
  any  corporation  or  institution  maintaining  or  operating  a  public
  library,  museum,  botanical garden, arboretum, tomb, memorial building,
  aquarium, zoological garden or similar facility.
    3. "Blind trust" means a trust in which a candidate for  any  advisory
  board  created pursuant to this subchapter or a member of such board, or
  the spouse or unemancipated child of such candidate  or  member,  has  a
  beneficial  interest,  the  holdings and sources of income of which such
  candidate or member and such spouse  and  unemancipated  child  have  no
  knowledge, and the trustee of which shall have independent authority and
  discretion.
    4.  "Business  dealings"  means  any  transaction  involving the sale,
  purchase, rental, disposition or exchange  of  any  goods,  services  or
  property,  and  any  performance of or litigation with respect to any of
  the foregoing, but shall  not  include  any  transaction  involving  the
  residence  of  any  candidate for any advisory board created pursuant to
  this subchapter or of any member  of  such  board,  or  any  ministerial
  matter.
    5.  "City"  means  the  city of New York and includes an agency of the
  city.
    6.  "Elected  official"  means  a  person  holding  office  as  mayor,
  comptroller,  public  advocate,  borough  president  or  member  of  the
  council.
    7. "Firm" means a sole  proprietorship,  joint  venture,  partnership,
  corporation  or  any  other  form of enterprise, but shall not include a
  public benefit corporation or local development corporation.
    8. "Interest" means an ownership interest in a firm or a position with
  a firm.

9. "Ministerial matter" means an administrative act that is carried out in a prescribed manner and which does not involve substantial personal discretion. (10) "Ownership interest" means an interest in a firm that is held by a candidate for any advisory board created pursuant to this subchapter, or by a member of such board, or by the spouse, domestic partner, or unemancipated child of such candidate or member, which exceeds five percent of the firm or an investment of twenty-five thousand dollars in cash or other form of commitment, whichever is less, or five percent or twenty-five thousand dollars of the firm's indebtedness, whichever is less, and any lesser interest in a firm when such candidate or member, or such spouse, domestic partner, or unemancipated child, exercises managerial control or responsibility regarding any such firm, but shall not include interests held in any pension plan, deferred compensation plan or mutual fund, the investments of which are not controlled by such candidate or member, or by such spouse, domestic partner, or unemancipated child, or in any blind trust that holds or acquires an ownership interest. 11. "Position" means a position in a firm, such as an officer, director, trustee, employee or any management position, or as an attorney, agent, broker or consultant to the firm, which does not constitute an ownership interest in the firm. 12. "Public servant" means all officials, officers and employees of the city, including members of community boards and members of advisory committees, except unpaid members of advisory committees shall not be public servants. 13. "Spouse" means a husband or wife of a candidate for any advisory board created pursuant to this subchapter or of a member of such board who is not legally separated from such candidate or member. 14. "Unemancipated child" means any son, daughter, step-son or step-daughter who is under the age of eighteen, unmarried and living in the household of a candidate for any advisory board created pursuant to this subchapter or of the member of such board.

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