NY State Senate Bill 2023-S4067

Senate Bill S4067

2023-2024 Legislative Session

Relates to training requirements for members of the board of ethics of a political subdivision or municipality

download bill text pdf

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local government
Feb 02, 2023	referred to local government

2023-S4067 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §808, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S7550

2023-S4067 (ACTIVE) - Summary

Provides that each member of the board of ethics of a political subdivision or municipality shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties; makes related provisions.

2023-S4067 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4067

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to training
requirements for members of the board of ethics of a political subdivi-
sion or municipality

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require mandatory training for each
member of the board of ethics of a political subdivision or munici-
pality.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend section 808 of the General Municipal
Law by adding a new subdivision six to require each member of a board of
ethics of a political subdivision or municipality outside of New York
City to complete a minimum of four hours of training annually. Addi-
tionally, members who fail to complete their annual training would be

ineligible for reappointment until such time that their training was
completed. Furthermore, this section would also carve out an exception
to the training requirement by allowing the governing body to adopt a
resolution waiving or modifying the training.

Section 2 of this bill provides that the effective date shall take
effect on the ninetieth day after it shall have become a law.

 
JUSTIFICATION:

Article 18 of New York State General Municipal Law (GML) establishes
standards of conduct for officers and employees of municipalities
outside of New York City. GML Section 808 allows for the adoption of
local codes of ethics by political subdivisions and municipalities.
Local boards of ethics are empowered to render advisory opinions to
municipal staff and officers with respect to ethical conduct prescribed
by Article 18. However, nothing in statute requires that the ethics
board members have any experience, training or background related to
GML.

This amendment would ensure that board members are trained annually so
that they may carry out their important oversight duties more efficient-
ly and effectively. Further, annual training will help the public and
the employees receiving decisions to have more confidence in the deter-
minations that local ethics boards are issuing. State law already
requires annual training for local Zoning Board of Appeals and Planning
Boards pursuant to Town Law.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.7550 (Gaughran) - Advanced to Third Reading.

 
FISCAL IMPLICATIONS:

No fiscal impact to the State and minimal impact to local governments as
this training can be provided in-house and in any format.

 
EFFECTIVE DATE:
This  act  shall  take  effect  on the ninetieth day after it shall have
become a law.

2023-S4067 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4067
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general  municipal  law,  in  relation  to  training
   requirements  for members of the board of ethics of a political subdi-
   vision or municipality

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  808  of  the general municipal law is amended by
 adding a new subdivision 6 to read as follows:
   6. (A) EACH MEMBER OF THE BOARD OF ETHICS OF A  POLITICAL  SUBDIVISION
 OR  MUNICIPALITY  SHALL  COMPLETE,  AT A MINIMUM, FOUR HOURS OF TRAINING
 EACH YEAR DESIGNED TO ENABLE SUCH MEMBERS TO MORE EFFECTIVELY CARRY  OUT
 THEIR  DUTIES.  TRAINING RECEIVED BY A MEMBER IN EXCESS OF FOUR HOURS IN
 ANY ONE YEAR MAY BE CARRIED OVER BY THE MEMBER INTO SUCCEEDING YEARS  IN
 ORDER  TO MEET THE REQUIREMENTS OF THIS SUBDIVISION. SUCH TRAINING SHALL
 BE APPROVED BY THE GOVERNING BODY AND MAY INCLUDE, BUT  NOT  BE  LIMITED
 TO, TRAINING PROVIDED BY A MUNICIPALITY, COUNTY, STATE AGENCY, STATEWIDE
 MUNICIPAL  ASSOCIATION, COLLEGE OR OTHER SIMILAR ENTITY. TRAINING MAY BE
 PROVIDED IN A VARIETY OF FORMATS, INCLUDING BUT NOT  LIMITED  TO,  ELEC-
 TRONIC  MEDIA, VIDEO, DISTANCE LEARNING AND TRADITIONAL CLASSROOM TRAIN-
 ING.
   (B) TO BE ELIGIBLE FOR REAPPOINTMENT TO SUCH BOARD, SUCH MEMBER  SHALL
 HAVE  COMPLETED THE TRAINING PROMOTED BY THE RESPECTIVE POLITICAL SUBDI-
 VISION OR MUNICIPALITY PURSUANT TO THIS SUBDIVISION.
   (C) THE TRAINING REQUIRED BY THIS SUBDIVISION MAY BE WAIVED  OR  MODI-
 FIED  BY  RESOLUTION  OF THE GOVERNING BODY WHEN, IN THE JUDGMENT OF THE
 GOVERNING BODY, IT IS IN THE BEST INTEREST OF THE  RESPECTIVE  POLITICAL
 SUBDIVISION OR MUNICIPALITY TO DO SO.
   (D)  NO  DECISION  OF  A  BOARD  OF ETHICS SHALL BE VOIDED OR DECLARED
 INVALID BECAUSE OF A FAILURE TO COMPLY WITH THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06344-01-3
 S. 4067                             2

 
   (E) NOTWITHSTANDING ANY INCONSISTENT PROVISION, THIS SUBDIVISION SHALL
 HAVE NO APPLICATION TO A CITY HAVING A POPULATION OF ONE MILLION OR MORE
 OR TO A COUNTY, SCHOOL DISTRICT, OR  OTHER  PUBLIC  AGENCY  OR  FACILITY
 THEREIN.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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