Legislation
SECTION 812
Financial disclosure for local elected officials and certain officers and employees of counties, cities, towns and villages
General Municipal (GMU) CHAPTER 24, ARTICLE 18
§ 812. Financial disclosure for local elected officials and certain
officers and employees of counties, cities, towns and villages.
1. (a) Any political subdivision or other county, city, town or
village to which all of the provisions of this section are made
applicable, whether as the result of the provisions contained in
subdivision two of section eight hundred eleven of this article or as a
result of an election to be subject to the provisions of this section as
permitted by subdivision two of this section, shall require (i) each of
its local elected officials and local officers and employees, (ii) each
local political party official and (iii) each candidate for local
elected official with respect to such political subdivision, to file an
annual statement of financial disclosure containing the information and
in the form set forth in subdivision five of this section except that
disclosure requirements for assessors who are not covered by this
article shall be governed by the requirements of section three hundred
thirty-six of the real property tax law. Such statement shall be filed
on or before the fifteenth day of May with respect to the preceding
calendar year, except that:
(i) a person who is subject to the reporting requirements of this
subdivision and who timely filed with the internal revenue service an
application for automatic extension of time in which to file his or her
individual income tax return for the immediately preceding calendar or
fiscal year shall be required to file such financial disclosure
statement on or before May fifteenth but may, without being subjected to
any civil penalty on account of a deficient statement, indicate with
respect to any item of the disclosure statement that information with
respect thereto is lacking but will be supplied in a supplementary
statement of financial disclosure, which shall be filed on or before the
seventh day after the expiration of the period of such automatic
extension of time within which to file such individual income tax
return, provided that failure to file or to timely file such
supplementary statement of financial disclosure or the filing of an
incomplete or deficient supplementary statement of financial disclosure
shall be subject to the notice and penalty provisions of this section
respecting annual statements of financial disclosure as if such
supplementary statement were an annual statement;
(ii) candidates for local elected official who file designating
petitions for nomination at a primary election shall file such statement
within seven days after the last day allowed by law for the filing of
designating petitions naming them as candidates for the next succeeding
primary election;
(iii) candidates for independent nomination for local elected official
who have not been designated by a party to receive a nomination shall
file such statement within seven days after the last day allowed by law
for the filing of independent nominating petitions naming them as
candidates for local elected official in the next succeeding general or
special or village election; and
(iv) candidates for local elected official who receive the nomination
of a party for a special election or who receive the nomination of a
party other than at a primary election (whether or not for an
uncontested office) shall file such statement within seven days after
the date of the meeting of the party committee at which they are
nominated.
(b) As used in this subdivision, the terms "party", "committee" (when
used in conjuction with the term "party"), "designation", "primary",
"primary election", "nomination", "independent nomination", "ballot" and
"uncontested office" shall have the same meanings as those contained in
section 1-104 of the election law.
(c) Such statement shall be filed with the appropriate body, as
defined in section eight hundred ten of this article.
(d) The appropriate body, as defined in section eight hundred ten of
this article, shall obtain from the "board of elections", as such term
is defined in section 1-104 of the election law, lists of all candidates
for local elected official, and from such lists, shall determine and
publish lists of those candidates who have not, within ten days after
the required date for filing such statement, filed the statement
required by this subdivision.
(e) Local political party officials and any person required to file
such statement who commences employment after May fifteenth of any year
shall file such statement within thirty days after commencing employment
or of taking the position of local political party official, as the case
may be.
(f) A person who is subject to the filing requirements of both
subdivision two of section seventy-three-a of the public officers law
and of this subdivision may satisfy the requirements of this subdivision
by filing a copy of the statement filed pursuant to section
seventy-three-a of the public officers law with the appropriate body, as
defined in section eight hundred ten of this article, on or before the
filing deadline provided in such section seventy-three-a,
notwithstanding the filing deadline otherwise imposed by this
subdivision.
(g) A person who is subject to the filing requirements of this
subdivision from more than one political subdivision within the same
county may satisfy the requirements of this subdivision by filing only
one annual statement of financial disclosure with the appropriate body
(as is required in that county) for the county in which such political
subdivisions are located or if such political subdivisions cross one or
more county boundary lines, then such single filing may be made for any
of the counties in which one of such political subdivisions is located
provided, however, that the appropriate bodies (as required by such
other counties) are notified of the name of the county of such
compliance by the person who is subjected to the filing requirements of
this subdivision, within the time limit for filing specified in this
subdivision.
(h) A local elected official who is simultaneously a candidate for
local elected official shall satisfy the filing deadline requirements of
this subdivision by complying only with the deadline applicable to one
who holds such local elected office.
(i) A candidate whose name will appear on both a party designating
petition and on an independent nominating petition for the same office
or who will be listed on the election ballot for the same office more
than once shall satisfy the filing deadline requirements of this
subdivision by complying with the earliest applicable deadline only.
2. The governing body of a county, city, town or village having a
population of less than fifty thousand may by local law or ordinance
elect to be subject to the provisions of this section. In such event,
any such city, county, town or village shall be deemed to be a political
subdivision under this section.
3. Any political subdivision or other county, city, town or village to
which all of the provisions of this section are made applicable, whether
as a result of the provisions contained in subdivision two of section
eight hundred eleven of this article or as a result of an election to be
subject to the provisions of this section as permitted by subdivision
two of this section, may elect to remove itself from the ambit of all
(but not some) provisions of this section (other than this subdivision)
by adopting a local law, ordinance or resolution specifically referring
to the authority conferred by this subdivision. Provided, however, that
the terms of such local law, ordinance or resolution shall be subject to
the following conditions and limitations:
(a) Such local law, ordinance or resolution must provide for the
promulgation of a form of an annual statement of financial disclosure
described in subdivision one of section eight hundred eleven of this
article for use with respect to information the governing body requires
to be reported for the calendar year next succeeding the year in which
such local law, ordinance or resolution is adopted and for use with
respect to information required to be reported for subsequent calendar
years; and shall provide for the filing of completed statements with the
board of ethics of the political subdivision or other municipality.
(b) Such removal shall not be effective with respect to the annual
financial disclosure statement for the calendar year in which the local
law, ordinance or resolution is adopted (the filing of which statement
is due on May fifteenth of the next succeeding year with certain
exceptions), nor shall such removal be effective with respect to any
required annual financial disclosure statement for the immediately
preceding calendar year (the filing of which statement is due on May
fifteenth (with certain exceptions) of the calendar year in which such
local law, ordinance or resolution is adopted), nor shall such removal
be effective with respect to any other preceding year but such removal
shall apply first to the statement which would have been due on May
fifteenth (with certain exceptions) of the second year next succeeding
the year in which such local law, ordinance or resolution is adopted,
and such removal shall apply thereafter to subsequent statements
otherwise due pursuant to this section.
(c) Such removal shall not affect the power to impose, or the
imposition of, a penalty for failure to file, or for false filing, of
any required annual financial disclosure statement.
(d) The local law, ordinance or resolution referred to in paragraph
(a) of this subdivision or any other such local law, ordinance or
resolution so adopted may make provision for any other right, power or
privilege granted by subdivision one of such section eight hundred
eleven.
4. Nothing contained in this section shall be construed as precluding
the governing body of a political subdivision from requiring additional
and/or more detailed items of financial disclosure than are set forth in
subdivision five hereinbelow.
5. The annual statement of financial disclosure shall contain the
information and shall be in the form set forth hereinbelow:
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FOR
(Insert Name of Political Subdivision) - (For calendar year ________)
1. Name ________________________________________________________________
2. (a) Title of Position _______________________________________________
(b) Department, Agency or other Governmental Entity _________________
(c) Address of Present Office _______________________________________
(d) Office Telephone Number _________________________________________
3. (a) Marital Status ______________. If married, please give spouse's
full name including maiden name where applicable.
________________________________________ .
(b) List the names of all unemancipated children.
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Answer each of the following questions completely, with respect to
calendar year _________, unless another period or date is otherwise
specified. If additional space is needed, attach additional pages.
Whenever a "value" or "amount" is required to be reported herein,
such value or amount shall be reported as being within one of the
following Categories: Category A - under $5,000; Category B - $5,000
to under $20,000; Category C - $20,000 to under $60,000; Category D -
$60,000 to under $100,000; Category E - $100,000 to under $250,000;
and Category F - $250,000 or over. A reporting individual shall
indicate the Category by letter only.
For the purposes of this statement, anywhere the term "local
agency" shall appear such term shall mean a local agency, as defined
in section eight hundred ten of the general municipal law, of the
political subdivision for which this financial disclosure statement
has been filed.
4. (a) List any office, trusteeship, directorship, partnership, or
position of any nature including honorary positions, if known, and
excluding membership positions, whether compensated or not, held by
the reporting individual with any firm, corporation, association,
partnership, or other organization other than the State of New York
or (insert name of political subdivision). If said entity was
licensed by any state or local agency, was regulated by any state
regulatory agency or local agency, or, as a regular and significant
part of the business or activity of said entity, did business with,
or had matters other than ministerial matters before, any state or
local agency, list the name of any such agency.
State or
Position Organization Local Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) List any office, trusteeship, directorship, partnership, or
position of any nature including honorary positions, if known, and
excluding membership positions, whether compensated or not, held by
the spouse or unemancipated child of the reporting individual, with
any firm, corporation, association, partnership, or other
organization other than the State of New York. If said entity was
licensed by any state or local agency, was regulated by any state
regulatory agency or local agency, or, as a regular and significant
part of the business or activity of said entity, did business with,
or had matters other than ministerial matters before, any state or
local agency, list the name of any such agency.
State or
Position Organization Local Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
5. (a) List the name, address and description of any occupation,
employment, trade, business or profession engaged in by the reporting
individual. If such activity was licensed by any state or local
agency, was regulated by any state regulatory agency or local agency,
or, as a regular and significant part of the business or activity of
said entity, did business with, or had matters other than ministerial
matters before, any state or local agency, list the name of any such
agency.
State or
Name & Address Local
Position of Organization Description Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) If the spouse or unemancipated child of the reporting individual
was engaged in any occupation, employment, trade, business or
profession which activity was licensed by any state or local agency,
was regulated by any state regulatory agency or local agency, or, as
a regular and significant part of the business or activity of said
entity, did business with, or had matters other than ministerial
matters before, any state or local agency, list the name, address and
description of such occupation, employment, trade, business or
profession and the name of any such agency.
State or
Name & Address Local
Position of Organization Description Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
6. List any interest, in excess of $1,000, excluding bonds and notes,
held by the reporting individual, such individual's spouse or
unemancipated child, or partnership of which any such person is a
member, or corporation, ten per centum or more of the stock of which
is owned or controlled by any such person, whether vested or
contingent, in any contract made or executed by a state or local
agency and include the name of the entity which holds such interest
and the relationship of the reporting individual or such individual's
spouse or such child to such entity and the interest in such
contract. Do not list any interest in any such contract on which
final payment has been made and all obligations under the contract
except from guarantees and warranties have been performed, provided,
however, that such an interest must be listed if there has been an
ongoing dispute during the calendar year for which this statement is
filed with respect to any such guarantees or warranties. Do not list
any interest in a contract made or executed by a state agency after
public notice and pursuant to a process for competitive bidding or a
process for competitive requests for proposals.
Entity Relationship Contracting Category
Self, Which Held to Entity State or of
Spouse or Interest in and Interest Local Value of
Child Contract in Contract Agency Contract
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
7. List any position the reporting individual held as an officer of any
political party or political organization, as a member of any
political party committee, or as a political party district leader.
The term "party" shall have the same meaning as "party" in the
election law. The term "political organization" means any party or
independent body as defined in the election law or any organization
that is affiliated with or a subsidiary of a party or independent
body.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
8. (a) If the reporting individual practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the department of education, give a general
description of the principal subject areas of matters undertaken by
such individual. Additionally, if such an individual practices with
a firm or corporation and is a partner or shareholder of the firm or
corporation, give a general description of principal subject areas of
matters undertaken by such firm or corporation. Do not list the name
of the individual clients, customers or patients.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) List the name, principal address and general description or the
nature of the business activity of any entity in which the reporting
individual or such individual's spouse had an investment in excess of
$1,000 excluding investments in securities and interests in real
property.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
9. List each source of gifts, excluding campaign contributions, in
excess of $1,000, received during the reporting period for which this
statement is filed by the reporting individual or such individual's
spouse or unemancipated child from the same donor, excluding gifts
from a relative. Include the name and address of the donor. The term
"gifts" does not include reimbursements, which term is defined in
item 10. Indicate the value and nature of each such gift.
Category
Self, of
Spouse or Name of Nature Value of
Child Donor Address of Gift Gift
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
10. Identify and briefly describe the source of any reimbursements for
expenditures, excluding campaign expenditures and expenditures in
connection with official duties reimbursed by the political
subdivision for which this statement has been filed, in excess of
$1,000 from each such source. For purposes of this item, the term
"reimbursements" shall mean any travel-related expenses provided by
nongovernmental sources and for activities related to the reporting
individual's official duties such as, speaking engagements,
conferences, or factfinding events. The term "reimbursements" does
not include gifts reported under item 9.
Source Description
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
11. List the identity and value, if reasonably ascertainable, of each
interest in a trust, estate or other beneficial interest, including
retirement plans other than retirement plans of the state of New
York or the city of New York, and deferred compensation plans
established in accordance with the internal revenue code, in which
the reporting individual held a beneficial interest in excess of
$1,000 at any time during the preceding year. Do not report
interests in a trust, estate or other beneficial interest
established by or for, or the estate of, a relative.
Category
of
Identity Value*
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_______________
* The value of such interest shall be reported only if reasonably
ascertainable.
12. (a) Describe the terms of, and the parties to, any contract,
promise, or other agreement between the reporting individual and any
person, firm, or corporation with respect to the employment of such
individual after leaving office or position (other than a leave of
absence).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) Describe the parties to and the terms of any agreement
providing for continuation of payments or benefits to the reporting
individual in excess of $1,000 from a prior employer other than the
political subdivision for which this statement is filed. (This
includes interests in or contributions to a pension fund,
profit-sharing plan, or life or health insurance; buy-out
agreements; severance payments; etc.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
13. List below the nature and amount of any income in excess of $1,000
from each source for the reporting individual and such individual's
spouse for the taxable year last occurring prior to the date of
filing. Nature of income includes, but is not limited to, salary
for government employment, income from other compensated employment
whether public or private, directorships and other fiduciary
positions, contractual arrangements, teaching income, partnerships,
honorariums, lecture fees, consultant fees, bank and bond interest,
dividends, income derived from a trust, real estate rents, and
recognized gains from the sale or exchange of real or other
property. Income from a business or profession and real estate rents
shall be reported with the source identified by the building address
in the case of real estate rents and otherwise by the name of the
entity and not by the name of the individual customers, clients or
tenants, with the aggregate net income before taxes for each
building address or entity. The receipt of maintenance received in
connection with a matrimonial action, alimony and child support
payments shall not be listed.
Category
Self/ of
Spouse Source Nature Amount
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
14. List the sources of any deferred income in excess of $1,000 from
each source to be paid to the reporting individual following the
close of the calendar year for which this disclosure statement is
filed, other than deferred compensation reported in item 11
hereinabove. Deferred income derived from the practice of a
profession shall be listed in the aggregate and shall identify as
the source, the name of the firm, corporation, partnership or
association through which the income was derived, but shall not
identify individual clients.
Category
of
Source Amount
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
15. List each assignment of income in excess of $1000, and each transfer
other than to a relative during the reporting period for which this
statement is filed for less than fair consideration of an interest
in a trust, estate or other beneficial interest, securities or real
property, by the reporting individual, in excess of $1000, which
would otherwise be required to be reported herein and is not or has
not been so reported.
Category
Item Assigned Assigned or of
or Transferred Transferred to Value
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
16. List below the type and market value of securities held by the
reporting individual or such individual's spouse from each issuing
entity in excess of $1,000 at the close of the taxable year last
occurring prior to the date of filing, including the name of the
issuing entity exclusive of securities held by the reporting
individual issued by a professional corporation. Whenever an
interest in securities exists through a beneficial interest in a
trust, the securities held in such trust shall be listed only if the
reporting individual has knowledge thereof except where the
reporting individual or the reporting individual's spouse has
transferred assets to such trust for his or her benefit in which
event such securities shall be listed unless they are not
ascertainable by the reporting individual because the trustee is
under an obligation or has been instructed in writing not to
disclose the contents of the trust to the reporting individual.
Securities of which the reporting individual or the reporting
individual's spouse is the owner of record but in which such
individual or the reporting individual's spouse has no beneficial
interest shall not be listed. Indicate percentage of ownership if
the reporting person or the reporting person's spouse holds more
than five percent of the stock of a corporation in which the stock
is publicly traded or more than ten percent of the stock of a
corporation in which the stock is not publicly traded. Also list
securities owned for investment purposes by a corporation more than
fifty percent of the stock of which is owned or controlled by the
reporting individual or such individual's spouse. For the purpose of
this item the term "securities" shall mean bonds, mortgages, notes,
obligations, warrants and stocks of any class, investment interests
in limited or general partnerships and certificates of deposits and
such other evidences of indebtedness and certificates of interest as
are usually referred to as securities. The market value for such
securities shall be reported only if reasonably ascertainable and
shall not be reported if the security is an interest in a general
partnership that was listed in item 8 (a) or if the security is
corporate stock, not publicly traded, in a trade or business of a
reporting individual or a reporting individual's spouse.
Category of
Market Value as
of the close of
the taxable year
last occurring Percentage
prior to the of corporate
Self/ Issuing Type of filing of this stock owned or
Spouse Entity Security statement controlled
__________ _________ __________ ______________ ______________
__________ _________ __________ ______________ ______________
__________ _________ __________ ______________ ______________
__________ _________ __________ ______________ ______________
__________ _________ __________ ______________ ______________
17. List below the location, size, general nature, acquisition date,
market value and percentage of ownership of any real property in
which any vested or contingent interest in excess of $1,000 is held
by the reporting individual or the reporting individual's spouse.
Also list real property owned for investment purposes by a
corporation more than fifty percent of the stock of which is owned
or controlled by the reporting individual or such individual's
spouse. Do not list any real property which is the primary or
secondary personal residence of the reporting individual or the
reporting individual's spouse, except where there is a co-owner who
is other than a relative.
Self/ Category
Spouse/ of Percentage
Other General Acquisition Market of
Party Location Size Nature Date Value Ownership
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
18. List below all notes and accounts receivable, other than from goods
or services sold, held by the reporting individual at the close of
the taxable year last occurring prior to the date of filing and
other debts owed to such individual at the close of the taxable year
last occurring prior to the date of filing, in excess of $1,000,
including the name of the debtor, type of obligation, date due and
the nature of the collateral securing payment of each, if any,
excluding securities reported in item 16 hereinabove. Debts, notes
and accounts receivable owed to the individual by a relative shall
not be reported.
Type of Obligation, Category
Date Due, and Nature of
Name of Debtor of Collateral, if any Amount
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
19. List below all liabilities of the reporting individual and such
individual's spouse, in excess of $5,000 as of the date of filing of
this statement, other than liabilities to a relative. Do not list
liabilities incurred by, or guarantees made by, the reporting
individual or such individual's spouse or by any proprietorship,
partnership or corporation in which the reporting individual or such
individual's spouse has an interest, when incurred or made in the
ordinary course of the trade, business or professional practice of
the reporting individual or such individual's spouse. Include the
name of the creditor and any collateral pledged by such individual
to secure payment of any such liability. A reporting individual
shall not list any obligation to pay maintenance in connection with
a matrimonial action, alimony or child support payments. Revolving
charge account information shall only be set forth if liability
thereon is in excess of $5,000 at the time of filing. Any loan
issued in the ordinary course of business by a financial institution
to finance educational costs, the cost of home purchase or
improvements for a primary or secondary residence, or purchase of a
personally owned motor vehicle, household furniture or appliances
shall be excluded. If any such reportable liability has been
guaranteed by any third person, list the liability and name the
guarantor.
Category
Name of Creditor Type of Liability of
or Guarantor and Collateral, if any Amount
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
The requirements of law relating to the reporting of financial
interests are in the public interest and no adverse inference of
unethical or illegal conduct or behavior will be drawn merely from
compliance with these requirements.
_____________________________________ _____________________
(Signature of Reporting Individual) Date (month/day/year)
6. A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly and wilfully
with intent to deceive makes a false statement or gives information
which such individual knows to be false on such statement of financial
disclosure filed pursuant to this section shall be assessed a civil
penalty in an amount not to exceed ten thousand dollars. Assessment of a
civil penalty hereunder shall be made by the appropriate body, as such
term is defined in section eight hundred ten of this article. For a
violation of this subdivision, other than for conduct which constitutes
a violation of subdivision twelve of section seventy-three of the public
officers law, the board of ethics of the political subdivision or other
municipality may, in lieu of a civil penalty, refer a violation to the
appropriate prosecutor and upon such conviction, but only after such
referral, such violation shall be punishable as a class A misdemeanor. A
civil penalty for false filing may not be imposed hereunder in the event
a category of "value" or "amount" reported hereunder is incorrect unless
such reported information is falsely understated. Notwithstanding any
other provision of law to the contrary, no other penalty, civil or
criminal may be imposed for a failure to file, or for a false filing, of
such statement, except that the appointing authority may impose
disciplinary action as otherwise provided by law. Each appropriate body,
as such term is defined in section eight hundred ten of this article,
shall adopt rules governing the conduct of adjudicatory proceedings and
appeals relating to the assessment of the civil penalties herein
authorized. Such rules shall provide for due process procedural
mechanisms substantially similar to those set forth in article three of
the state administrative procedure act but such mechanisms need not be
identical in terms or scope. Assessment of a civil penalty shall be
final unless modified, suspended or vacated within thirty days of
imposition and upon becoming final shall be subject to review at the
instance of the affected reporting individual in a proceeding commenced
against the appropriate body, pursuant to article seventy-eight of the
civil practice law and rules.
officers and employees of counties, cities, towns and villages.
1. (a) Any political subdivision or other county, city, town or
village to which all of the provisions of this section are made
applicable, whether as the result of the provisions contained in
subdivision two of section eight hundred eleven of this article or as a
result of an election to be subject to the provisions of this section as
permitted by subdivision two of this section, shall require (i) each of
its local elected officials and local officers and employees, (ii) each
local political party official and (iii) each candidate for local
elected official with respect to such political subdivision, to file an
annual statement of financial disclosure containing the information and
in the form set forth in subdivision five of this section except that
disclosure requirements for assessors who are not covered by this
article shall be governed by the requirements of section three hundred
thirty-six of the real property tax law. Such statement shall be filed
on or before the fifteenth day of May with respect to the preceding
calendar year, except that:
(i) a person who is subject to the reporting requirements of this
subdivision and who timely filed with the internal revenue service an
application for automatic extension of time in which to file his or her
individual income tax return for the immediately preceding calendar or
fiscal year shall be required to file such financial disclosure
statement on or before May fifteenth but may, without being subjected to
any civil penalty on account of a deficient statement, indicate with
respect to any item of the disclosure statement that information with
respect thereto is lacking but will be supplied in a supplementary
statement of financial disclosure, which shall be filed on or before the
seventh day after the expiration of the period of such automatic
extension of time within which to file such individual income tax
return, provided that failure to file or to timely file such
supplementary statement of financial disclosure or the filing of an
incomplete or deficient supplementary statement of financial disclosure
shall be subject to the notice and penalty provisions of this section
respecting annual statements of financial disclosure as if such
supplementary statement were an annual statement;
(ii) candidates for local elected official who file designating
petitions for nomination at a primary election shall file such statement
within seven days after the last day allowed by law for the filing of
designating petitions naming them as candidates for the next succeeding
primary election;
(iii) candidates for independent nomination for local elected official
who have not been designated by a party to receive a nomination shall
file such statement within seven days after the last day allowed by law
for the filing of independent nominating petitions naming them as
candidates for local elected official in the next succeeding general or
special or village election; and
(iv) candidates for local elected official who receive the nomination
of a party for a special election or who receive the nomination of a
party other than at a primary election (whether or not for an
uncontested office) shall file such statement within seven days after
the date of the meeting of the party committee at which they are
nominated.
(b) As used in this subdivision, the terms "party", "committee" (when
used in conjuction with the term "party"), "designation", "primary",
"primary election", "nomination", "independent nomination", "ballot" and
"uncontested office" shall have the same meanings as those contained in
section 1-104 of the election law.
(c) Such statement shall be filed with the appropriate body, as
defined in section eight hundred ten of this article.
(d) The appropriate body, as defined in section eight hundred ten of
this article, shall obtain from the "board of elections", as such term
is defined in section 1-104 of the election law, lists of all candidates
for local elected official, and from such lists, shall determine and
publish lists of those candidates who have not, within ten days after
the required date for filing such statement, filed the statement
required by this subdivision.
(e) Local political party officials and any person required to file
such statement who commences employment after May fifteenth of any year
shall file such statement within thirty days after commencing employment
or of taking the position of local political party official, as the case
may be.
(f) A person who is subject to the filing requirements of both
subdivision two of section seventy-three-a of the public officers law
and of this subdivision may satisfy the requirements of this subdivision
by filing a copy of the statement filed pursuant to section
seventy-three-a of the public officers law with the appropriate body, as
defined in section eight hundred ten of this article, on or before the
filing deadline provided in such section seventy-three-a,
notwithstanding the filing deadline otherwise imposed by this
subdivision.
(g) A person who is subject to the filing requirements of this
subdivision from more than one political subdivision within the same
county may satisfy the requirements of this subdivision by filing only
one annual statement of financial disclosure with the appropriate body
(as is required in that county) for the county in which such political
subdivisions are located or if such political subdivisions cross one or
more county boundary lines, then such single filing may be made for any
of the counties in which one of such political subdivisions is located
provided, however, that the appropriate bodies (as required by such
other counties) are notified of the name of the county of such
compliance by the person who is subjected to the filing requirements of
this subdivision, within the time limit for filing specified in this
subdivision.
(h) A local elected official who is simultaneously a candidate for
local elected official shall satisfy the filing deadline requirements of
this subdivision by complying only with the deadline applicable to one
who holds such local elected office.
(i) A candidate whose name will appear on both a party designating
petition and on an independent nominating petition for the same office
or who will be listed on the election ballot for the same office more
than once shall satisfy the filing deadline requirements of this
subdivision by complying with the earliest applicable deadline only.
2. The governing body of a county, city, town or village having a
population of less than fifty thousand may by local law or ordinance
elect to be subject to the provisions of this section. In such event,
any such city, county, town or village shall be deemed to be a political
subdivision under this section.
3. Any political subdivision or other county, city, town or village to
which all of the provisions of this section are made applicable, whether
as a result of the provisions contained in subdivision two of section
eight hundred eleven of this article or as a result of an election to be
subject to the provisions of this section as permitted by subdivision
two of this section, may elect to remove itself from the ambit of all
(but not some) provisions of this section (other than this subdivision)
by adopting a local law, ordinance or resolution specifically referring
to the authority conferred by this subdivision. Provided, however, that
the terms of such local law, ordinance or resolution shall be subject to
the following conditions and limitations:
(a) Such local law, ordinance or resolution must provide for the
promulgation of a form of an annual statement of financial disclosure
described in subdivision one of section eight hundred eleven of this
article for use with respect to information the governing body requires
to be reported for the calendar year next succeeding the year in which
such local law, ordinance or resolution is adopted and for use with
respect to information required to be reported for subsequent calendar
years; and shall provide for the filing of completed statements with the
board of ethics of the political subdivision or other municipality.
(b) Such removal shall not be effective with respect to the annual
financial disclosure statement for the calendar year in which the local
law, ordinance or resolution is adopted (the filing of which statement
is due on May fifteenth of the next succeeding year with certain
exceptions), nor shall such removal be effective with respect to any
required annual financial disclosure statement for the immediately
preceding calendar year (the filing of which statement is due on May
fifteenth (with certain exceptions) of the calendar year in which such
local law, ordinance or resolution is adopted), nor shall such removal
be effective with respect to any other preceding year but such removal
shall apply first to the statement which would have been due on May
fifteenth (with certain exceptions) of the second year next succeeding
the year in which such local law, ordinance or resolution is adopted,
and such removal shall apply thereafter to subsequent statements
otherwise due pursuant to this section.
(c) Such removal shall not affect the power to impose, or the
imposition of, a penalty for failure to file, or for false filing, of
any required annual financial disclosure statement.
(d) The local law, ordinance or resolution referred to in paragraph
(a) of this subdivision or any other such local law, ordinance or
resolution so adopted may make provision for any other right, power or
privilege granted by subdivision one of such section eight hundred
eleven.
4. Nothing contained in this section shall be construed as precluding
the governing body of a political subdivision from requiring additional
and/or more detailed items of financial disclosure than are set forth in
subdivision five hereinbelow.
5. The annual statement of financial disclosure shall contain the
information and shall be in the form set forth hereinbelow:
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FOR
(Insert Name of Political Subdivision) - (For calendar year ________)
1. Name ________________________________________________________________
2. (a) Title of Position _______________________________________________
(b) Department, Agency or other Governmental Entity _________________
(c) Address of Present Office _______________________________________
(d) Office Telephone Number _________________________________________
3. (a) Marital Status ______________. If married, please give spouse's
full name including maiden name where applicable.
________________________________________ .
(b) List the names of all unemancipated children.
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Answer each of the following questions completely, with respect to
calendar year _________, unless another period or date is otherwise
specified. If additional space is needed, attach additional pages.
Whenever a "value" or "amount" is required to be reported herein,
such value or amount shall be reported as being within one of the
following Categories: Category A - under $5,000; Category B - $5,000
to under $20,000; Category C - $20,000 to under $60,000; Category D -
$60,000 to under $100,000; Category E - $100,000 to under $250,000;
and Category F - $250,000 or over. A reporting individual shall
indicate the Category by letter only.
For the purposes of this statement, anywhere the term "local
agency" shall appear such term shall mean a local agency, as defined
in section eight hundred ten of the general municipal law, of the
political subdivision for which this financial disclosure statement
has been filed.
4. (a) List any office, trusteeship, directorship, partnership, or
position of any nature including honorary positions, if known, and
excluding membership positions, whether compensated or not, held by
the reporting individual with any firm, corporation, association,
partnership, or other organization other than the State of New York
or (insert name of political subdivision). If said entity was
licensed by any state or local agency, was regulated by any state
regulatory agency or local agency, or, as a regular and significant
part of the business or activity of said entity, did business with,
or had matters other than ministerial matters before, any state or
local agency, list the name of any such agency.
State or
Position Organization Local Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) List any office, trusteeship, directorship, partnership, or
position of any nature including honorary positions, if known, and
excluding membership positions, whether compensated or not, held by
the spouse or unemancipated child of the reporting individual, with
any firm, corporation, association, partnership, or other
organization other than the State of New York. If said entity was
licensed by any state or local agency, was regulated by any state
regulatory agency or local agency, or, as a regular and significant
part of the business or activity of said entity, did business with,
or had matters other than ministerial matters before, any state or
local agency, list the name of any such agency.
State or
Position Organization Local Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
5. (a) List the name, address and description of any occupation,
employment, trade, business or profession engaged in by the reporting
individual. If such activity was licensed by any state or local
agency, was regulated by any state regulatory agency or local agency,
or, as a regular and significant part of the business or activity of
said entity, did business with, or had matters other than ministerial
matters before, any state or local agency, list the name of any such
agency.
State or
Name & Address Local
Position of Organization Description Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) If the spouse or unemancipated child of the reporting individual
was engaged in any occupation, employment, trade, business or
profession which activity was licensed by any state or local agency,
was regulated by any state regulatory agency or local agency, or, as
a regular and significant part of the business or activity of said
entity, did business with, or had matters other than ministerial
matters before, any state or local agency, list the name, address and
description of such occupation, employment, trade, business or
profession and the name of any such agency.
State or
Name & Address Local
Position of Organization Description Agency
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
6. List any interest, in excess of $1,000, excluding bonds and notes,
held by the reporting individual, such individual's spouse or
unemancipated child, or partnership of which any such person is a
member, or corporation, ten per centum or more of the stock of which
is owned or controlled by any such person, whether vested or
contingent, in any contract made or executed by a state or local
agency and include the name of the entity which holds such interest
and the relationship of the reporting individual or such individual's
spouse or such child to such entity and the interest in such
contract. Do not list any interest in any such contract on which
final payment has been made and all obligations under the contract
except from guarantees and warranties have been performed, provided,
however, that such an interest must be listed if there has been an
ongoing dispute during the calendar year for which this statement is
filed with respect to any such guarantees or warranties. Do not list
any interest in a contract made or executed by a state agency after
public notice and pursuant to a process for competitive bidding or a
process for competitive requests for proposals.
Entity Relationship Contracting Category
Self, Which Held to Entity State or of
Spouse or Interest in and Interest Local Value of
Child Contract in Contract Agency Contract
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
7. List any position the reporting individual held as an officer of any
political party or political organization, as a member of any
political party committee, or as a political party district leader.
The term "party" shall have the same meaning as "party" in the
election law. The term "political organization" means any party or
independent body as defined in the election law or any organization
that is affiliated with or a subsidiary of a party or independent
body.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
8. (a) If the reporting individual practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the department of education, give a general
description of the principal subject areas of matters undertaken by
such individual. Additionally, if such an individual practices with
a firm or corporation and is a partner or shareholder of the firm or
corporation, give a general description of principal subject areas of
matters undertaken by such firm or corporation. Do not list the name
of the individual clients, customers or patients.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(b) List the name, principal address and general description or the
nature of the business activity of any entity in which the reporting
individual or such individual's spouse had an investment in excess of
$1,000 excluding investments in securities and interests in real
property.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
9. List each source of gifts, excluding campaign contributions, in
excess of $1,000, received during the reporting period for which this
statement is filed by the reporting individual or such individual's
spouse or unemancipated child from the same donor, excluding gifts
from a relative. Include the name and address of the donor. The term
"gifts" does not include reimbursements, which term is defined in
item 10. Indicate the value and nature of each such gift.
Category
Self, of
Spouse or Name of Nature Value of
Child Donor Address of Gift Gift
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
10. Identify and briefly describe the source of any reimbursements for
expenditures, excluding campaign expenditures and expenditures in
connection with official duties reimbursed by the political
subdivision for which this statement has been filed, in excess of
$1,000 from each such source. For purposes of this item, the term
"reimbursements" shall mean any travel-related expenses provided by
nongovernmental sources and for activities related to the reporting
individual's official duties such as, speaking engagements,
conferences, or factfinding events. The term "reimbursements" does
not include gifts reported under item 9.
Source Description
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
11. List the identity and value, if reasonably ascertainable, of each
interest in a trust, estate or other beneficial interest, including
retirement plans other than retirement plans of the state of New
York or the city of New York, and deferred compensation plans
established in accordance with the internal revenue code, in which
the reporting individual held a beneficial interest in excess of
$1,000 at any time during the preceding year. Do not report
interests in a trust, estate or other beneficial interest
established by or for, or the estate of, a relative.
Category
of
Identity Value*
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_______________
* The value of such interest shall be reported only if reasonably
ascertainable.
12. (a) Describe the terms of, and the parties to, any contract,
promise, or other agreement between the reporting individual and any
person, firm, or corporation with respect to the employment of such
individual after leaving office or position (other than a leave of
absence).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) Describe the parties to and the terms of any agreement
providing for continuation of payments or benefits to the reporting
individual in excess of $1,000 from a prior employer other than the
political subdivision for which this statement is filed. (This
includes interests in or contributions to a pension fund,
profit-sharing plan, or life or health insurance; buy-out
agreements; severance payments; etc.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
13. List below the nature and amount of any income in excess of $1,000
from each source for the reporting individual and such individual's
spouse for the taxable year last occurring prior to the date of
filing. Nature of income includes, but is not limited to, salary
for government employment, income from other compensated employment
whether public or private, directorships and other fiduciary
positions, contractual arrangements, teaching income, partnerships,
honorariums, lecture fees, consultant fees, bank and bond interest,
dividends, income derived from a trust, real estate rents, and
recognized gains from the sale or exchange of real or other
property. Income from a business or profession and real estate rents
shall be reported with the source identified by the building address
in the case of real estate rents and otherwise by the name of the
entity and not by the name of the individual customers, clients or
tenants, with the aggregate net income before taxes for each
building address or entity. The receipt of maintenance received in
connection with a matrimonial action, alimony and child support
payments shall not be listed.
Category
Self/ of
Spouse Source Nature Amount
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
14. List the sources of any deferred income in excess of $1,000 from
each source to be paid to the reporting individual following the
close of the calendar year for which this disclosure statement is
filed, other than deferred compensation reported in item 11
hereinabove. Deferred income derived from the practice of a
profession shall be listed in the aggregate and shall identify as
the source, the name of the firm, corporation, partnership or
association through which the income was derived, but shall not
identify individual clients.
Category
of
Source Amount
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
15. List each assignment of income in excess of $1000, and each transfer
other than to a relative during the reporting period for which this
statement is filed for less than fair consideration of an interest
in a trust, estate or other beneficial interest, securities or real
property, by the reporting individual, in excess of $1000, which
would otherwise be required to be reported herein and is not or has
not been so reported.
Category
Item Assigned Assigned or of
or Transferred Transferred to Value
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
16. List below the type and market value of securities held by the
reporting individual or such individual's spouse from each issuing
entity in excess of $1,000 at the close of the taxable year last
occurring prior to the date of filing, including the name of the
issuing entity exclusive of securities held by the reporting
individual issued by a professional corporation. Whenever an
interest in securities exists through a beneficial interest in a
trust, the securities held in such trust shall be listed only if the
reporting individual has knowledge thereof except where the
reporting individual or the reporting individual's spouse has
transferred assets to such trust for his or her benefit in which
event such securities shall be listed unless they are not
ascertainable by the reporting individual because the trustee is
under an obligation or has been instructed in writing not to
disclose the contents of the trust to the reporting individual.
Securities of which the reporting individual or the reporting
individual's spouse is the owner of record but in which such
individual or the reporting individual's spouse has no beneficial
interest shall not be listed. Indicate percentage of ownership if
the reporting person or the reporting person's spouse holds more
than five percent of the stock of a corporation in which the stock
is publicly traded or more than ten percent of the stock of a
corporation in which the stock is not publicly traded. Also list
securities owned for investment purposes by a corporation more than
fifty percent of the stock of which is owned or controlled by the
reporting individual or such individual's spouse. For the purpose of
this item the term "securities" shall mean bonds, mortgages, notes,
obligations, warrants and stocks of any class, investment interests
in limited or general partnerships and certificates of deposits and
such other evidences of indebtedness and certificates of interest as
are usually referred to as securities. The market value for such
securities shall be reported only if reasonably ascertainable and
shall not be reported if the security is an interest in a general
partnership that was listed in item 8 (a) or if the security is
corporate stock, not publicly traded, in a trade or business of a
reporting individual or a reporting individual's spouse.
Category of
Market Value as
of the close of
the taxable year
last occurring Percentage
prior to the of corporate
Self/ Issuing Type of filing of this stock owned or
Spouse Entity Security statement controlled
__________ _________ __________ ______________ ______________
__________ _________ __________ ______________ ______________
__________ _________ __________ ______________ ______________
__________ _________ __________ ______________ ______________
__________ _________ __________ ______________ ______________
17. List below the location, size, general nature, acquisition date,
market value and percentage of ownership of any real property in
which any vested or contingent interest in excess of $1,000 is held
by the reporting individual or the reporting individual's spouse.
Also list real property owned for investment purposes by a
corporation more than fifty percent of the stock of which is owned
or controlled by the reporting individual or such individual's
spouse. Do not list any real property which is the primary or
secondary personal residence of the reporting individual or the
reporting individual's spouse, except where there is a co-owner who
is other than a relative.
Self/ Category
Spouse/ of Percentage
Other General Acquisition Market of
Party Location Size Nature Date Value Ownership
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
______ ________ ____ ______ ___________ ________ ___________
18. List below all notes and accounts receivable, other than from goods
or services sold, held by the reporting individual at the close of
the taxable year last occurring prior to the date of filing and
other debts owed to such individual at the close of the taxable year
last occurring prior to the date of filing, in excess of $1,000,
including the name of the debtor, type of obligation, date due and
the nature of the collateral securing payment of each, if any,
excluding securities reported in item 16 hereinabove. Debts, notes
and accounts receivable owed to the individual by a relative shall
not be reported.
Type of Obligation, Category
Date Due, and Nature of
Name of Debtor of Collateral, if any Amount
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
19. List below all liabilities of the reporting individual and such
individual's spouse, in excess of $5,000 as of the date of filing of
this statement, other than liabilities to a relative. Do not list
liabilities incurred by, or guarantees made by, the reporting
individual or such individual's spouse or by any proprietorship,
partnership or corporation in which the reporting individual or such
individual's spouse has an interest, when incurred or made in the
ordinary course of the trade, business or professional practice of
the reporting individual or such individual's spouse. Include the
name of the creditor and any collateral pledged by such individual
to secure payment of any such liability. A reporting individual
shall not list any obligation to pay maintenance in connection with
a matrimonial action, alimony or child support payments. Revolving
charge account information shall only be set forth if liability
thereon is in excess of $5,000 at the time of filing. Any loan
issued in the ordinary course of business by a financial institution
to finance educational costs, the cost of home purchase or
improvements for a primary or secondary residence, or purchase of a
personally owned motor vehicle, household furniture or appliances
shall be excluded. If any such reportable liability has been
guaranteed by any third person, list the liability and name the
guarantor.
Category
Name of Creditor Type of Liability of
or Guarantor and Collateral, if any Amount
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
__________________ ____________________________ __________________
The requirements of law relating to the reporting of financial
interests are in the public interest and no adverse inference of
unethical or illegal conduct or behavior will be drawn merely from
compliance with these requirements.
_____________________________________ _____________________
(Signature of Reporting Individual) Date (month/day/year)
6. A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly and wilfully
with intent to deceive makes a false statement or gives information
which such individual knows to be false on such statement of financial
disclosure filed pursuant to this section shall be assessed a civil
penalty in an amount not to exceed ten thousand dollars. Assessment of a
civil penalty hereunder shall be made by the appropriate body, as such
term is defined in section eight hundred ten of this article. For a
violation of this subdivision, other than for conduct which constitutes
a violation of subdivision twelve of section seventy-three of the public
officers law, the board of ethics of the political subdivision or other
municipality may, in lieu of a civil penalty, refer a violation to the
appropriate prosecutor and upon such conviction, but only after such
referral, such violation shall be punishable as a class A misdemeanor. A
civil penalty for false filing may not be imposed hereunder in the event
a category of "value" or "amount" reported hereunder is incorrect unless
such reported information is falsely understated. Notwithstanding any
other provision of law to the contrary, no other penalty, civil or
criminal may be imposed for a failure to file, or for a false filing, of
such statement, except that the appointing authority may impose
disciplinary action as otherwise provided by law. Each appropriate body,
as such term is defined in section eight hundred ten of this article,
shall adopt rules governing the conduct of adjudicatory proceedings and
appeals relating to the assessment of the civil penalties herein
authorized. Such rules shall provide for due process procedural
mechanisms substantially similar to those set forth in article three of
the state administrative procedure act but such mechanisms need not be
identical in terms or scope. Assessment of a civil penalty shall be
final unless modified, suspended or vacated within thirty days of
imposition and upon becoming final shall be subject to review at the
instance of the affected reporting individual in a proceeding commenced
against the appropriate body, pursuant to article seventy-eight of the
civil practice law and rules.