Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2825
Membership on authorities and commissions; independence; and financial disclosure
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 9, TITLE 2
§ 2825. Membership on authorities and commissions; independence; and
financial disclosure. Notwithstanding the provisions of any general,
special or local law, municipal charter or ordinance: 1. No public
officer or employee shall be ineligible for appointment as a trustee or
member of the governing body of a state or local authority, as defined
in section two of this chapter, and any public officer or employee may
accept such appointment and serve as such trustee or member without
forfeiture of any other public office or position of public employment
by reason thereof.

2. Except for members who serve as members by virtue of holding a
civil office of the state, the majority of the remaining members of the
governing body of every state or local authority shall be independent
members; provided, however, that this provision shall apply to
appointments made on or after the effective date of chapter seven
hundred sixty-six of the laws of two thousand five which added this
subdivision. The official or officials having the authority to appoint
or remove such remaining members shall take such actions as may be
necessary to satisfy this requirement and further, shall consider the
prospective diversity of the members of a state authority when making
their determinations to appoint any member. For the purposes of this
section, an independent member is one who:

(a) is not, and in the past two years has not been, employed by the
public authority or an affiliate in an executive capacity;

(b) is not, and in the past two years has not been, employed by an
entity that received remuneration valued at more than fifteen thousand
dollars for goods and services provided to the public authority or
received any other form of financial assistance valued at more than
fifteen thousand dollars from the public authority;

(c) is not a relative of an executive officer or employee in an
executive position of the public authority or an affiliate; and

(d) is not, and in the past two years has not been, a lobbyist
registered under a state or local law and paid by a client to influence
the management decisions, contract awards, rate determinations or any
other similar actions of the public authority or an affiliate.

3. Notwithstanding any other provision of any general, special or
local law, municipal charter or ordinance to the contrary, board
members, officers, and employees of a state authority shall file annual
financial disclosure statements as required by section seventy-three-a
of the public officers law. Board members, officers, and employees of a
local public authority shall file annual financial disclosure statements
with the county board of ethics for the county in which the local public
authority has its primary office pursuant to article eighteen of the
general municipal law.