A07477 Summary:

BILL NOA07477
 
SAME ASSAME AS S05548
 
SPONSORThiele (MS)
 
COSPNSRD'Urso, Galef, Gottfried, Magnarelli, McDonald, Romeo, Zebrowski, Jaffee, Jacobson, Otis, Abinanti
 
MLTSPNSRBuchwald
 
Amd 800, 801, 802, 805-a, 806, 808 & 810, Gen Muni L; amd 13, Chap 946 of 1964
 
Relates to conflicts of interest of municipal officers and employees, codes of ethics and boards of ethics; permits local codes of ethics to prohibit activities expressly permitted by article 18 of the general municipal law.
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A07477 Actions:

BILL NOA07477
 
05/06/2019referred to local governments
05/14/2019reported referred to codes
05/21/2019reported
05/23/2019advanced to third reading cal.443
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A07477 Committee Votes:

LOCAL GOVERNMENTS Chair:Thiele DATE:05/14/2019AYE/NAY:18/0 Action: Favorable refer to committee Codes
ThieleAyeSchmittAye
GanttExcusedFriendAye
RamosAyeStecAye
BuchwaldAyeBrabenecAye
OtisAyeTagueAye
WoernerAye
WallaceAye
McDonaldAye
D'UrsoAye
JacobsonAye
RaynorAye
BurkeAye
RomeoAye
McMahonAye

CODES Chair:Lentol DATE:05/21/2019AYE/NAY:21/0 Action: Favorable
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAbsentMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

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A07477 Floor Votes:

There are no votes for this bill in this legislative session.
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A07477 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7477
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 6, 2019
                                       ___________
 
        Introduced  by  M.  of  A. THIELE, D'URSO, GALEF, GOTTFRIED, MAGNARELLI,
          McDONALD, ROMEO, ZEBROWSKI -- Multi-Sponsored by -- M. of A.  BUCHWALD
          --  (at request of the State Comptroller) -- read once and referred to
          the Committee on Local Governments
 
        AN ACT to amend the general municipal law, in relation to  conflicts  of
          interest  of  municipal  officers  and  employees, codes of ethics and
          boards of ethics; and to amend chapter 946 of the laws of 1964, amend-
          ing the general municipal law and other laws relating to conflicts  of
          interest  of  municipal officers and employees, in relation to permit-
          ting local codes of ethics to prohibit activities expressly  permitted
          by article 18 of the general municipal law
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 800 of the general municipal  law,
     2  as  amended  by  chapter 1043 of the laws of 1965, is amended to read as
     3  follows:
     4    3. "Interest" means a direct or indirect pecuniary or material benefit
     5  accruing to a municipal officer or employee, or his or  her  spouse,  as
     6  the  result  of  a  contract with the municipality which such officer or
     7  employee serves. For the purposes of this article a municipal officer or
     8  employee shall be deemed to have an interest in the contract of (a)  his
     9  or  her  spouse,  minor  children  and  dependents, except a contract of
    10  employment with the municipality which such officer or employee  serves,
    11  (b)  a  firm,  partnership  or  association  of  which  such  officer or
    12  employee, or his or her spouse, is a member or employee,  (c)  a  corpo-
    13  ration  of  which  such officer or employee, or his or her spouse, is an
    14  officer, director or employee and (d) a corporation any stock  of  which
    15  is owned or controlled directly or indirectly by such officer or employ-
    16  ee, or his or her spouse.
    17    §  2.  Section 801 of the general municipal law, as amended by chapter
    18  1043 of the laws of 1965, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08964-01-9

        A. 7477                             2
 
     1    § 801. Conflicts of interest prohibited. Except as provided in section
     2  eight hundred two of this [chapter] article, (1) no municipal officer or
     3  employee shall have an interest in any contract with the municipality of
     4  which he or she is an officer or employee, when such officer or  employ-
     5  ee, individually or as a member of a board, has the power or duty to (a)
     6  negotiate,  prepare,  authorize  or approve the contract or authorize or
     7  approve  payment  thereunder,  (b)  audit  bills  or  claims  under  the
     8  contract,  or  (c)  appoint  an  officer  or employee who has any of the
     9  powers or duties set forth above and (2) no chief fiscal officer, treas-
    10  urer, or his or her deputy or employee, shall have an interest in a bank
    11  or trust company designated as a depository, paying agent,  registration
    12  agent  or for investment of funds of the municipality of which he or she
    13  is an officer or employee. The provisions of this section  shall  in  no
    14  event  be  construed  to preclude the payment of lawful compensation and
    15  necessary expenses of any municipal officer or employee in one  or  more
    16  positions  of  public employment, the holding of which is not prohibited
    17  by law.
    18    § 3. Paragraphs b and j of subdivision 1 of section 802 of the general
    19  municipal law, paragraph b as amended by chapter 1043  of  the  laws  of
    20  1965  and  paragraph  j as added by chapter 364 of the laws of 1996, are
    21  amended to read as follows:
    22    b. A contract with a person, firm, corporation or association in which
    23  a municipal officer or employee has  an  interest  which  is  prohibited
    24  solely  by  reason  of  his  or  her  employment, or his or her spouse's
    25  employment, as an officer or employee thereof, if  the  remuneration  of
    26  such  employment  will  not  be  directly  affected  as a result of such
    27  contract and the duties of such employment do not directly  involve  the
    28  procurement, preparation or performance of any part of such contract;
    29    j.  Purchases  or  public work by a municipality, other than a county,
    30  located wholly or partly within  a  county  with  a  population  of  two
    31  hundred thousand or less pursuant to a contract in which a member of the
    32  governing body or board has a prohibited interest, where:
    33    (1)  the member of the governing body or board is elected or appointed
    34  and serves with or without salary or other compensation;
    35    (2) the purchases or public work, in  the  aggregate,  are  less  than
    36  [five] fifteen thousand dollars in one fiscal year and:
    37    (i)  the governing body or board has followed its procurement policies
    38  and procedures adopted in accordance with the provisions of section  one
    39  hundred  four-b  of  this  chapter and the procurement process indicates
    40  that the contract is with the lowest dollar offer[;], or
    41    (ii) the purchases, in the aggregate, are less than  fifteen  thousand
    42  dollars  in  one  fiscal  year, cannot be procured from another supplier
    43  located within the  municipality,  and  the  next  closest  supplier  is
    44  located  more than twenty-five miles driving distance from the border of
    45  the municipality by way of the most direct route using public  highways,
    46  roads or streets; and
    47    (3)  the  contract  for  the  purchases  or public work is approved by
    48  resolution of the body or board by the affirmative vote of  each  member
    49  of the body or board except the interested member who shall abstain.
    50    § 4. Paragraph a of subdivision 2 of section 802 of the general munic-
    51  ipal  law, as amended by chapter 1019 of the laws of 1970, is amended to
    52  read as follows:
    53    a. A contract with a corporation  in  which  a  municipal  officer  or
    54  employee  has an interest by reason of stockholdings when less than five
    55  per centum of the outstanding stock  of  the  corporation  is  owned  or

        A. 7477                             3
 
     1  controlled  directly or indirectly by such officer or employee or his or
     2  her spouse either jointly or severally;
     3    §  5.  Section 805-a of the general municipal law, as added by chapter
     4  1019 of the laws of 1970 and subdivision 1 as amended by chapter 813  of
     5  the laws of 1987, is amended to read as follows:
     6    § 805-a. [Certain action prohibited] Additional statewide standards of
     7  ethical  conduct. 1. No municipal officer or employee shall: a. directly
     8  or indirectly, solicit any gift, or accept or receive any gift having  a
     9  value  of  seventy-five  dollars  or more, whether in the form of money,
    10  service, loan, travel, entertainment, hospitality, thing or promise,  or
    11  in  any  other form, under circumstances in which it could reasonably be
    12  inferred that the gift was intended to influence [him], or could reason-
    13  ably be expected to influence [him, in] the performance of  [his]  offi-
    14  cial  duties or was intended as a reward for any official action [on his
    15  part];
    16    b. disclose confidential information acquired by him  or  her  in  the
    17  course  of his or her official duties or use such information to further
    18  his or her personal interests;
    19    c. receive, or enter into  any  agreement,  express  or  implied,  for
    20  compensation  for  services  to  be  rendered  in relation to any matter
    21  before any municipal agency of which he or she is an officer, member  or
    22  employee  or  of any municipal agency over which he or she has jurisdic-
    23  tion or to which he or she has the power to appoint any member,  officer
    24  or employee; or
    25    d.  receive,  or  enter  into  any  agreement, express or implied, for
    26  compensation for services to be  rendered  in  relation  to  any  matter
    27  before any agency of his or her municipality, whereby his or her compen-
    28  sation  is  to be dependent or contingent upon any action by such agency
    29  with respect to such matter, provided  that  this  paragraph  shall  not
    30  prohibit  the fixing at any time of fees based upon the reasonable value
    31  of the services rendered.
    32    2. a. Except as provided in paragraph b of this subdivision, no munic-
    33  ipal officer or employee shall participate in any official  decision  or
    34  take  any official action with respect to any matter requiring the exer-
    35  cise of discretion, including participating in official discussions  and
    36  voting on the matter, when he or she knows or has reason to believe that
    37  action  or  inaction  on  the matter will confer a financial or material
    38  benefit on himself or herself, a relative, or any  private  organization
    39  in  which  the municipal officer or employee is deemed to have an inter-
    40  est.
    41    b. This subdivision shall not be construed as prohibiting:
    42    i. performance of a ministerial act, which for the  purposes  of  this
    43  section,  shall  mean  an administrative act carried out in a prescribed
    44  manner not allowing for substantial personal discretion;
    45    ii. participation in any official decision or official action taken by
    46  a board or similar body when  paragraph  a  of  this  subdivision  would
    47  prohibit one or more members of the board or body from participating and
    48  the remaining members of the board or body are insufficient in number or
    49  lack  sufficient  voting  strength  to  make  such decision or take such
    50  action; or
    51    iii. participation in any official decision or official  action  taken
    52  by a municipal officer or employee, individually, when the matter cannot
    53  be lawfully delegated or assigned to another person.
    54    c.  Whenever  paragraph  a  of  this subdivision prohibits a municipal
    55  officer or employee from participating in an official decision or taking
    56  official action, such municipal officer or employee  shall  disclose  in

        A. 7477                             4
 
     1  writing  to  the  governing  board the facts and circumstances requiring
     2  recusal and such disclosure shall be made a part of and set forth in the
     3  official record of the proceedings of such board.  Whenever the prohibi-
     4  tion  in  paragraph  a of this subdivision does not apply because of the
     5  applicability of subparagraph ii or subparagraph iii of paragraph  b  of
     6  this  subdivision,  the  municipal officer or employee shall disclose in
     7  writing to the governing board the facts and  circumstances  that  would
     8  otherwise require recusal under paragraph a of this subdivision and such
     9  disclosure  shall be made a part of and set forth in the official record
    10  of the proceedings of such board.
    11    d. For purposes of this subdivision, the term  "relative"  shall  mean
    12  any  person  living  in  the  same household as the municipal officer or
    13  employee and any person who is a direct descendant of that  individual's
    14  grandparents or the spouse of such descendant.
    15    e.  Compliance with this subdivision shall not constitute an exception
    16  to section eight hundred one of this article, nor be construed as curing
    17  a violation of that section.
    18    3. a. Except as provided in paragraph b of this subdivision, no munic-
    19  ipal officer or employee shall use or permit the use of municipal  prop-
    20  erty or resources for personal or private purposes.
    21    b. This subdivision shall not be construed as prohibiting:
    22    i.  any  use  of  municipal property or resources authorized by law or
    23  municipal policy consistent with law;
    24    ii. the use of municipal property or resources for personal or private
    25  purposes when provided to a municipal officer or employee as part of his
    26  or her compensation; or
    27    iii. the occasional, minimal, non-business  and  non-partisan  use  of
    28  municipal  office equipment and supplies, such as telephones, computers,
    29  copiers, paper and pens, for personal matters at no or nominal  cost  to
    30  the municipality.
    31    c.  For  purposes  of  this subdivision, "property or resources" shall
    32  include, but not be limited to, money, facilities, furnishings,  machin-
    33  ery, apparatus, equipment, supplies and letterhead.
    34    4. In addition to any penalty contained in any other provision of law,
    35  any  person  who  shall knowingly and intentionally violate this section
    36  may be fined, suspended or removed from  office  or  employment  in  the
    37  manner provided by law.
    38    §  6. The section heading of section 806 of the general municipal law,
    39  as amended by chapter 1019 of the laws of 1970, is amended  to  read  as
    40  follows:
    41    [Code] Municipal codes of ethics.
    42    §  7.  Paragraph  (a)  of  subdivision 1 of section 806 of the general
    43  municipal law, as amended by chapter 238 of the laws of 2006, is amended
    44  to read as follows:
    45    (a) The governing body of each county,  city,  town,  village,  school
    46  district [and], fire district and improvement district governed by arti-
    47  cle  thirteen of the town law shall, and the governing body of any other
    48  municipality may, by local law, ordinance or resolution, adopt a code of
    49  ethics setting forth for the guidance of its officers and employees  the
    50  standards  of  conduct  reasonably expected of them. Notwithstanding any
    51  other provision of this article to the contrary, a fire district code of
    52  ethics shall also apply to the volunteer members of  the  fire  district
    53  fire  department.  Codes  of ethics shall provide standards for officers
    54  and employees with respect to  disclosure  of  interest  in  legislation
    55  before the local governing body, holding of investments in conflict with
    56  official  duties,  private  employment in conflict with official duties,

        A. 7477                             5
 
     1  future employment, nepotism, and such other standards  relating  to  the
     2  conduct of officers and employees as may be deemed advisable. Such codes
     3  may: (i) regulate or prescribe conduct which is not expressly prohibited
     4  by  this  article  but may not authorize conduct otherwise prohibited [.
     5  Such codes may provide for the prohibition of]; (ii) prohibit  contracts
     6  or  conduct [or] that is either expressly or by implication permitted by
     7  section eight hundred two or section eight hundred five-a of this  arti-
     8  cle; and (iii) provide for the disclosure of information and the classi-
     9  fication  of employees or officers. Every five years, the governing body
    10  of each municipality that adopts a code of ethics shall review and, when
    11  deemed necessary, update its code of ethics.
    12    § 8. Subdivision 2 of section 806 of the  general  municipal  law,  as
    13  amended  by  chapter  238  of  the  laws  of 2006, is amended to read as
    14  follows:
    15    2. [The] Upon the adoption or amendment of a code of ethics by a muni-
    16  cipality, the chief executive officer of [a] the municipality  [adopting
    17  a  code  of  ethics] shall cause a paper or electronic copy [thereof] of
    18  such code or amendment to be distributed promptly to every  officer  and
    19  employee  of  his or her municipality and to the board of ethics for the
    20  municipality. In addition, such chief executive officer  shall  cause  a
    21  complete  and  current  copy  of the municipality's code of ethics to be
    22  posted on the municipality's website, if the  municipality  maintains  a
    23  website, and distributed (a) to every person who is elected or appointed
    24  to  serve as an officer or employee of the municipality promptly follow-
    25  ing such person's election or appointment, and (b) to all  the  officers
    26  and  employees of the municipality at least once every five years. Every
    27  municipal officer and employee receiving a copy of a code of  ethics  or
    28  amendment  thereto  shall acknowledge promptly in writing that he or she
    29  has received and read the code of ethics or amendment and such  acknowl-
    30  edgement shall be filed with the clerk or secretary of the municipality.
    31  The board of fire [district] commissioners of a fire district shall also
    32  cause a copy of the fire district's code of ethics, including any amend-
    33  ments  thereto, to be posted publicly and conspicuously in each building
    34  under such district's control. Failure to distribute any  such  copy  or
    35  failure  of  any  officer or employee to receive such copy shall have no
    36  effect on the duty of compliance with such code, nor the enforcement  of
    37  provisions thereof.
    38    §  9.  Section 806 of the general municipal law is amended by adding a
    39  new subdivision 3 to read as follows:
    40    3. The clerk of each municipality and of each  political  subdivision,
    41  as  defined in section eight hundred ten of this article, shall maintain
    42  as a record subject to public inspection:
    43    (a) a copy of the municipality's or political  subdivision's  code  of
    44  ethics and any amendments to any code of ethics;
    45    (b)  a  statement  that such municipality or political subdivision has
    46  established a board of ethics, in accordance with section eight  hundred
    47  eight of this article and/or pursuant to other law, charter, code, local
    48  law,  ordinance  or  resolution,  and  the  names of the members of such
    49  board; and
    50    (c) a copy of the form of annual  statement  of  financial  disclosure
    51  described  in  subdivision  one  of section eight hundred eleven of this
    52  article and either a statement of the date such  annual  statement  form
    53  was  promulgated  by local law, ordinance or resolution of the governing
    54  body, if adopted pursuant to subparagraph (i) of paragraph (a) of subdi-
    55  vision one of section eight hundred eleven of this article, or a  state-
    56  ment that the governing body has, by local law, ordinance or resolution,

        A. 7477                             6
 
     1  resolved  to  continue the use of an authorized form of annual statement
     2  of financial disclosure in use on the date such local law, ordinance  or
     3  resolution is adopted, if adopted pursuant to subparagraph (ii) of para-
     4  graph  (a)  of  subdivision  one of section eight hundred eleven of this
     5  article, and if as of January first,  nineteen  hundred  ninety-one,  no
     6  such form was promulgated and no such resolve was made to continue using
     7  an  existing  annual  statement form, a statement that the provisions of
     8  section eight hundred twelve of this article apply or that it is a muni-
     9  cipality which is not subject to the provisions of section eight hundred
    10  twelve of this article because it is  not  a  political  subdivision  as
    11  defined in section eight hundred ten of this article.
    12    §  10. Section 808 of the general municipal law, as amended by chapter
    13  1019 of the laws of 1970 and subdivision 5 as amended by chapter 490  of
    14  the laws of 2014, is amended to read as follows:
    15    §  808.  Boards  of  ethics.  1. [The governing body of any county may
    16  establish a county board of ethics and appropriate  moneys  for  mainte-
    17  nance and personal services in connection therewith. The members of such
    18  board  of ethics shall be appointed by such governing body except in the
    19  case of a county operating under an  optional  or  alternative  form  of
    20  county  government or county charter, in which case the members shall be
    21  appointed by the county executive or county manager, as the case may be,
    22  subject to confirmation by such governing body.  Such  board  of  ethics
    23  shall consist of at least three members, a majority of whom shall not be
    24  officers  or  employees  of  such  county  or  municipalities  wholly or
    25  partially located in such county and at least one of whom  shall  be  an
    26  elected or appointed officer or employee of the county or a municipality
    27  located  within  such county. The members of such board shall receive no
    28  salary or compensation for their services as members of such  board  and
    29  shall serve at the pleasure of the appointing authority] (a) The govern-
    30  ing body of (i) every county, (ii) every city, town and village having a
    31  population  of  twenty-five  thousand  or more, and (iii) every board of
    32  cooperative educational services (BOCES)  shall  establish  a  board  of
    33  ethics.  Thereafter,  the governing body shall appropriate annually such
    34  moneys as may be necessary for  the  board's  contractual  and  personal
    35  service  expenditures.    Except  as  provided  in paragraph (d) of this
    36  subdivision, such board shall have jurisdiction to act only in  relation
    37  to  the  officers  and  employees  of the county, city, town, village or
    38  BOCES that established the board.
    39    (b) The governing body of every municipality not  described  in  para-
    40  graph (a) of this subdivision is authorized, but not required, to estab-
    41  lish  a  board  of ethics. If such governing body establishes a board of
    42  ethics, the governing body shall appropriate annually such moneys as may
    43  be necessary for the board's contractual and personal  service  expendi-
    44  tures. Such board shall have jurisdiction to act only in relation to the
    45  officers and employees of the municipality that established the board.
    46    (c)  Two or more municipalities not described in paragraph (a) of this
    47  subdivision may enter into, amend, cancel, and terminate agreements  for
    48  the  establishment  of  a  cooperative  board of ethics. Such agreements
    49  shall be consistent with the requirements  of  article  five-G  of  this
    50  chapter,  except  as  otherwise provided in this section, including that
    51  (i) the power to enter into such agreements shall extend to all  munici-
    52  palities as defined in this article, and shall not be limited to munici-
    53  pal  corporations  and  districts  as  defined in article five-G of this
    54  chapter, and (ii) the duration of such agreements shall not  be  limited
    55  to  a maximum term of five years. Following the establishment of a coop-
    56  erative board of ethics, the governing bodies of the municipalities that

        A. 7477                             7
 
     1  are parties to the agreement establishing the  board  shall  appropriate
     2  annually such moneys as may be necessary for the board's contractual and
     3  personal  service  expenditures, in such amounts or proportion as may be
     4  provided  in  the  agreement. A cooperative board of ethics shall be the
     5  board of ethics of each municipality that is a party  to  the  agreement
     6  establishing  the  board,  and  shall  have  jurisdiction to act only in
     7  relation to the officers or employees of such municipalities.
     8    (d) In the event that a municipality described  in  paragraph  (b)  of
     9  this subdivision does not establish a board of ethics and is not a party
    10  to an agreement establishing a cooperative board of ethics:
    11    (i)  in  the  case of a municipality other than a school district, the
    12  board of ethics of the county in which the municipality is located shall
    13  serve as the board of ethics of such municipality and have  jurisdiction
    14  to  act  in relation to the officers and employees of that municipality,
    15  provided that if such a municipality is located in more than one county,
    16  the governing board of the municipality by  resolution  shall  designate
    17  the  board  of  ethics  of  one of the counties to serve as the board of
    18  ethics of the municipality;
    19    (ii) in the case of a school district,  other  than  the  city  school
    20  district  of a city having a population of one hundred twenty-five thou-
    21  sand or more, the board of ethics established by the BOCES of the super-
    22  visory district in which the school district is located shall  serve  as
    23  the board of ethics of such school district and have jurisdiction to act
    24  in relation to the officers and employees of such school district; and
    25    (iii)  in  the case of a city school district of a city having a popu-
    26  lation of one hundred twenty-five thousand or more, the board of  ethics
    27  established  by  the  city in which the school district is located shall
    28  serve as the board of ethics of such school district and have  jurisdic-
    29  tion  to  act  in  relation to the officers and employees of such school
    30  district.
    31    (e) In the case of a municipality that has not established a board  of
    32  ethics  and  is  not  a party to an agreement establishing a cooperative
    33  board of ethics:
    34    (i) The chief executive officer of the municipality, annually,  within
    35  thirty days following the start of the municipality's fiscal year, shall
    36  notify  the  appropriate county, BOCES or city board of ethics that such
    37  board shall serve as the board of  ethics  for  the  municipality.  Such
    38  notice  shall  be  accompanied  by  a  complete  and current copy of the
    39  municipality's code of ethics. At the time such  notice  is  given,  the
    40  chief  executive  officer  shall  also  cause a copy of the notice to be
    41  posted on the municipality's website, if the  municipality  maintains  a
    42  website, and in each public building under the jurisdiction of the muni-
    43  cipality in a place conspicuous to its officers and employees.
    44    (ii)  If  officers  and  employees  of the municipality are subject to
    45  annual financial disclosure requirements imposed in accordance with this
    46  article, such notice shall also be accompanied by a complete and current
    47  copy of all local laws, ordinances, resolutions and regulations  adopted
    48  by  the  municipality  relating  to  the  imposition, administration and
    49  enforcement of the filing requirement.
    50    (iii) The governing body of the municipality, annually, within  thirty
    51  days  following  the  start  of  the  municipality's  fiscal year, shall
    52  appoint a municipal representative to the appropriate county,  BOCES  or
    53  city  board  of ethics. The person appointed as municipal representative
    54  shall be a resident of the municipality, and shall be knowledgeable with
    55  respect to the municipality's code  of  ethics  and  the  municipality's
    56  annual  financial  disclosure requirements, if any. The municipal repre-

        A. 7477                             8
 
     1  sentative shall receive notice of, and be entitled to participate, as  a
     2  non-voting member, in all meetings, proceedings, deliberations and other
     3  activities  of  the  board that pertain to an officer or employee of the
     4  municipality.  A  municipal  representative  shall  receive no salary or
     5  compensation for his or her services, but  within  amounts  appropriated
     6  shall  be  reimbursed  for actual and necessary expenses incurred in the
     7  performance of his or her official duties.
     8    (f) In the event that a board of ethics established by a county, BOCES
     9  or city serves as the board of ethics for another municipality, and such
    10  municipality shall either establish a board of ethics or become a  party
    11  to  an  agreement  establishing a cooperative board of ethics, the chief
    12  executive officer of the municipality shall notify the county, BOCES  or
    13  city  board of ethics of the date as of which such board shall no longer
    14  serve as the board of ethics of the municipality.    Such  notice  shall
    15  either  state  that  the  municipality  has established its own board of
    16  ethics or identify such cooperative board of ethics. At  the  time  such
    17  notice  is given, the chief executive officer shall also cause a copy of
    18  the notice to be posted on the municipality's website,  if  the  munici-
    19  pality maintains a website, and in each public building under the juris-
    20  diction  of  the municipality in a place conspicuous to its officers and
    21  employees.  Promptly after the date specified in such notice, the  coun-
    22  ty,  BOCES  or  city  board of ethics shall transfer to the municipal or
    23  cooperative board of ethics all pending matters and records relating  to
    24  the  officers and employees of the municipality; provided, however, that
    25  such county, BOCES, or city board of ethics shall have the discretion to
    26  retain any pending matter and records relating thereto until  such  time
    27  as the matter is resolved.
    28    (g)  Every  board of ethics shall consist of at least three members, a
    29  majority of whom shall not  be  municipal  officers  or  employees.  The
    30  members of every board of ethics shall serve for a fixed term of office,
    31  not  to  exceed  five  years. The length of such term of office shall be
    32  determined by the municipal governing body that establishes the board of
    33  ethics or specified in the agreement establishing a cooperative board of
    34  ethics, provided that such governing body or agreement may  provide  for
    35  the  initial  appointments  to the board to be made for staggered terms.
    36  Appointments to the board shall be made as follows:
    37    (i) The members of a county board of ethics shall be appointed by  the
    38  governing  body  of  the county except in the case of a county operating
    39  under an optional or alternative form of  county  government  or  county
    40  charter,  in  which  case  the  members shall be appointed by the county
    41  executive, county manager or county administrator, as the case  may  be,
    42  subject to confirmation by such governing body.
    43    (ii)  The  members  of a board of ethics established by a municipality
    44  other than a county shall be appointed by  the  governing  body  of  the
    45  municipality  or  by  such  person  or  body as may be designated by the
    46  governing body of the municipality.
    47    (iii) The members of a cooperative board of ethics shall be  appointed
    48  in the manner provided in the agreement establishing the board.
    49    2.  [The]  Every board of ethics shall render advisory opinions to the
    50  officers and employees [of municipalities wholly or  partly  within  the
    51  county]  under the board's jurisdiction with respect to this article and
    52  any code of ethics adopted pursuant hereto. Such advisory opinions shall
    53  be rendered pursuant to the written  request  of  any  such  officer  or
    54  employee  under  such  rules  and regulations as the board may prescribe
    55  [and shall have the advice of counsel employed by the board, or if none,
    56  the county attorney]. In addition, [it] the board may  make  recommenda-

        A. 7477                             9

     1  tions  with  respect to the drafting and adoption of a code of ethics or
     2  amendments thereto upon the request of the governing body of any munici-
     3  pality [in the county] for which the board serves as the  municipality's
     4  board of ethics, and perform such other functions relating to the admin-
     5  istration  of this article as may be authorized by the governing body or
     6  agreement establishing the board including, but not limited to,  provid-
     7  ing  ethics  training  to  the  officers and employees under the board's
     8  jurisdiction.
     9    3. [The governing body of any municipality other  than  a  county  may
    10  establish  a  local board of ethics and, where such governing body is so
    11  authorized, appropriate moneys for maintenance and personal services  in
    12  connection therewith. A local board shall have all the powers and duties
    13  of  and  shall  be  governed by the same conditions as a county board of
    14  ethics, except that it shall act  only  with  respect  to  officers  and
    15  employees  of the municipality that has established such board or of its
    16  agencies. The members of a local board shall be appointed by such person
    17  or body as may be designated by the governing body of  the  municipality
    18  to  serve  at  the  pleasure  of the appointing authority and such board
    19  shall consist of at least three members, a  majority  of  whom  are  not
    20  otherwise  officers  or employees of such municipality. Such board shall
    21  include at least one member who is an  elected  or  appointed  municipal
    22  officer or employee.
    23    4.  The county board of ethics shall not act with respect to the offi-
    24  cers and employees of any municipality located  within  such  county  or
    25  agency thereof, where such municipality has established its own board of
    26  ethics,  except  that the local board may at its option refer matters to
    27  the county board.
    28    5.] A board of ethics shall have the advice of counsel employed by the
    29  board or, if none, the attorney for the  municipality  that  established
    30  the board or, in the case of a cooperative board of ethics, such munici-
    31  pal  attorney  as  may  be  designated in the agreement establishing the
    32  cooperative board of ethics.
    33    4. The board of ethics of  a  political  subdivision  (as  defined  in
    34  section  eight  hundred  ten of this article) and the board of ethics of
    35  any other municipality[,] which [is required by local law, ordinance  or
    36  resolution  to be, or which pursuant to legal authority, in practice is,
    37  the repository for completed annual statements of  financial  disclosure
    38  shall  file  a  statement with the clerk of its municipality, that it is
    39  the authorized repository for completed annual statements  of  financial
    40  disclosure] requires filing of annual statements of financial disclosure
    41  pursuant  to  this  article, shall receive, review for completeness, and
    42  serve as repository for such annual statements and enforce  such  filing
    43  requirement.
    44    5.  Each member of every board of ethics shall attend and successfully
    45  complete a training course the contents of which shall  be  approved  by
    46  the  state  comptroller  within  two  hundred seventy days of his or her
    47  appointment or reappointment to the board; provided, however, that noth-
    48  ing in this subdivision shall be deemed to require a member of  a  board
    49  of  ethics to successfully complete such training course more than once.
    50  The course shall contain training related  to  the  provisions  of  this
    51  article, codes of ethics, annual financial disclosure and decisional law
    52  relating  to  conflicts  of interest and ethics and such other topics as
    53  the comptroller deems advisable. When approved in advance of  attendance
    54  by  the  governing body of the municipality establishing the board or in
    55  the manner provided in an agreement establishing a cooperative board  of
    56  ethics,  the actual and necessary expenses incurred by a board member in

        A. 7477                            10
 
     1  successfully completing the training required by this section shall be a
     2  charge against the municipality or the municipalities  participating  in
     3  the cooperative board of ethics as provided in such agreement.
     4    6.  The  provisions of this section shall not apply to a city having a
     5  population of one million or more or to a county,  school  district,  or
     6  other public agency or facility therein.
     7    §  11.  Subdivision  9 of section 810 of the general municipal law, as
     8  amended by chapter 490 of the laws  of  2014,  is  amended  to  read  as
     9  follows:
    10    9.  The term "appropriate body" or "appropriate bodies" shall mean the
    11  board of ethics [for the] of any political subdivision or municipality.
    12    § 12. Section 13 of chapter 946 of the  laws  of  1964,  amending  the
    13  general  municipal  law and other laws relating to conflicts of interest
    14  of municipal officers and employees, is amended to read as follows:
    15    § 13. Laws superseded. The provisions of article [eighteen] 18 of  the
    16  general  municipal  law, as added by this act, shall supersede any local
    17  law, charter, ordinance, resolution, rule or regulation of  any  munici-
    18  pality  to  the  extent  that such local law, charter, ordinance, resol-
    19  ution, rule or regulation is inconsistent with the  provisions  thereof.
    20  No  local law, ordinance, resolution, rule or regulation shall modify or
    21  dispense with any provision of article  [eighteen]  18  of  the  general
    22  municipal  law,  as  added  by this act; provided, however, that nothing
    23  [herein] contained in this section  shall  prohibit  a  code  of  ethics
    24  adopted  pursuant  thereto from supplementing the provisions of this act
    25  or from being more stringent than article 18 of  the  general  municipal
    26  law.
    27    § 13. Notwithstanding any general, special or local law to the contra-
    28  ry, the governing body of any municipality which has prior to the effec-
    29  tive  date  of this act:   (a) established a board of ethics pursuant to
    30  section 808 of the general municipal law; and (b) not established a term
    31  of office for the members of  such  board;  such  governing  body  shall
    32  establish  terms  of  office  for  the members of such board pursuant to
    33  paragraph (g) of subdivision 1 of section 808 of the  general  municipal
    34  law as added by section ten of this act to begin on a date no later than
    35  the  first  day of the municipality's fiscal year commencing in 2018 and
    36  on such date the positions on such  board  of  ethics  shall  be  deemed
    37  vacant,  provided  that  nothing  in  this section shall be construed to
    38  prohibit the reappointment of an incumbent board member for such term of
    39  office.
    40    § 14. Notwithstanding any general, special or local law to the contra-
    41  ry, any person serving as a member of  a  board  of  ethics  established
    42  pursuant  to  section  808 of the general municipal law on the effective
    43  date of  this  act  shall  successfully  complete  the  training  course
    44  required by subdivision 5 of section 808 of such law as added by section
    45  ten of this act within one year of the effective date of this act.
    46    § 15. This act shall take effect on the first of January next succeed-
    47  ing  the  date  on  which it shall have become a law; provided, however,
    48  that paragraph (d) of subdivision 1 of section 808 of the general munic-
    49  ipal law, as added by section ten of this act, shall take effect January
    50  1, 2021.
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