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.
STATE OF NEW YORK
________________________________________________________________________
5548--A
2019-2020 Regular Sessions
IN SENATE
May 6, 2019
___________
Introduced by Sen. BIAGGI -- (at request of the State Comptroller) --
read twice and ordered printed, and when printed to be committed to
the Committee on Local Government -- recommitted to the Committee on
Local Government in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08964-05-9
S. 5548--A 2
1 § 2. Section 801 of the general municipal law, as amended by chapter
2 1043 of the laws of 1965, is amended to read as follows:
3 § 801. Conflicts of interest prohibited. Except as provided in section
4 eight hundred two of this [chapter] article, (1) no municipal officer or
5 employee shall have an interest in any contract with the municipality of
6 which he or she is an officer or employee, when such officer or employ-
7 ee, individually or as a member of a board, has the power or duty to (a)
8 negotiate, prepare, authorize or approve the contract or authorize or
9 approve payment thereunder, (b) audit bills or claims under the
10 contract, or (c) appoint an officer or employee who has any of the
11 powers or duties set forth above and (2) no chief fiscal officer, treas-
12 urer, or his or her deputy or employee, shall have an interest in a bank
13 or trust company designated as a depository, paying agent, registration
14 agent or for investment of funds of the municipality of which he or she
15 is an officer or employee. The provisions of this section shall in no
16 event be construed to preclude the payment of lawful compensation and
17 necessary expenses of any municipal officer or employee in one or more
18 positions of public employment, the holding of which is not prohibited
19 by law.
20 § 3. Paragraphs b and j of subdivision 1 of section 802 of the general
21 municipal law, paragraph b as amended by chapter 1043 of the laws of
22 1965 and paragraph j as added by chapter 364 of the laws of 1996, are
23 amended to read as follows:
24 b. A contract with a person, firm, corporation or association in which
25 a municipal officer or employee has an interest which is prohibited
26 solely by reason of his or her employment, or his or her spouse's
27 employment, as an officer or employee thereof, if the remuneration of
28 such employment will not be directly affected as a result of such
29 contract and the duties of such employment do not directly involve the
30 procurement, preparation or performance of any part of such contract;
31 j. Purchases or public work by a municipality, other than a county,
32 located wholly or partly within a county with a population of two
33 hundred thousand or less pursuant to a contract in which a member of the
34 governing body or board has a prohibited interest, where:
35 (1) the member of the governing body or board is elected or appointed
36 and serves with or without salary or other compensation;
37 (2) the purchases or public work, in the aggregate, are less than
38 [five] fifteen thousand dollars in one fiscal year and:
39 (i) the governing body or board has followed its procurement policies
40 and procedures adopted in accordance with the provisions of section one
41 hundred four-b of this chapter and the procurement process indicates
42 that the contract is with the lowest dollar offer[;], or
43 (ii) the purchases, in the aggregate, are less than fifteen thousand
44 dollars in one fiscal year, cannot be procured from another supplier
45 located within the municipality, and the next closest supplier is
46 located more than twenty-five miles driving distance from the border of
47 the municipality by way of the most direct route using public highways,
48 roads or streets; and
49 (3) the contract for the purchases or public work is approved by
50 resolution of the body or board by the affirmative vote of each member
51 of the body or board except the interested member who shall abstain.
52 § 4. Paragraph a of subdivision 2 of section 802 of the general munic-
53 ipal law, as amended by chapter 1019 of the laws of 1970, is amended to
54 read as follows:
55 a. A contract with a corporation in which a municipal officer or
56 employee has an interest by reason of stockholdings when less than five
S. 5548--A 3
1 per centum of the outstanding stock of the corporation is owned or
2 controlled directly or indirectly by such officer or employee or his or
3 her spouse either jointly or severally;
4 § 5. Section 805-a of the general municipal law, as added by chapter
5 1019 of the laws of 1970 and subdivision 1 as amended by chapter 813 of
6 the laws of 1987, is amended to read as follows:
7 § 805-a. [Certain action prohibited] Additional statewide standards of
8 ethical conduct. 1. No municipal officer or employee shall: a. directly
9 or indirectly, solicit any gift, or accept or receive any gift having a
10 value of seventy-five dollars or more, whether in the form of money,
11 service, loan, travel, entertainment, hospitality, thing or promise, or
12 in any other form, under circumstances in which it could reasonably be
13 inferred that the gift was intended to influence [him], or could reason-
14 ably be expected to influence [him, in] the performance of [his] offi-
15 cial duties or was intended as a reward for any official action [on his
16 part];
17 b. disclose confidential information acquired by him or her in the
18 course of his or her official duties or use such information to further
19 his or her personal interests;
20 c. receive, or enter into any agreement, express or implied, for
21 compensation for services to be rendered in relation to any matter
22 before any municipal agency of which he or she is an officer, member or
23 employee or of any municipal agency over which he or she has jurisdic-
24 tion or to which he or she has the power to appoint any member, officer
25 or employee; or
26 d. receive, or enter into any agreement, express or implied, for
27 compensation for services to be rendered in relation to any matter
28 before any agency of his or her municipality, whereby his or her compen-
29 sation is to be dependent or contingent upon any action by such agency
30 with respect to such matter, provided that this paragraph shall not
31 prohibit the fixing at any time of fees based upon the reasonable value
32 of the services rendered.
33 2. a. Except as provided in paragraph b of this subdivision, no munic-
34 ipal officer or employee shall participate in any official decision or
35 take any official action with respect to any matter requiring the exer-
36 cise of discretion, including participating in official discussions and
37 voting on the matter, when he or she knows or has reason to believe that
38 action or inaction on the matter will confer a financial or material
39 benefit on himself or herself, a relative, or any private organization
40 in which the municipal officer or employee is deemed to have an inter-
41 est.
42 b. This subdivision shall not be construed as prohibiting:
43 i. performance of a ministerial act, which for the purposes of this
44 section, shall mean an administrative act carried out in a prescribed
45 manner not allowing for substantial personal discretion;
46 ii. participation in any official decision or official action taken by
47 a board or similar body when paragraph a of this subdivision would
48 prohibit one or more members of the board or body from participating and
49 the remaining members of the board or body are insufficient in number or
50 lack sufficient voting strength to make such decision or take such
51 action; or
52 iii. participation in any official decision or official action taken
53 by a municipal officer or employee, individually, when the matter cannot
54 be lawfully delegated or assigned to another person.
55 c. Whenever paragraph a of this subdivision prohibits a municipal
56 officer or employee from participating in an official decision or taking
S. 5548--A 4
1 official action, such municipal officer or employee shall disclose in
2 writing to the governing board the facts and circumstances requiring
3 recusal and such disclosure shall be made a part of and set forth in the
4 official record of the proceedings of such board. Whenever the prohibi-
5 tion in paragraph a of this subdivision does not apply because of the
6 applicability of subparagraph ii or subparagraph iii of paragraph b of
7 this subdivision, the municipal officer or employee shall disclose in
8 writing to the governing board the facts and circumstances that would
9 otherwise require recusal under paragraph a of this subdivision and such
10 disclosure shall be made a part of and set forth in the official record
11 of the proceedings of such board.
12 d. For purposes of this subdivision, the term "relative" shall mean
13 any person living in the same household as the municipal officer or
14 employee and any person who is a direct descendant of that individual's
15 grandparents or the spouse of such descendant.
16 e. Compliance with this subdivision shall not constitute an exception
17 to section eight hundred one of this article, nor be construed as curing
18 a violation of that section.
19 3. a. Except as provided in paragraph b of this subdivision, no munic-
20 ipal officer or employee shall use or permit the use of municipal prop-
21 erty or resources for personal or private purposes.
22 b. This subdivision shall not be construed as prohibiting:
23 i. any use of municipal property or resources authorized by law or
24 municipal policy consistent with law;
25 ii. the use of municipal property or resources for personal or private
26 purposes when provided to a municipal officer or employee as part of his
27 or her compensation; or
28 iii. the occasional, minimal, non-business and non-partisan use of
29 municipal office equipment and supplies, such as telephones, computers,
30 copiers, paper and pens, for personal matters at no or nominal cost to
31 the municipality.
32 c. For purposes of this subdivision, "property or resources" shall
33 include, but not be limited to, money, facilities, furnishings, machin-
34 ery, apparatus, equipment, supplies and letterhead.
35 4. In addition to any penalty contained in any other provision of law,
36 any person who shall knowingly and intentionally violate this section
37 may be fined, suspended or removed from office or employment in the
38 manner provided by law.
39 § 6. The section heading of section 806 of the general municipal law,
40 as amended by chapter 1019 of the laws of 1970, is amended to read as
41 follows:
42 [Code] Municipal codes of ethics.
43 § 7. Paragraph (a) of subdivision 1 of section 806 of the general
44 municipal law, as amended by chapter 238 of the laws of 2006, is amended
45 to read as follows:
46 (a) The governing body of each county, city, town, village, school
47 district [and], fire district and improvement district governed by arti-
48 cle thirteen of the town law shall, and the governing body of any other
49 municipality may, by local law, ordinance or resolution, adopt a code of
50 ethics setting forth for the guidance of its officers and employees the
51 standards of conduct reasonably expected of them. Notwithstanding any
52 other provision of this article to the contrary, a fire district code of
53 ethics shall also apply to the volunteer members of the fire district
54 fire department. Codes of ethics shall provide standards for officers
55 and employees with respect to disclosure of interest in legislation
56 before the local governing body, holding of investments in conflict with
S. 5548--A 5
1 official duties, private employment in conflict with official duties,
2 future employment, nepotism, and such other standards relating to the
3 conduct of officers and employees as may be deemed advisable. Such codes
4 may: (i) regulate or prescribe conduct which is not expressly prohibited
5 by this article but may not authorize conduct otherwise prohibited [.
6 Such codes may provide for the prohibition of]; (ii) prohibit contracts
7 or conduct [or] that is either expressly or by implication permitted by
8 section eight hundred two or section eight hundred five-a of this arti-
9 cle; and (iii) provide for the disclosure of information and the classi-
10 fication of employees or officers. Every five years, the governing body
11 of each municipality that adopts a code of ethics shall review and, when
12 deemed necessary, update its code of ethics.
13 § 8. Subdivision 2 of section 806 of the general municipal law, as
14 amended by chapter 238 of the laws of 2006, is amended to read as
15 follows:
16 2. [The] Upon the adoption or amendment of a code of ethics by a muni-
17 cipality, the chief executive officer of [a] the municipality [adopting
18 a code of ethics] shall cause a paper or electronic copy [thereof] of
19 such code or amendment to be distributed promptly to every officer and
20 employee of his or her municipality and to the board of ethics for the
21 municipality. In addition, such chief executive officer shall cause a
22 complete and current copy of the municipality's code of ethics to be
23 posted on the municipality's website, if the municipality maintains a
24 website, and distributed (a) to every person who is elected or appointed
25 to serve as an officer or employee of the municipality promptly follow-
26 ing such person's election or appointment, and (b) to all the officers
27 and employees of the municipality at least once every five years. Every
28 municipal officer and employee receiving a copy of a code of ethics or
29 amendment thereto shall acknowledge promptly in writing that he or she
30 has received and read the code of ethics or amendment and such acknowl-
31 edgement shall be filed with the clerk or secretary of the municipality.
32 The board of fire [district] commissioners of a fire district shall also
33 cause a copy of the fire district's code of ethics, including any amend-
34 ments thereto, to be posted publicly and conspicuously in each building
35 under such district's control. Failure to distribute any such copy or
36 failure of any officer or employee to receive such copy shall have no
37 effect on the duty of compliance with such code, nor the enforcement of
38 provisions thereof.
39 § 9. Section 806 of the general municipal law is amended by adding a
40 new subdivision 3 to read as follows:
41 3. The clerk of each municipality and of each political subdivision,
42 as defined in section eight hundred ten of this article, shall maintain
43 as a record subject to public inspection:
44 (a) a copy of the municipality's or political subdivision's code of
45 ethics and any amendments to any code of ethics;
46 (b) a statement that such municipality or political subdivision has
47 established a board of ethics, in accordance with section eight hundred
48 eight of this article and/or pursuant to other law, charter, code, local
49 law, ordinance or resolution, and the names of the members of such
50 board; and
51 (c) a copy of the form of annual statement of financial disclosure
52 described in subdivision one of section eight hundred eleven of this
53 article and either a statement of the date such annual statement form
54 was promulgated by local law, ordinance or resolution of the governing
55 body, if adopted pursuant to subparagraph (i) of paragraph (a) of subdi-
56 vision one of section eight hundred eleven of this article, or a state-
S. 5548--A 6
1 ment that the governing body has, by local law, ordinance or resolution,
2 resolved to continue the use of an authorized form of annual statement
3 of financial disclosure in use on the date such local law, ordinance or
4 resolution is adopted, if adopted pursuant to subparagraph (ii) of para-
5 graph (a) of subdivision one of section eight hundred eleven of this
6 article, and if as of January first, nineteen hundred ninety-one, no
7 such form was promulgated and no such resolve was made to continue using
8 an existing annual statement form, a statement that the provisions of
9 section eight hundred twelve of this article apply or that it is a muni-
10 cipality which is not subject to the provisions of section eight hundred
11 twelve of this article because it is not a political subdivision as
12 defined in section eight hundred ten of this article.
13 § 10. Section 808 of the general municipal law, as amended by chapter
14 1019 of the laws of 1970 and subdivision 5 as amended by chapter 490 of
15 the laws of 2014, is amended to read as follows:
16 § 808. Boards of ethics. 1. [The governing body of any county may
17 establish a county board of ethics and appropriate moneys for mainte-
18 nance and personal services in connection therewith. The members of such
19 board of ethics shall be appointed by such governing body except in the
20 case of a county operating under an optional or alternative form of
21 county government or county charter, in which case the members shall be
22 appointed by the county executive or county manager, as the case may be,
23 subject to confirmation by such governing body. Such board of ethics
24 shall consist of at least three members, a majority of whom shall not be
25 officers or employees of such county or municipalities wholly or
26 partially located in such county and at least one of whom shall be an
27 elected or appointed officer or employee of the county or a municipality
28 located within such county. The members of such board shall receive no
29 salary or compensation for their services as members of such board and
30 shall serve at the pleasure of the appointing authority] (a) The govern-
31 ing body of (i) every county, (ii) every city, town and village having a
32 population of twenty-five thousand or more, and (iii) every board of
33 cooperative educational services (BOCES) shall establish a board of
34 ethics. Thereafter, the governing body shall appropriate annually such
35 moneys as may be necessary for the board's contractual and personal
36 service expenditures. Except as provided in paragraph (d) of this
37 subdivision, such board shall have jurisdiction to act only in relation
38 to the officers and employees of the county, city, town, village or
39 BOCES that established the board.
40 (b) The governing body of every municipality not described in para-
41 graph (a) of this subdivision is authorized, but not required, to estab-
42 lish a board of ethics. If such governing body establishes a board of
43 ethics, the governing body shall appropriate annually such moneys as may
44 be necessary for the board's contractual and personal service expendi-
45 tures. Such board shall have jurisdiction to act only in relation to the
46 officers and employees of the municipality that established the board.
47 (c) Two or more municipalities not described in paragraph (a) of this
48 subdivision may enter into, amend, cancel, and terminate agreements for
49 the establishment of a cooperative board of ethics. Such agreements
50 shall be consistent with the requirements of article five-G of this
51 chapter, except as otherwise provided in this section, including that
52 (i) the power to enter into such agreements shall extend to all munici-
53 palities as defined in this article, and shall not be limited to munici-
54 pal corporations and districts as defined in article five-G of this
55 chapter, and (ii) the duration of such agreements shall not be limited
56 to a maximum term of five years. Following the establishment of a coop-
S. 5548--A 7
1 erative board of ethics, the governing bodies of the municipalities that
2 are parties to the agreement establishing the board shall appropriate
3 annually such moneys as may be necessary for the board's contractual and
4 personal service expenditures, in such amounts or proportion as may be
5 provided in the agreement. A cooperative board of ethics shall be the
6 board of ethics of each municipality that is a party to the agreement
7 establishing the board, and shall have jurisdiction to act only in
8 relation to the officers or employees of such municipalities.
9 (d) In the event that a municipality described in paragraph (b) of
10 this subdivision does not establish a board of ethics and is not a party
11 to an agreement establishing a cooperative board of ethics:
12 (i) in the case of a municipality other than a school district, the
13 board of ethics of the county in which the municipality is located shall
14 serve as the board of ethics of such municipality and have jurisdiction
15 to act in relation to the officers and employees of that municipality,
16 provided that if such a municipality is located in more than one county,
17 the governing board of the municipality by resolution shall designate
18 the board of ethics of one of the counties to serve as the board of
19 ethics of the municipality;
20 (ii) in the case of a school district, other than the city school
21 district of a city having a population of one hundred twenty-five thou-
22 sand or more, the board of ethics established by the BOCES of the super-
23 visory district in which the school district is located shall serve as
24 the board of ethics of such school district and have jurisdiction to act
25 in relation to the officers and employees of such school district; and
26 (iii) in the case of a city school district of a city having a popu-
27 lation of one hundred twenty-five thousand or more, the board of ethics
28 established by the city in which the school district is located shall
29 serve as the board of ethics of such school district and have jurisdic-
30 tion to act in relation to the officers and employees of such school
31 district.
32 (e) In the case of a municipality that has not established a board of
33 ethics and is not a party to an agreement establishing a cooperative
34 board of ethics:
35 (i) The chief executive officer of the municipality, annually, within
36 thirty days following the start of the municipality's fiscal year, shall
37 notify the appropriate county, BOCES or city board of ethics that such
38 board shall serve as the board of ethics for the municipality. Such
39 notice shall be accompanied by a complete and current copy of the
40 municipality's code of ethics. At the time such notice is given, the
41 chief executive officer shall also cause a copy of the notice to be
42 posted on the municipality's website, if the municipality maintains a
43 website, and in each public building under the jurisdiction of the muni-
44 cipality in a place conspicuous to its officers and employees.
45 (ii) If officers and employees of the municipality are subject to
46 annual financial disclosure requirements imposed in accordance with this
47 article, such notice shall also be accompanied by a complete and current
48 copy of all local laws, ordinances, resolutions and regulations adopted
49 by the municipality relating to the imposition, administration and
50 enforcement of the filing requirement.
51 (iii) The governing body of the municipality, annually, within thirty
52 days following the start of the municipality's fiscal year, shall
53 appoint a municipal representative to the appropriate county, BOCES or
54 city board of ethics. The person appointed as municipal representative
55 shall be a resident of the municipality, and shall be knowledgeable with
56 respect to the municipality's code of ethics and the municipality's
S. 5548--A 8
1 annual financial disclosure requirements, if any. The municipal repre-
2 sentative shall receive notice of, and be entitled to participate, as a
3 non-voting member, in all meetings, proceedings, deliberations and other
4 activities of the board that pertain to an officer or employee of the
5 municipality. A municipal representative shall receive no salary or
6 compensation for his or her services, but within amounts appropriated
7 shall be reimbursed for actual and necessary expenses incurred in the
8 performance of his or her official duties.
9 (f) In the event that a board of ethics established by a county, BOCES
10 or city serves as the board of ethics for another municipality, and such
11 municipality shall either establish a board of ethics or become a party
12 to an agreement establishing a cooperative board of ethics, the chief
13 executive officer of the municipality shall notify the county, BOCES or
14 city board of ethics of the date as of which such board shall no longer
15 serve as the board of ethics of the municipality. Such notice shall
16 either state that the municipality has established its own board of
17 ethics or identify such cooperative board of ethics. At the time such
18 notice is given, the chief executive officer shall also cause a copy of
19 the notice to be posted on the municipality's website, if the munici-
20 pality maintains a website, and in each public building under the juris-
21 diction of the municipality in a place conspicuous to its officers and
22 employees. Promptly after the date specified in such notice, the coun-
23 ty, BOCES or city board of ethics shall transfer to the municipal or
24 cooperative board of ethics all pending matters and records relating to
25 the officers and employees of the municipality; provided, however, that
26 such county, BOCES, or city board of ethics shall have the discretion to
27 retain any pending matter and records relating thereto until such time
28 as the matter is resolved.
29 (g) Every board of ethics shall consist of at least three members, a
30 majority of whom shall not be municipal officers or employees. The
31 members of every board of ethics shall serve for a fixed term of office,
32 not to exceed five years. The length of such term of office shall be
33 determined by the municipal governing body that establishes the board of
34 ethics or specified in the agreement establishing a cooperative board of
35 ethics, provided that such governing body or agreement may provide for
36 the initial appointments to the board to be made for staggered terms.
37 Appointments to the board shall be made as follows:
38 (i) The members of a county board of ethics shall be appointed by the
39 governing body of the county except in the case of a county operating
40 under an optional or alternative form of county government or county
41 charter, in which case the members shall be appointed by the county
42 executive, county manager or county administrator, as the case may be,
43 subject to confirmation by such governing body.
44 (ii) The members of a board of ethics established by a municipality
45 other than a county shall be appointed by the governing body of the
46 municipality or by such person or body as may be designated by the
47 governing body of the municipality.
48 (iii) The members of a cooperative board of ethics shall be appointed
49 in the manner provided in the agreement establishing the board.
50 2. [The] Every board of ethics shall render advisory opinions to the
51 officers and employees [of municipalities wholly or partly within the
52 county] under the board's jurisdiction with respect to this article and
53 any code of ethics adopted pursuant hereto. Such advisory opinions shall
54 be rendered pursuant to the written request of any such officer or
55 employee under such rules and regulations as the board may prescribe
56 [and shall have the advice of counsel employed by the board, or if none,
S. 5548--A 9
1 the county attorney]. In addition, [it] the board may make recommenda-
2 tions with respect to the drafting and adoption of a code of ethics or
3 amendments thereto upon the request of the governing body of any munici-
4 pality [in the county] for which the board serves as the municipality's
5 board of ethics, and perform such other functions relating to the admin-
6 istration of this article as may be authorized by the governing body or
7 agreement establishing the board including, but not limited to, provid-
8 ing ethics training to the officers and employees under the board's
9 jurisdiction.
10 3. [The governing body of any municipality other than a county may
11 establish a local board of ethics and, where such governing body is so
12 authorized, appropriate moneys for maintenance and personal services in
13 connection therewith. A local board shall have all the powers and duties
14 of and shall be governed by the same conditions as a county board of
15 ethics, except that it shall act only with respect to officers and
16 employees of the municipality that has established such board or of its
17 agencies. The members of a local board shall be appointed by such person
18 or body as may be designated by the governing body of the municipality
19 to serve at the pleasure of the appointing authority and such board
20 shall consist of at least three members, a majority of whom are not
21 otherwise officers or employees of such municipality. Such board shall
22 include at least one member who is an elected or appointed municipal
23 officer or employee.
24 4. The county board of ethics shall not act with respect to the offi-
25 cers and employees of any municipality located within such county or
26 agency thereof, where such municipality has established its own board of
27 ethics, except that the local board may at its option refer matters to
28 the county board.
29 5.] A board of ethics shall have the advice of counsel employed by the
30 board or, if none, the attorney for the municipality that established
31 the board or, in the case of a cooperative board of ethics, such munici-
32 pal attorney as may be designated in the agreement establishing the
33 cooperative board of ethics.
34 4. The board of ethics of a political subdivision (as defined in
35 section eight hundred ten of this article) and the board of ethics of
36 any other municipality[,] which [is required by local law, ordinance or
37 resolution to be, or which pursuant to legal authority, in practice is,
38 the repository for completed annual statements of financial disclosure
39 shall file a statement with the clerk of its municipality, that it is
40 the authorized repository for completed annual statements of financial
41 disclosure] requires filing of annual statements of financial disclosure
42 pursuant to this article, shall receive, review for completeness, and
43 serve as repository for such annual statements and enforce such filing
44 requirement.
45 5. Each member of every board of ethics shall attend and successfully
46 complete a training course the contents of which shall be approved by
47 the state comptroller within two hundred seventy days of his or her
48 appointment or reappointment to the board; provided, however, that noth-
49 ing in this subdivision shall be deemed to require a member of a board
50 of ethics to successfully complete such training course more than once.
51 The course shall contain training related to the provisions of this
52 article, codes of ethics, annual financial disclosure and decisional law
53 relating to conflicts of interest and ethics and such other topics as
54 the comptroller deems advisable. When approved in advance of attendance
55 by the governing body of the municipality establishing the board or in
56 the manner provided in an agreement establishing a cooperative board of
S. 5548--A 10
1 ethics, the actual and necessary expenses incurred by a board member in
2 successfully completing the training required by this section shall be a
3 charge against the municipality or the municipalities participating in
4 the cooperative board of ethics as provided in such agreement.
5 6. The provisions of this section shall not apply to a city having a
6 population of one million or more or to a county, school district, or
7 other public agency or facility therein.
8 § 11. Subdivision 9 of section 810 of the general municipal law, as
9 amended by chapter 490 of the laws of 2014, is amended to read as
10 follows:
11 9. The term "appropriate body" or "appropriate bodies" shall mean the
12 board of ethics [for the] of any political subdivision or municipality.
13 § 12. Section 13 of chapter 946 of the laws of 1964, amending the
14 general municipal law and other laws relating to conflicts of interest
15 of municipal officers and employees, is amended to read as follows:
16 § 13. Laws superseded. The provisions of article [eighteen] 18 of the
17 general municipal law, as added by this act, shall supersede any local
18 law, charter, ordinance, resolution, rule or regulation of any munici-
19 pality to the extent that such local law, charter, ordinance, resol-
20 ution, rule or regulation is inconsistent with the provisions thereof.
21 No local law, ordinance, resolution, rule or regulation shall modify or
22 dispense with any provision of article [eighteen] 18 of the general
23 municipal law, as added by this act; provided, however, that nothing
24 [herein] contained in this section shall prohibit a code of ethics
25 adopted pursuant thereto from supplementing the provisions of this act
26 or from being more stringent than article 18 of the general municipal
27 law.
28 § 13. Notwithstanding any general, special or local law to the contra-
29 ry, the governing body of any municipality which has prior to the effec-
30 tive date of this act: (a) established a board of ethics pursuant to
31 section 808 of the general municipal law; and (b) not established a term
32 of office for the members of such board; such governing body shall
33 establish terms of office for the members of such board pursuant to
34 paragraph (g) of subdivision 1 of section 808 of the general municipal
35 law as added by section ten of this act to begin on a date no later than
36 the first day of the municipality's fiscal year commencing in 2018 and
37 on such date the positions on such board of ethics shall be deemed
38 vacant, provided that nothing in this section shall be construed to
39 prohibit the reappointment of an incumbent board member for such term of
40 office.
41 § 14. Notwithstanding any general, special or local law to the contra-
42 ry, any person serving as a member of a board of ethics established
43 pursuant to section 808 of the general municipal law on the effective
44 date of this act shall successfully complete the training course
45 required by subdivision 5 of section 808 of such law as added by section
46 ten of this act within one year of the effective date of this act.
47 § 15. This act shall take effect on the first of January next succeed-
48 ing the date on which it shall have become a law; provided, however,
49 that paragraph (d) of subdivision 1 of section 808 of the general munic-
50 ipal law, as added by section ten of this act, shall take effect 1 year
51 after such date.
