[HISTORY: Adopted by the Common Council of the City of Albany 1-5-1989.
Amendments noted where applicable.]
This chapter shall be known as the "City of Albany Financial Disclosure
Ordinance."
The purpose of this chapter is to comply with § 806 of the
General Municipal Law of the State of New York and to provide guidelines and
criteria for financial disclosure for those persons to whom this chapter is
applicable.
It is hereby declared the policy of the City of Albany:
A.
To recognize that the citizens of the City of Albany
are entitled to a high standard of conduct from their public servants.
B.
To provide to the citizens of the City of Albany a City
government that is administered free from any conflicts of interest by an
employee which affect the integrity of City government.
C.
To discourage conflicts of interest and the appearance
of impropriety.
D.
To instill in the public a sense of confidence, integrity
and impartiality in its public servants.
For the purpose of this chapter, the following definitions shall apply:
The Albany City Clerk.
The Committee on Ethical Standards and Conduct of Officers and Employees
of the City of Albany.
The Mayor, Comptroller, Treasurer, Common Council President and members,
Corporation Counsel, Budget Director and all department heads and deputies.
Any legal or equitable interest, whether or not subject to an encumbrance
or condition, which was owned or held in whole or in part, jointly or severally,
directly or indirectly, at any time during the preceding 12 months for which
a required statement is to be filed pursuant to this chapter. It shall include,
but not be limited to, any information required in the verified statement
of public disclosure.
The statement and contents therein as set forth in § 54-5 of this chapter, which is required to be filed pursuant to this chapter.
[Amended 12-17-2001 by Ord. No. 37.91.00[1]]
The financial disclosure statement shall be as follows:
CITY OF ALBANY-ANNUAL STATEMENT OF
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FINANCIAL DISCLOSURE
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FOR CALENDAR YEAR
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NAME
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HOME ADDRESS
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TITLE OF POSITION
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DEPARTMENT/AGENCY
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BUDGET CODE
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MARITAL OR DOMESTIC PARTNER STATUS
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SPOUSE'S OR DOMESTIC PARTNER'S FULL NAME
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NAMES OF UNEMANCIPATED CHILDREN
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The following chart will be used for the completion of the disclosure
form:
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MONETARY CATEGORIES
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A. UNDER $10,000
B. $10,001 TO $50,000
C. Over $50,000
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1.
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PRIMARY SOURCE OF INCOME
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Name of employer
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Address of employer
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Salary range (letter only)
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1A.
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OPTIONAL SPOUSE OR DOMESTIC PARTNER INFORMATION
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Name of employer
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Address of employer
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Salary range (letter only)
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2.
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ADDITIONAL SOURCES OF EMPLOYMENT INCOME IN AMOUNTS OVER $10,001.
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Name of employer
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Address of employer
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Salary range (letter only)
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2A.
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OPTIONAL SPOUSE OR DOMESTIC PARTNER INFORMATION
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Name of employer
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Address of employer
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Salary range (letter only)
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3.
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ALL INTEREST AND DIVIDEND INCOME
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List all sources of income
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List annual amount after each source (letter only)
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Interest income: names and addresses of bank/financial institutions
where accounts are registered
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3A.
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OPTIONAL SPOUSE OR DOMESTIC PARTNER INFORMATION
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List all sources of income
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List annual amount after each source (letter only)
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Interest income: names and addresses of banks/financial institutions
where accounts are registered
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4.
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REAL ESTATE HOLDINGS
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Address of properties (street number, City, state-other specific information)
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Estimated value of ALL real estate holdings (letter only)
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4A.
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OPTIONAL SPOUSE OR DOMESTIC PARTNER INFORMATION
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Address of properties (street number, City, state-other specific information)
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Estimated value of ALL real estate holdings (letter only)
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5.
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DEBTS AND/OR LIABILITIES
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List all debts and/or liabilities in excess of $10,001. (DO NOT list
moneys for the following: matrimonial action, credit card charges, educational
loans, home mortgages/home improvement loans, home equity loans, auto loans,
recreational vehicle loans, furniture or appliance loans.)
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Name of creditor and type of liability
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5A.
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OPTIONAL SPOUSE OR DOMESTIC PARTNER INFORMATION
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List all debts and/or liabilities in excess of $10,001. (DO NOT list
moneys for the following: matrimonial action, credit card charges, educational
loans, home mortgages/home improvement loans, home equity loans, auto loans,
recreational vehicle loans, furniture or appliance loans.)
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Name of creditor and type of liability
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6.
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OFFICES OR POSITIONS HELD
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List any office, trusteeship, directorship or position of ANY nature,
whether compensated or uncompensated, held by you with ANY firm, corporation,
association, partnership or other organization who or which is known by you
to do or have any matter pending with, or be licensed or regulated by, any
City of Albany department, agency, authority or commission.
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Position held
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Name of firm, organization, corporation, etc.
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6A.
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OPTIONAL SPOUSE OR DOMESTIC PARTNER INFORMATION
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List any office, trusteeship, directorship or position of ANY nature,
whether compensated or uncompensated, held by you with ANY firm, corporation,
association, partnership or other organization who or which is known by you
to do or have any matter pending with, or be licensed or regulated by, any
City of Albany department, agency, authority or commission.
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Position held
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Name of firm, organization, corporation, etc.
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7.
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CONFLICT OF INTEREST DISCLAIMER
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To recognize that the citizens of the City of Albany are entitled to
a high standard of conduct from their public servants and to provide to the
citizens of the City of Albany a City government that is administered free
from any conflicts of interest by an employee which affect the integrity of
City government and to discourage conflicts of interest and the appearance
of impropriety and to instill in the public a sense of confidence, integrity
and impartiality in its public servants, I affix my signature as evidence
of this declaration.
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Signature
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Date
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7A.
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OPTIONAL SPOUSE OR DOMESTIC PARTNER DECLARATION
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Signature
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Date
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[1]
Editor's Note: This ordinance provided that it take effect 1-1-2003.
Each and every employee set forth in § 54-4 shall file a financial disclosure statement.
The Committee on Ethical Standards and Conduct of Officers and Employees
of the City of Albany shall be the authorized repository for completed annual
statements of financial disclosure.
Completed annual statements of financial disclosure shall be filed at
the City Clerk's office. The City Clerk shall forward all statements to the
Committee.
A.
The completed financial disclosure statement shall be
filed on or before the 15th day of May with respect to the preceding calendar
year.
B.
Extension of time to file may be granted by the Committee
due to justifiable cause or undue hardship. The Committee shall prescribe
rules and regulations related to such exceptions with respect to extensions
and additional periods of time within which to file such statements, including
the imposition of a time limitation upon such extensions.
The Committee shall have the authority to promulgate rules and regulations
necessary to carry out the purposes of this chapter.
A reporting employee who knowingly and willfully fails to file an annual
statement or who knowingly and willfully with intent to deceive makes a false
statement or gives information which such individual knows to be false on
such statement of financial disclosure shall be assessed a civil penalty in
an amount not to exceed $500. Assessment of a civil penalty hereunder shall
be made by the Committee. The Committee may adopt rules governing the conduct
of adjudicatory proceedings relating to the assessment of the civil penalty
herein authorized. The rules shall provide for due process procedural mechanisms.
Every financial disclosure statement, except for amounts or value, shall
be available for public inspection pursuant to the provisions of the Freedom
of Information Law (Public Officers Law, Articles 6 and 6-A).
If any section of this chapter or the application thereof to any person
or circumstance shall be adjudged invalid by a court of competent jurisdiction,
such order or judgment shall be confined in its operation to the controversy
in which it was rendered and shall not affect or invalidate the remainder
of any provision of any section or the application of any part thereof to
any other person or circumstances, and, to this end, the provisions of each
section of this chapter are hereby declared to be severable.
This chapter shall take effect January 1, 1990. The form may be used
at the option of each employee for the calendar year of 1989.
The enactment of this chapter is determined to be a Type II action having
no adverse impact upon the environment.