[Adopted 1-8-1991 as Ch. 4, Art. IV of the 1981 Code]026a Annual Statement of Financial Dis
As used in this article, the following terms shall have the meaning indicated:
- Glen Cove.
- ELECTED OFFICIAL
- An elected official of the City of Glen Cove, except the judiciary.
- The spouse, child, stepchild, stepparent or any person who is a direct descendant of the grandparents of the reporting individual or of the reporting individual's spouse.
- REPORTING INDIVIDUAL
- The person required by this article to file an annual financial disclosure statement.
- The husband or wife of the reporting individual unless living separate and apart from the reporting individual with the intention of terminating the marriage or providing for permanent separation or unless separated pursuant to:
- UNEMANCIPATED CHILD
- Any son, daughter, stepson or stepdaughter under the age of 18, unmarried and living in the household of the reporting individual.
Every elected official and every candidate for City elected official shall file an annual statement of financial disclosure containing such information and in such form as established in Subsection F of this section. Such statement shall be filed on or before the 15th day of May with respect to the preceding calendar year, except that:
Candidates for City elected official who file designating petitions for nomination at a primary election shall file a financial disclosure statement seven days after the last day allowed by law for the filing of designating petitions naming said candidates for the next succeeding primary election.
Candidates for independent nomination for City elected official who have not been designated by a party to receive a nomination shall file a financial disclosure statement within seven days after the last day allowed by law for the filing of individual nominating petitions naming said candidates as candidates for City elected official in the next succeeding general or special election.
Candidates for City elected official who receive the nomination of a party for a special election shall file a financial disclosure statement within seven days after the date of the meeting of the party committee at which they are nominated.
As used in this subsection, the terms "party," "committee" (when used in conjunction with the term "party"), "designation," "primary," "primary election," "nomination," "independent nomination," "ballot" and "uncontested office" shall have the same meanings as those contained in § 1-104 of the Election Law.
Each financial disclosure statement shall be filed with the Glen Cove Board of Ethics, the repository for such statements.
The Glen Cove Board of Ethics shall obtain from the Nassau County Board of Elections lists of all candidates for City elected official, and from such lists shall determine and publish lists of those candidates who have not, within 10 days after the required date for filing a financial disclosure statement, filed the statement required by this subsection.
Any person appointed to fill an unexpired term of an elected official shall file such statement within 30 days after taking the position.
The annual statement of financial disclosure, as provided in § 26-14F, shall be completed and filed with the Glen Cove Board of Ethics on or before May 15 of each year, pursuant to rules and regulations to be promulgated by such Board of Ethics, and such financial disclosure statement shall be filed by the following:
City elected officials.
A reporting individual who knowingly and willfully fails to file an annual statement of financial disclosure 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 filed pursuant to this law shall be assessed a civil penalty in an amount not to exceed $10,000. Assessment of a civil penalty shall be made by the Board of Ethics with respect to persons subject to its jurisdiction. The Board of Ethics acting pursuant to the law may impose a civil penalty as aforesaid and said Board shall refer a violation to the appropriate prosecutor and upon such conviction, but only after such referral, such violation shall be punishable as a Class A misdemeanor.
A civil penalty for false filing may not be imposed hereunder in the event that a category of value or amount reported upon as required by this law is incorrect unless such reported information is falsely understated. Notwithstanding any other provision of law to the contrary, no other penalty, civil or criminal, may be imposed for a failure to file or for a false filing of such statement of financial disclosure, except that disciplinary action may be imposed as otherwise provided by law.
The Board of Ethics shall be deemed to be an agency within the meaning of Article 3 of the State Administrative Procedure Act and shall adopt rules governing the conduct of adjudicatory proceedings and appeals relating to the assessment of the civil penalties herein authorized. Such rules, which shall not be subject to the approval requirements of the State Administrative Procedure Act, shall provide for due process procedural mechanisms substantially similar to those set forth in such Article 3 but such mechanisms need not be identical in terms of scope.
Assessment of a civil penalty shall be final unless modified, suspended or vacated within 30 days of imposition, and upon becoming final shall be subject to review at the instance of the affected reporting individual in proceeding against the Board of Ethics pursuant to Article 78 of the Civil Practice Law and Rules.
The Board of Ethics shall continue and shall have and exercise such additional powers and duties as are set forth below:
Make available forms of annual statement of financial disclosure required to be filed pursuant to this article.
Review completed financial disclosure statements in accordance with the provisions of this article.
Receive complaints alleging a violation of the provision of this article or a violation of the criteria for reporting requirements established by this article.
Permit any person required to file a financial disclosure statement to request said Board to delete from the copy thereof made available for public inspection one or more items of information, which may be deleted by said Board upon a finding, by a majority of the total number of members of said Board without vacancy, that the information which would otherwise be required to be disclosed will have no material bearing on the discharge of the reporting person's official duties. If such request for deletion is denied, said Board in its notification of denial shall inform the person of the right to appeal said Board's determination pursuant to its rules governing adjudicatory proceedings and appeals. Said Board shall promulgate rules and regulations governing the issuance of written decisions in connection with appeals.
Permit any person required to file a financial disclosure statement to request an exemption from any requirement to report one or more items of information which pertain to such person's spouse or unemancipated children which item or items may be exempted by the Board finding, by a majority of the total number of members of said Board without vacancy, that the reporting individual's spouse, on such spouse's behalf, or on behalf of an unemancipated child, objects to providing the information necessary to make such disclosure and that the information which would otherwise be required to be reported will have no material bearing on the discharge of the reporting individual's official duties. If such request of exemption is denied, said Board, in its notification of denial, shall inform the person of his or her right to appeal said Board's determination pursuant to its rules governing adjudicatory proceedings and appeals. Said Board shall promulgate rules and regulations governing the issuance of written decisions.
Act as a repository for or provide by rules and regulations for the filing and retention of completed financial disclosure forms required by this article.
Notwithstanding the provisions of Article 6 of the Public Officers Law, the only records of the Board which shall be available for public inspection are:
The information set forth in an annual statement of financial disclosure filed pursuant to law, except the categories of value or amount which shall remain confidential and any other item of information deleted pursuant to Subsection D of this section, as the case may be.
Notices of delinquency.
Notices of reasonable cause.
Notices of civil assessments imposed under this section.
Notwithstanding the provisions of Article 7 of the Public Officers Law, no meeting or proceeding of the Board of Ethics shall be open to the public, except if expressly provided otherwise by said Board.
Said Board shall inspect all financial disclosure statements filed with said Board to ascertain whether any person subject to the reporting requirements has failed to file such a statement, has filed a deficient statement or has filed a statement which reveals a possible violation of this section.
If an individual required to file a financial disclosure statement with the Board of Ethics has failed to file a financial disclosure statement or has filed a deficient statement, said Board shall notify the reporting person in writing, state the failure to file or detail the deficiency, provide the person with a fifteen-day period to cure the deficiency and advise the person of the penalties for failure to comply with the reporting requirements. Such notice shall be confidential. If the person fails to make such filing or fails to cure the deficiency within the specified time period, said Board shall send a notice of delinquency to the reporting individual.
If a reporting individual has filed a statement which reveals a possible violation of this section, or said Board receives a sworn complaint alleging such a violation, or if said Board determines on its own initiative to investigate a possible violation, said Board shall notify the reporting individual in writing, describe the possible or alleged violation of such law, and provide the person with a fifteen-day period in which to submit a written response setting forth information relating to the activities cited as a possible or alleged violation of law. If said Board thereafter makes a determination that further inquiry is justified, it shall give the reporting individual a copy of its rules regarding the conduct of adjudicatory proceedings and appeals and the due process procedural mechanisms available to such individual. If said Board determines at any state of the proceeding that there is no violation or that any potential violation has been rectified, it shall so advise the reporting individual and the complainant, if any. All of the foregoing proceedings shall be confidential.
A copy of any notice of delinquency or notice of reasonable cause shall be included in the reporting individual's file and be available for public inspection.
Upon written request from any person who is subject to the jurisdiction of the Board of Ethics, said Board shall render advisory opinions on the requirements of said provisions. An opinion rendered by the Board in any subsequent proceeding concerning the person who requested the opinion and who acted in good faith, unless material facts were omitted or misstated by the person in the request for an opinion. Such opinion may also be relied upon by such person and may be introduced and shall be a defense in any criminal or civil action. Such requests shall be confidential, but the Board may publish such opinions provided that the name of the requesting individual and other identifying details shall not be included in the publication.
In addition to any other powers and duties specified by law, the Board of Ethics shall have the further power and duty to:
Administer and enforce all the provisions of this section.
Conduct any investigation necessary to carry out the provisions of this section. Pursuant to this power and duty, the Board may administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production of any books or records which it may deem relevant or material.