As used in this article, the following terms
shall have the meaning indicated:
ELECTED OFFICIAL
An elected official of the City of Glen Cove, except the
judiciary.
RELATIVE
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.
SPOUSE
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:
A.
A judicial order, decree or judgment; or
B.
A legally binding separation agreement.
UNEMANCIPATED CHILD
Any son, daughter, stepson or stepdaughter under the age
of 18, unmarried and living in the household of the reporting individual.
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:
The Board of Ethics shall continue and shall
have and exercise such additional powers and duties as are set forth
below:
A. Make available forms of annual statement of financial
disclosure required to be filed pursuant to this article.
B. Review completed financial disclosure statements in
accordance with the provisions of this article.
C. Receive complaints alleging a violation of the provision
of this article or a violation of the criteria for reporting requirements
established by this article.
D. 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.
E. 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.
F. 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.
G. 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:
(1) 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.
(3) Notices of reasonable cause.
(4) Notices of civil assessments imposed under this section.
H. 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.
I. 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.
J. 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.
(1) 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.
(2) If the Board determines that a violation has occurred,
it shall send a notice of reasonable cause:
(a)
To the reporting individual.
(b)
To the complainant if any.
K. 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.
L. 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.
M. In addition to any other powers and duties specified
by law, the Board of Ethics shall have the further power and duty
to:
(1) Administer and enforce all the provisions of this
section.
(2) 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.