[Adopted 1-8-1991 as Ch. 4, Art.
IV of the 1981 Code]
As used in this article, the following terms
shall have the meaning indicated:
Glen Cove.
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.
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:
Any son, daughter, stepson or stepdaughter under the age
of 18, unmarried and living in the household of the reporting individual.
A.
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:
(1)
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.
(2)
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.
(3)
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.
B.
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.
C.
Each financial disclosure statement shall be filed
with the Glen Cove Board of Ethics, the repository for such statements.
D.
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.
E.
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:
A.
City elected officials.
A.
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.
B.
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.
C.
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.
D.
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:
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.
(2)
Notices of delinquency.
(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.
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.
