When used in this Part 1, the following terms shall have the
meanings indicated:
AGENCY
A department, division, bureau, board, commission, advisory
committee, office or other agency of County government.
AGENCY SERVED BY A PUBLIC OFFICIAL
A.
In the case of a County employee, the agency employing such
employee; or
B.
In the case of other public servants, the agency which exercises
control of the public servant or the agency to whom the public servant
reports.
APPEAR
To make any communication, for compensation, other than those
involving ministerial matters.
ASSOCIATED
A person or firm associated with a public servant includes
a spouse, domestic partner, child, parent or sibling; a person with
whom the public servant has a business or other financial interest;
and each firm in which the public servant has an interest.
BOARD
The Board of Ethics.
BUSINESS DEALINGS WITH THE COUNTY
Any transaction with the County involving the sale, purchase,
rental, disposition or exchange of any goods, services, or property,
or any license, grant or benefit, and any performance with respect
to any of the foregoing, but shall not include any transaction involving
the public servant's residence or any ministerial matter.
COUNTY
The County of Suffolk or any agency of the County of Suffolk.
COUNTY EMPLOYEE
All elected officials and public servants who are employed
by the County and compensated for their services, but shall not include
members of occupational licensing boards.
ELECTED OFFICIAL
A person holding office as County Executive, District Attorney,
Clerk, Comptroller, Sheriff or member of the County Legislature.
[Amended 6-17-2014 by L.L. No. 32-2014]
FIRM
A sole proprietorship, joint venture, partnership, corporation
or any other form of business enterprise.
INTEREST
A financial interest in a firm or a position with a firm
held by a public servant, the public servant's spouse, domestic partner
or unemancipated child.
LOBBYIST
A person or firm registered as a lobbyist with the County of Suffolk pursuant to Chapter
580 of the Suffolk County Code or any successor statute thereto.
MEMBER
A member of the Board of Ethics.
MINISTERIAL MATTER
An administrative act, including the issuance of a license,
permit or other permission of the County, which is carried out in
a prescribed manner and which does not involve substantial personal
discretion.
OWNERSHIP INTEREST
An interest in a firm held by a public servant, or the public
servant's spouse, domestic partner or unemancipated child, which exceeds
5% of the firm or an investment of $25,000 in cash or other form of
commitment, whichever is less, and any lesser interest in a firm when
the public servant, or the public servant's spouse, domestic partner
or unemancipated child, is an officer of the firm or exercises managerial
control or responsibility regarding such firm, but shall not include
interests held in any pension plan, deferred compensation plan or
mutual fund, the investments of which are not controlled by the public
servant, the public servant's spouse, domestic partner or unemancipated
child.
PARTICULAR MATTER
Any case, proceeding, application, request for a ruling or
benefit, determination, contract, investigation, charge, accusation,
arrest or similar action which involves a specific party or parties.
POLITICAL PARTY OFFICER
A chairperson of any County political party committee elected
pursuant to § 2-112 of New York Election Law or the chairperson
of any duly constituted Town political party committee.
POSITION
A position in a firm, such as an officer, director, trustee
or employee, or any management position, or as an attorney, agent,
broker or consultant to the firm, which does not constitute an ownership
interest in the firm.
PUBLIC SERVANT
All officials, officers and employees of the County, whether
paid or unpaid.
SPOUSE
A husband or wife of a public servant who is not legally
separated from such public servant.
SUPERVISOR
Any person having the authority to control or direct the
work of a public servant.
UNEMANCIPATED CHILD
Any son, daughter, stepson or stepdaughter who is under the
age of 18, unmarried and living in the household of the public servant.
This article shall not prohibit:
A. An elected official from appearing without compensation before any
County agency on behalf of constituents in the performance of his
or her public duties and responsibilities.
B. A public servant from accepting or receiving any County benefit which
is provided for or made available to residents generally, or a substantial
class of residents to which the public servant belongs.
C. An elected official from proposing or voting on a measure that will
provide a benefit to the elected official, if the benefit will be
available to County residents generally or to a substantial class
of residents to which the public servant belongs.
D. A public servant or public servant's spouse from acting as an attorney,
agent, broker, officer, director or consultant for any not-for-profit
corporation or other entity which operates on a not-for-profit basis,
which has business dealings with the County, provided that such public
servant takes no direct or indirect part in such business dealings
and that the public servant receives no salary or other compensation
for such activities.
E. A contract between the County and a public servant for instructing
approved emergency medical services training service programs.
F. A contract between the County and a public servant for the purpose
of providing a foster home for a child under the care of the Suffolk
County Department of Social Services, unless the public servant's
official responsibilities include approving, authorizing or auditing
foster care payments.
G. An elected official from accepting an invitation to, and attending
and participating in, an event sponsored by a community group or organization.
Notwithstanding any other provision of law to the contrary,
the following public servants and persons shall file with the Board
the approved disclosure statement by May 15 of each year, unless a
different date is provided below, answering each and every question
contained in the statement:
A. Elected officials and chairpersons of County political party committees.
B. Each person, who is not otherwise required to file a financial disclosure
statement pursuant to this article, who has declared his or her intention
to seek nomination or election and who has filed a petition for the
Office of County Executive, District Attorney, Comptroller, Clerk,
Sheriff or County Legislature, shall file such statement on or before
the last day for filing his or her designating petitions.
[Amended 6-17-2014 by L.L. No. 32-2014]
C. Each person, who is not otherwise required to file a financial disclosure
statement pursuant to this article, who has been designated to fill
a vacancy in a designation or nomination for the Office of County
Executive, District Attorney, Comptroller, Clerk, Sheriff or County
Legislature, shall file such statement within 15 days after a certificate
designating such person to fill such vacancy is filed with the Board
of Elections.
[Amended 6-17-2014 by L.L. No. 32-2014]
D. Each department head, chief deputy department head and deputy department
head.
E. Each employee of the County Executive's Office and the County Legislature
whose responsibilities include the independent exercise of managerial
or policymaking functions, as annually determined by the appointing
authority, subject to review by the Board.
F. Each County employee, other than an employee of the County Executive's
Office and the County Legislature, who holds a policymaking position
as annually determined by the head of his or her agency, subject to
review by the Board.
G. Each County employee whose duties at any time during the preceding
calendar year involved the negotiation, authorization or approval
of leases, franchises, revocable consents, concessions, real estate
licenses and contracts, including those involving the sale, rental,
or lease of real property.
H. Members appointed to the Suffolk County Planning Commission, the
Board of the Suffolk County Off-Track Betting Corporation, the Suffolk
County Industrial Development Agency, the Suffolk County Water Authority,
and the Board of Trustees of the Department of Parks, Recreation and
Conservation.
The Board or its staff will review each financial disclosure
statement filed with it to determine if there has been compliance
with this article governing financial disclosure.
Statements filed pursuant to this article and other records
of the Board shall be retained and disposed of in accordance with
the Records Retention and Disposal Schedule issued pursuant to Article
57-A of the New York Arts and Cultural Affairs Law.