[HISTORY: Adopted by the Albany County Legislature 12-15-2011 by L.L. No. 8-2011. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Code of
Ethics and Financial Disclosure Law of the County of Albany."
The purposes of this chapter are:
A.
To establish high standards of ethical conduct for officers and employees
of the County;
B.
To afford officers and employees of the County clear guidance on
such standards;
C.
To promote the integrity of the governance and administration of
the County and its agencies and administrative offices, and public
confidence in the same, by requiring members, officials and employees
of the County, whether elected or appointed, paid or unpaid, to be
independent, impartial and free from conflicts of interest in fulfilling
their public responsibilities;
D.
To facilitate consideration of potential ethical problems before
they arise, minimize unwarranted suspicion, and enhance the accountability
of government to the people by requiring public disclosure of financial
interests that may influence or be perceived to influence the actions
of County officers and employees; and
E.
To provide for the fair and effective administration of this chapter.
Unless otherwise stated or unless the context otherwise requires,
when used in this chapter the following terms shall have the meanings
indicated:
A County officer or employee has the power or duty to individually,
or as a member of the County Legislature or a board of the County:
Negotiate, draft, authorize or approve a contract or agreement
as between the County and a person engaged in business dealings with
the County;
Authorize or approve payment to a person engaged in business
dealings with the County under such contract or agreement with the
County;
Audit bills or claims under such contract or agreement with
the County; or
Appoint an officer or employee who has any of the powers or
duties set forth above.
The sum of one plus the inflation factor.
Communicating in any form, including, without limitation,
personally, through another person, by letter, by telephone or by
electronic correspondence.
A commercial enterprise carried on for profit.
Any transaction with the County involving the sale, purchase,
rental, disposition or exchange of any goods, services or property,
any license, permit, grant or benefit, and any performance of or litigation
with respect to any of the foregoing, but shall not include any ministerial
act.
A contract or agreement with another person whereby one party
to the dealing would receive services or goods in exchange for the
payment from the other of a sum, fee, charge or commission.
Any person who, in an attempt to hold an elective position in the County Legislature or one of the Countywide elective offices set forth in Article 8 of the County Law:
Receives the nomination of a political party;
Files a designating petition for nomination at a primary election;
Seeks independent nomination and who obtains the requisite number
of signatures on an independent nominating petition as required by
Election Law § 6-142(2); or
Receives the designation of a committee to fill vacancies pursuant
to Election Law §§ 6-148 and 6-152.
The terms "party," "designation," "primary election," "nomination"
and "independent nomination" as used in this chapter shall have the
same meanings as those contained in New York Election Law § 1-104
and New York Election Law § 6-140.
Any data acquired through the course of employment or public
office with the County of Albany that is protected from disclosure
by law.
Include an artificial person or being, endowed by law with
the capacity of perpetual succession, and shall include corporations
organized as public, private, charitable, civil, domestic, foreign,
close, open, municipal and not-for-profit institutions.
The County of Albany, but shall not include the County Court.
Any officer or employee of the County, whether paid or unpaid,
and includes, without limitation, all members of any office, board,
body, advisory board, council, commission, agency, department, district,
administration, division, bureau or committee of the County. "County
officer or employee" shall not include:
A judge, justice, officer or employee of the unified court system;
or
A member of an advisory board of the County if, but only if,
the advisory board has no authority to implement its recommendations
or to act on behalf of the County, or to restrict the authority of
the County to act. No entity established pursuant to the General Municipal
Law of the State of New York shall be deemed an advisory board for
purposes of this subsection.
Any person or entity to which a County officer or employee has
supplied goods or services during the previous 24 months, having,
in the aggregate, a value greater than $1,250; or
Any person or entity to which the outside employer or business
of a County officer or employee has supplied goods or services during
the previous 24 months, having, in the aggregate, a value greater
than $1,250, but only if the County officer or employee knows or has
reason to know that his/her outside employer or business supplied
such goods or services.
Any person who controls and directs a worker under an express
or implied contract of hire.
The Ethics Commission of the County of Albany established
pursuant to this chapter.
Anything of more than $15 in value given to a County officer or employee in the aggregate on an annual basis in any form, including, but not limited to, money, service, loan, travel, lodging, means, refreshments, entertainment, discount, forbearance or promise, having a monetary value. The gift value provided for in this subsection shall be adjusted by the Ethics Commission in the manner provided for in § 17-17F of this chapter and shall be referred to as the "allowable gift value limit." The "allowable gift value limit" shall never exceed $75.
The following are excluded from the definition of a gift:
Complimentary attendance, including food and beverage, at bona
fide charitable or political events;
Complimentary attendance, food and beverage offered by the sponsor
of a widely attended event. The term "widely attended event" shall
mean an event:
Which at least 25 individuals other than officers or employees
of the County attend or were, in good faith, invited to attend; and
Which is related to the attendee's duties or responsibilities
or which allows the County officer or employee to perform a ceremonial
function appropriate to his/her position. For the purposes of this
exclusion, a County officer or employee's duties or responsibilities
shall include but not be limited to either:
Attending an event or a meeting at which a speaker or attendee
addresses an issue of public interest or concern as a significant
activity at such event or meeting; or
For elected County officials, or their staff attending with
or on behalf of such elected officials, attending an event or a meeting
at which more than 1/2 of the attendees, or persons invited in good
faith to attend, are residents of the County;
Awards, plaques and other ceremonial items which are publicly
presented, or intended to be publicly presented, in recognition of
public service, provided that the item or items are of the type customarily
bestowed at such or similar ceremonies and are otherwise reasonable
under the circumstances, and further provided that the functionality
of such items shall not determine whether such items are permitted
under this subsection;
An honorary degree bestowed upon an officer or employee by a
public or private college or university;
Promotional items having no substantial resale value such as
pens, mugs, calendars, hats and T-shirts which bear an organization's
name, logo or message in a manner which promotes the organization's
cause;
Goods and services, or discounts for goods and services, offered
to the general public or a segment of the general public defined on
a basis other than status as an officer or employee and offered on
the same terms and conditions as the goods or services are offered
to the general public or segment thereof;
Gifts from a relative, member of the same household or person
with a personal relationship with the County officer or employee,
including invitations to attend personal or family social events,
when the circumstances establish that it is the family, household
or personal relationship that is the primary motivating factor.
In determining motivation, the following factors shall be among
those considered:
The history and nature of the relationship between the donor
and the recipient, including whether or not items have previously
been exchanged;
Whether the item was purchased by the donor; and
Whether or not the donor at the same time gave similar items
to other County officers or employees.
The transfer shall not be considered to be motivated by a family,
household or personal relationship if the donor seeks to charge or
deduct the value of such item as a business expense or seeks reimbursement
from a client;
Contributions reportable under Article 14 of the Election Law, including contributions made in violation of that article of the Election Law;
Payment for meals for an attendee, panelist or speaker at an
informational event or informational meeting when such payment is
made by a governmental entity or by an in-state accredited public
or private institution of higher education that hosts the event on
its campus;
Provision of local transportation to inspect or tour facilities,
operations or property located in Albany County; provided, however,
that such inspection or tour is related to the individual's official
duties or responsibilities and that payment or reimbursement for expenses
for lodging, meals or travel expenses to and from the locality where
such facilities, operations or property are located shall be considered
to be gifts unless otherwise permitted under this chapter;
Meals or refreshments when participating in a professional or
educational program and the meals or refreshments are provided to
all participants; and
Food and beverages valued at $35 or less in the aggregate on
an annual basis.
Any elected County office, any Commissioner or Deputy Commissioner
position, as well as policy-making official positions within the County
Legislature, Office of the County Executive, Office of Management
and Budget and Office of Audit and Control, or the equivalents of
such positions.
A person or group of people occupying a single dwelling.
The quotient of: i) the average of the national consumer
price indexes determined by the United States Department of Labor
for the twelve-month period ending one month prior to the start of
the coming fiscal year minus the average of the national consumer
price indexes determined by the United States Department of Labor
for the twelve-month period ending one month prior to the start of
the prior fiscal year, divided by: ii) the average of the national
consumer price indexes determined by the United States Department
of Labor for the twelve-month period ending one month prior to the
start of the prior fiscal year, with the result expressed as a decimal
to four places.
An action performed in a prescribed manner without the exercise
of judgment or substantial personal discretion as to the propriety
of the act.
Any decision or action on any question, matter, cause, suit,
proceeding or controversy, which may at any time be pending before
the County, or which may by law be brought before any County officer
or employee, in the official capacity of such County officer or employee.
For purposes of this definition, "compensation" shall not
include reimbursement for necessary expenses, including travel expenses.
Any activity, other than service to the County, from which the
County officer or employee receives compensation for services rendered
or goods sold or produced;
Any entity, other than the County, of which the County officer
or employee is a member, officer, director or employee and from which
he/she receives compensation for services rendered or goods sold or
produced; or
Any entity in which the County officer or employee has an ownership
interest, except a corporation of which the County officer or employee
owns less than 5% of the outstanding stock.
Any case, proceeding, application or transaction.
Both individuals and entities, including a charity, business
or corporation.
Information that can be used to uniquely identify, contact
or locate a single person or can be used with other sources to uniquely
identify a single individual.
Those County officers or employees involved in the negotiation,
authorization or approval of County laws, rules, contracts, licenses
and permits.
A privilege granted by the State of New York to conduct an occupation or trade. For the purposes of this chapter, a professional license shall not include a license that permits a person to engage in practice as a physician, dentist, optometrist, podiatrist, pharmacist or chiropractor or other professional who provides services under Title 11 of Article 5 of the Social Services Law.
Having intentionally and knowingly taken a specific act or series of acts to intentionally procure for a firm, or knowingly solicit or direct to such firm in whole or substantial part, a person or entity that becomes the client of such firm for the purposes of representation for a matter as defined in § 17-10D(6)(a) through (d), as the result of such procurement, solicitation or direction.
The spouse, child, stepchild, parent or step-parent, sibling
or step-sibling, or grandparent or grandchild of either a County official
or the spouse of the County officer or employee, or any person claimed
as a dependent by a County officer or employee on his/her latest income
tax return, and the spouses or registered domestic partners of such
relatives.
The husband, wife or registered domestic partner of the reporting
individual unless living separate and apart from the reporting individual
pursuant to: i) a judicial order, decree or a judgment, or ii) a legally
binding separation agreement.
A County officer or employee ranking below and performing
under the direction of another officer or employee. For the purposes
of this chapter, an officer or employee, unless elected to his/her
County position, is considered subordinate to each member and employee
of the County Legislature.
A.
General prohibition. A County officer or employee shall not use his/her
official position or office, or take or fail to take any official
action, in a manner which he/she knows or has reason to know may result
in a personal financial benefit, not shared with a substantial segment
of the population of the County, for any of the following persons:
(1)
The County officer or employee;
(2)
A member of his/her household, including a spouse and his/her dependents,
or the employer or business of any of these people;
(3)
A relative, or the employer or business of a relative;
(4)
His/Her outside employer or business;
(5)
A customer or client;
(6)
A person from whom he/she has received any gift during the preceding
12 months;
(7)
A person to whom he/she owes more than $1,000;
(8)
A person who owes the County officer or employee more than $250;
and
(9)
A nongovernmental civic group, union, social, charitable or religious
organization of which a member of his/her household is an officer
or director.
B.
Recusal. A County officer or employee shall promptly recuse himself/herself from acting on a matter before the County when acting on the matter, or failing to act on the matter, may financially benefit any of the persons listed in Subsection A of this section.
C.
Gifts.
(1)
A County officer or employee shall not solicit or accept a gift from
any person whose business dealings with the County such County officer
or employee has had the ability to influence within the previous 24
months unless under the circumstances it is not reasonable to infer
that the gift was intended to influence such County officer or employee.
(2)
A County officer or employee shall not solicit or accept a gift from
any person whom the County officer or employee knows or has reason
to know has had business dealings within the previous 24 months with
the County agency by which such County officer or employee is employed
unless under the circumstances it is not reasonable to infer that
the gift was intended to influence such County officer or employee.
D.
Representation. A County officer or employee shall not represent
any other person in any matter that person has before the County nor
represent any other person in any matter against the interests of
the County.
E.
Appearances. A County officer or employee shall not appear before
any agency of the County, except on his/her own behalf or on behalf
of the County agency or County office with which such officer or employee
is employed.
F.
Confidential information. A County officer or employee and any former
County officer or employee shall not disclose any confidential information
or use any such confidential information to further the personal or
pecuniary interests of any person.
G.
Use of County property. No County officer or employee shall use or
permit the use of County property (including land, vehicles, equipment,
materials and any other property) for personal convenience or profit,
except when such use is available to County citizens generally or
is provided as a matter of written County policy.
H.
Political solicitation. Unless otherwise prohibited by law, officers
and employees shall not be denied the right to support or refuse to
support a political party or committee, or a candidate for public
office. Officers or employees shall not coerce, or request or authorize
another to coerce, any County officer or employee, consumer of County
services or County contractor to support or refuse to support a political
party or committee, or a candidate for public office. Officers or
employees shall not make use of a County workplace to request, or
authorize another to use a County workplace to request, that any person
participate in an election campaign or contribute to a political party
or committee.
I.
Revolving door. A County officer or employee holding a high-ranking
County position shall not appear or practice before the County, except
on his/her own behalf, for a period of one year after the termination
of his/her County service or employment in such high-ranking position.
As to any particular matter on which the County officer or employee
personally and substantially participated while in County service,
such County officer or employee shall never appear or practice before
the County and shall never receive compensation for working on any
such matter.
J.
Use of name or image prior to election. The name or image of a County
officer or employee shall not appear on any newsletter mailed or distributed
to County residents, or in any advertisement published widely in the
County, the cost of which is incurred by the County, within 75 days
of any election for public office in which the County officer or employee
is a candidate for such office.
K.
Public safety.
(1)
No officer or employee of the Albany County Sheriff's Department shall have any interest in or be employed in the County of Albany by any business, company, corporation, partnership, association or individual for the purpose of providing private investigations, accident reconstruction, fire prevention or fire inspection or any other activity related to such public safety officer's employment with the County of Albany, except as provided in Subsection K(2) hereof.
L.
Purchase of office. A County officer or employee shall not give or
promise to give anything of value to any person or entity for being
elected or appointed to any public office or for receiving a promotion
or raise in any public entity.
M.
Business relationships with subordinate officers or employees. A
County officer or employee shall adhere to all rules promulgated by
the Ethics Commission that pertain to the formation of business relationships
as between subordinate and superior County officers or employees.
N.
Gratuities. A County officer or employee shall not request or accept
anything of more than nominal value from any person or entity other
than the County in consideration for the performance of the duties
of his/her County position.
O.
Professionally licensed County officials and employees. A County
official or employee with a professional license shall not knowingly
have an ownership interest of 5% or greater in any business, partnership,
firm or corporation that has a contract with any County agency or
any public benefit corporation whose members are appointed by the
County Executive or the County Legislature.
P.
County officials and employees authorized to conduct inspections
and issue permits. A County official or employee with the authority
to conduct inspections or issue permit approvals shall not have an
ownership interest of 5% or greater in any business, partnership,
firm or corporation that is engaged in business within the County
of Albany where such business, partnership, firm or corporation conducts,
as a regular and significant part of its business, matters requiring
such inspections or such permits.
Q.
Avoidance of conflicts. County officers and employees shall not knowingly
acquire, solicit, negotiate for or accept any interest, employment
or other thing of value which would put them in violation of this
Code of Ethics.
A.
Whenever a County officer or employee is required to recuse himself/herself under the Code of Ethics set forth in § 17-4 of this chapter, he/she:
(1)
Shall immediately refrain from participating further in the matter;
(2)
Shall promptly inform his/her superior, if any; and
(3)
Shall promptly file with the Ethics Commission a signed statement
disclosing the nature and extent of the prohibited action or, if a
member of a board, shall state that information upon the public record
of the board.
B.
The County Legislature may choose to exempt certain County officers
or employees from the requirements of this section in instances in
which a County officer or employee, with respect to the same matter,
has filed with the Ethics Commission a disclosure statement complying
with requirements of this chapter.
The provisions of this chapter shall not prohibit, or require
recusal or transactional disclosure as a result of:
A.
An action specifically authorized by statute, rule or regulation
of the State of New York or of the United States.
B.
A ministerial act.
C.
Gifts or benefits having a value of $100 or less that are received
by a County officer or employee listed in § 11 of the Domestic
Relations Law of the State of New York for the solemnization of a
marriage by that officer or employee at a place other than his/her
normal public place of business or at a time other than his/her normal
hours of business.
D.
Receipt of County services or benefits or use of County facilities
that are generally available on the same terms and conditions to residents
or a class of residents in the County.
E.
Representation of constituents by elected officials without compensation in matters of public advocacy, excluding conduct described in § 17-4A.
F.
Representation of County residents by County officials without compensation
before any agency of the County:
G.
County officers or employees appearing or practicing before the County
or receiving compensation for working on a matter before the County
after termination of their County service or employment where they
performed only ministerial acts while working for the County.
H.
Representation by an attorney employed by any department of the County
or the County Legislature on behalf of such department, or member
or members of the County Legislature against the interests of the
County or a department of the County in matters in which the subject
pertains solely to an official action of the County or such other
agency, office, officer or employee of the County.
I.
Action by a County officer or employee on the County budget, except that such County officer or employee shall not use his/her official position or office, or take or fail to take any action, to address a particular budget matter in a manner which he/she knows or has reason to know may result in a personal financial benefit for any of the persons listed in § 17-4A.
J.
Approval only by a County officer or employee of the imposition of a rate of tax on sales and uses of tangible personal property and of services, and on occupancy of hotel rooms and amusement charges, pursuant to Article 29 of the Tax Law of the State of New York.
K.
Actions covered by § 17-4I of this chapter by persons who separated from County service prior to the effective date of this chapter.
L.
Gifts received prior to the effective date of this chapter. Nothing
in this subsection shall permit gifts otherwise prohibited by state
or federal law.
No person, whether or not a County officer or employee, shall
induce or attempt to induce a County officer or employee to violate
any of the provisions of this chapter.
A.
Prohibited interests. No County officer or employee shall have an
interest in a contract with the County, or an interest in a bank or
trust company, that is prohibited by § 801 of the General
Municipal Law of the State of New York. Any contract willfully entered
into by or with the County in which there is an interest prohibited
by that section shall be null, void and wholly unenforceable, to the
extent provided by § 804 of that law.
B.
Disclosable interests. Any County officer or employee who has, will
have or later acquires an interest in any actual or proposed contract
with the County shall publicly disclose the nature and extent of that
interest to the extent required by § 803 of the General
Municipal Law. The Clerk of the County Legislature shall cause a copy
of that disclosure to be filed promptly with the Ethics Commission.
C.
Violations. Any County officer or employee who willfully and knowingly
violates the provisions of this section shall be guilty of a misdemeanor,
to the extent provided by § 805 of the General Municipal
Law.
A.
Except as provided in Subsection C of this section, the outside employer or business of a County officer or employee shall not appear before the particular agency, board or commission, including the County Legislature, served by such County officer or employee, or by which he/she is employed.
B.
Nothing in this section shall be construed to prohibit the outside
employer or business of a County officer or employee from:
C.
In instances in which the outside employer or business of a County
officer or employee appears before any agency, department or office
of the County, the County officer or employee that is employed by
such outside employer or business shall refrain from participating
in any matter that is the subject of such appearance.
A.
Officers and employees required to file an annual disclosure statement.
[Amended 11-12-2019 by L.L. No. 7-2019]
(1)
In
January of each year, the Commissioner of Human Resources shall provide
the Ethics Commission with a list of recommended titles, names, offices
and positions of all County officers and employees who are required,
pursuant to this chapter, to file an annual disclosure statement for
the prior year.
(2)
As
soon as possible after the receipt of such list, the Ethics Commission
shall review and adopt, subject to modification, the list of the titles,
names, offices and positions of all County officers and employees
who are required, pursuant to this chapter, to file an annual disclosure
statement for the prior year ("Annual FDS Filer List").
(3)
On
or before March 1 of each year, the Ethics Commission shall file the
Annual FDS Filer List with the County Clerk and Chair of the Legislature
for recording and distribution to the various agencies, departments,
boards, commissions and offices of the County, including the Board
of Elections.
(4)
The
Board of Elections shall take reasonable measures to attempt to identify
and notify candidates for elected County office who are required to
file an annual disclosure statement for the prior year pursuant to
this chapter.
(5)
On
or before May 15 of each year, the persons identified in the Annual
FDS Filer List and any qualified candidates for office shall notarize
and submit the annual financial disclosure statement to the Clerk
of the Legislature.
B.
Time and place for filing. Annual disclosure statements shall be
filed with the Ethics Commission:
(1)
Within 45 days after becoming subject to the requirements of Subsection A of this section, unless the person is a candidate as defined in § 17-3 of this chapter, in which case the annual disclosure form shall be filed within 20 days after the filing by or on the behalf of such candidate with the Albany County Board of Elections of designating or independent nominating petitions for County office; and
(2)
No later than the 15th day of May of each year thereafter.
C.
Extension of time for filing a County of Albany annual financial
disclosure statement.
(1)
The Ethics Commission shall be empowered to grant extensions of time
for filing the financial disclosure statements. In order for the Ethics
Commission to grant a request for an extension of time to file the
financial disclosure statement beyond the May 15 deadline, the Commission
shall find that there is justifiable cause for filing after the deadline
or that application of the deadline will impose an undue hardship.
D.
Annual disclosure forms.
(1)
There shall be three forms of the annual statement of financial disclosure which shall contain all of the information in the forms at the end of this chapter. Form A, as drafted by the Department of Human Resources in accordance with Subsection D(4), shall be completed by each policy-making official as defined in§ 17-3 of this chapter, and each candidate as defined in § 17-3 of this chapter, except that Form B, as drafted by the Department of Human Resources in accordance with Subsection D(5), shall be completed by individuals who voluntarily serve on County boards, commissions and advisory councils. Form C, as drafted by the Department of Human Resources in accordance with Subsection D(6), shall be the form completed by each County officer and employee holding a high-ranking County position, and each candidate as defined in § 17-3 of this chapter, who personally provides services to any person or entity, or works as a member or employee of a partnership or corporation that provides such services (referred to hereinafter as a "firm"). Form C shall require only disclosure of the identity of new clients or customers for whom services are provided on or after the effective date of this chapter, or for new matters for existing clients or customers with respect to those services that are provided on or after the effective date of this chapter. The Department of Human Resources shall draft a Form D, which shall be used by individuals requesting an extension of time for filing an annual statement of financial disclosure.[2]
[2]
Editor's Note: The forms referenced in this subsection are
on file in the County offices.
(2)
A copy of the appropriate financial disclosure form shall be included
with every letter of appointment to paid reporting officers and volunteers
to a County board or commission.
(3)
A comprehensible and concise document, the form and content of which
shall be determined by the Ethics Commission, which provides instructions
on the proper completion of an annual disclosure statement shall accompany
any copy of an annual disclosure statement distributed by the County.
(4)
Form A, as described in Subsection D(1), shall require disclosure of the following:
(a)
The name of the County officer, employee or candidate, the County
position held or sought by such person and the home address of such
person;
(b)
With respect to each outside employer or business of the County
officer, employee or candidate:
(c)
With respect to each outside employer or business of the spouse, or household members of the County officer, employee or candidate, the information required by Subsection D(4)(a);
(d)
The location only of any real property within the County, or
within one mile of the boundary of the County, in which the County
officer, employee or candidate, or his/her relative, has a financial
interest;
(e)
The name of any entity in which the County officer, employee
or candidate, or his/her spouse, has an investment of at least 5%
of the stock, with such disclosure identifying the nature of the business
and the type of business;
(f)
The name and position of any relative in County service; and
(g)
Each volunteer office or position that a County officer, employee
or candidate, or his/her spouse, held during the previous 12 months
with any not-for-profit organization for which the officer or employee
volunteered in a policy-making or administrative capacity.
(5)
Form B, as described in Subsection D(1), shall require disclosure of the following:
(a)
The name of the County board or commission member, the County
position held by such person and the home address of such person;
(b)
With respect to each outside employer or business of the voluntary
member of a County board or commission:
[1]
Its name (if any);
[2]
The nature of its business;
[3]
Whether it is self-employment, a sole proprietorship or an entity
and, if an entity, what type of entity; and
[4]
The relationship of the County officer or employee to it, such
as owner, partner, officer, director, member, employee or shareholder;
(c)
With respect to each outside employer or business of the spouse, or household members of the voluntary member of a County board or commission, the information required by Subsection D(5)(b);
(d)
The location only of any real property within the County, or
within one mile of the boundary of the County, in which the voluntary
member of a County board or commission, or his/her relative, has a
financial interest;
(e)
The name of any entity in which the voluntary member of a County
board or commission, or his/her spouse, has an investment of at least
5% of the stock or debt of the entity; and
(f)
The name and position of any relative in County service that
is a subordinate to such voluntary member of a County board or commission.
(6)
Form C, as described in Subsection D(1), shall require disclosure of the following:
(a)
The name of the County officer, employee or candidate, the County
position held or sought by such person and the home address of such
person;
(b)
The name and address of each client or customer whom was personally
provided services by such County officer or employee holding a high-ranking
County position or candidate for County officer, or who was referred
to the firm by such official or candidate, and from whom such official
or candidate or the firm of such official candidate earned in excess
of $250 during the preceding 12 months for such services rendered
in direct connection with:
[1]
A proposed local law or resolution in the County Legislature
during the preceding 12 months;
[3]
A grant of $5,000 or more from the County or any County agency
during the preceding 12 months;
[4]
A grant obtained through a legislative initiative during the
preceding 12 months; or
[5]
A case, proceeding, application or other matter that is not
a ministerial matter before a County agency during the preceding 12
months.
(7)
Subsection D(6) shall not require disclosure of any lawful activity by a County officer or employee holding a high-ranking County position or a candidate for County office that is solely related to a ministerial act, the advocacy of any position in any matter in an official County capacity, provided that such advocacy is not performed for compensation by a person or entity other than the County, or the advocacy of any position in any matter in an official County capacity by a Chair of a County political committee. Subsection D(6) shall not require disclosure of clients or customers receiving medical or dental services, mental health services, residential real estate brokering services or insurance brokering services from a County officer or employee holding a high-ranking County position or candidate for County office or the firm of such official or candidate. A County officer or employee holding a high-ranking County position or candidate for County office need not identify any client to whom he/she or his/her firm provided legal representation with respect to investigation or prosecution by law enforcement authorities, bankruptcy or domestic relations matters. With respect to clients represented in other matters, where disclosure of a client identity is likely to cause harm, a high-ranking County official or candidate for County office shall seek a waiver from the Ethics Commission pursuant to § 17-21 of this chapter of the requirements of Subsection D(6). Only a County officer or employee holding a high-ranking County position who first enters public office on or after the effective date of this chapter need not report clients or customers with respect to matters for which such officer or employee or his/her firm was retained prior to assuming such high-ranking County position.
E.
Actual knowledge required. Failure to disclose the information required
by this section with respect to a County officer's or employee's spouse
or other relative shall not constitute a violation of that subsection
if the officer or employee does not have actual knowledge of such
information.
A.
Generally.
(1)
Where a person requests the County or a County officer or employee
to take or refrain from taking any action (other than a ministerial
act) that may result in a financial benefit both to the requestor
and to either any officer or employee of the County or any other person
identified in the Annual FDS Filer List, the requestor shall disclose
the names of any such persons, to the extent known to the requestor
at the time of the request.
[Amended 11-12-2019 by L.L. No. 7-2019]
(2)
If the request is made in writing, the disclosure shall accompany
the request. If the request is oral and made at a meeting of a public
body, the disclosure shall be set forth in the public record of the
body. If the request is oral and not made at a meeting of a public
body, the disclosure shall be set forth in a writing filed with the
County Clerk.
(3)
A person shall not be required to file a disclosure statement pursuant to this section if he/she, with respect to the same matter, has filed a disclosure statement complying with the requirements of Subsection B of this section.
(4)
All persons or entities engaged in business dealings with the County
shall disclose whether he/she, or any executive, officer or director
of any such organization or business, or person holding an ownership
interest in such business of greater than 5% holds a position as an
officer in a Countywide political party committee.
B.
Land use matters. Every application, petition or request submitted
for a variance, amendment, approval of a plat, exemption from a plat
or Official Map, license or permit, pursuant to the provisions of
any ordinance, local law, rule or regulation constituting the planning
regulations of the County, shall state the information required, to
the extent required by § 809 of the General Municipal Law
of the State of New York.
C.
Violations. Any person who willfully and knowingly violates the provisions
of this section shall be guilty of a misdemeanor, to the extent provided
by § 809 of the General Municipal Law.
A.
Any contract or agreement entered into by or with the County which
results in or from a violation of any provision of this chapter shall
be void unless ratified by the County Legislature. Such ratification
shall not affect the imposition of any criminal or civil penalties
pursuant to this chapter or any other provision of law.
B.
No contract or agreement entered into or otherwise executed by or
with the County which results in or from a violation of § 801
of the General Municipal Law shall be ratified in any manner by the
County Legislature or any County agency, office, board, commission,
public authority or officer or employee of the County.
C.
Any person, whether or not a County officer or employee, who intentionally
or knowingly violates any provision of this chapter shall be prohibited
from entering into any contract with the County for a period not to
exceed three years, as provided in this chapter.
D.
No person, whether or not a County officer or employee, shall enter into a contract in violation of a bar imposed pursuant to Subsection C of this section.
E.
Nothing in this section shall be construed to prohibit any person
from receiving a service or benefit, or from using a facility, which
is generally available to the public.
G.
Under this section, a corporation, partnership or other entity shall
not be held vicariously liable for the actions of an employee. A corporation,
partnership or other entity shall not be debarred because of the actions
of an employee unless the employee acted in the execution of company
policy or custom. A store, region, division or other unit of an entity
shall not be debarred because of the actions of an employee of that
unit unless the employee acted at the direction, or with the actual
knowledge or approval, of the manager of the unit.
A.
Disciplinary action.
(1)
Any County officer or employee who engages in any action that violates
any provision of this chapter may be counseled, warned, admonished,
reprimanded or suspended or removed from office or employment, or
be subject to any other sanction authorized by law or collective bargaining
agreement, by the appointing authority or person or body authorized
by law to impose such sanctions. A warning, reprimand, suspension,
removal or other authorized sanction may be imposed in addition to
any other penalty contained in this chapter or in any other provision
of law.
(2)
In its discretion, after a hearing providing for due process procedural
mechanisms and subject to any applicable provisions of law and collective
bargaining agreements, the Ethics Commission may recommend appropriate
disciplinary action pursuant to this chapter. The recommendation of
the Ethics Commission shall be made to the appointing authority or
person or body authorized by law to impose such sanctions. The Ethics
Commission shall conduct and complete the hearing with reasonable
promptness, unless in its discretion the Commission refers the matter
to the authority or person or body authorized by law to impose disciplinary
action or unless the Commission refers the matter to the appropriate
prosecutor. If such a referral is made, the Commission may adjourn
the matter pending determination by the authority, person, body or
prosecutor.
B.
Civil penalty.
(1)
Any County officer or employee who violates any provision of this chapter may be subject to a civil penalty of up to $2,500 for each violation. A civil penalty may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to Subsection D of this section. A civil penalty may not be imposed for a violation of § 17-8 of this chapter.
(2)
In its discretion and after a hearing providing for due process procedural mechanisms, the Ethics Commission may assess a civil penalty, as authorized by Subsection B(1), upon any County officer or employee found by the Ethics Commission to have violated this chapter. The Ethics Commission shall conduct and complete the hearing with reasonable promptness. The civil penalty shall be payable to the County.
C.
Damages.
(1)
Any person, whether or not a County officer or employee, who violates any provision of this chapter shall be liable in damages to the County for any losses or increased costs incurred by the County as a result of the violation. Such damages may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to Subsection D of this section.
D.
Civil forfeiture.
(1)
Any person, whether or not a County officer or employee, who intentionally or knowingly violates any provision of this chapter may be subject to a civil forfeiture to the County of a sum equal to three times the value of any financial benefit he/she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil penalty pursuant to Subsection B or damages pursuant to Subsection C of this section. Civil forfeiture shall not be available for a violation of § 17-8 of this chapter.
A.
Any resident, officer or employee of the County may initiate an action
or special proceeding, as appropriate, in the court of appropriate
jurisdiction for injunctive relief to enjoin an officer or employee
of the County from violating this chapter or to compel an officer
or employee of the County to comply with the provisions of this chapter.
In lieu of, or in addition to, injunctive relief, the action or special
proceeding, as appropriate, may seek a declaratory judgment.
B.
No action or special proceeding shall be prosecuted or maintained pursuant to Subsection A of this section unless:
(1)
The
plaintiff or petitioner shall have filed with the Ethics Commission
a sworn complaint alleging the violation by the officer or employee,
or the Ethics Commission has made an initial determination that there
is probable cause to believe that a public servant has violated a
provision of this chapter;
(2)
It
shall appear by and as an allegation in the complaint or petition
filed with the court that at least six months have elapsed since the
filing of the complaint with the Ethics Commission or issuance of
a finding of probable cause by the Ethics Commission and that the
Ethics Commission has failed to file a final determination in the
matter; and
(3)
The
action or special proceeding shall be commenced within 10 months after
the alleged violation occurred.
A.
The County
Clerk shall maintain a copy of the following documents:
B.
The County Clerk shall transmit promptly to the Ethics Commission
each transactional and applicant disclosure statement filed pursuant
to this chapter; and
C.
The Ethics Commission shall index and maintain on file for at least
seven years all disclosure statements filed with the Commission.
A.
Within 60 days after the effective date of this section, and no later
than the first day of March of each year thereafter, each elected
executive branch official shall:
(1)
Cause to be filed with the Ethics Commission a list of the names
and offices or positions of all County officers and employees subordinate
to said elected official that are required to file annual disclosure
statements pursuant to this chapter; and
(2)
Notify, in a manner established by rule of the Ethics Commission,
all such officers and employees of their obligation to file an annual
disclosure statement.
B.
Within 60 days after the effective date of this section, and no later
than the first day of March of each year thereafter, the Clerk of
the Legislature shall:
(1)
Cause to be filed with the Ethics Commission a list of the names
and offices or positions of all officers and employees of the County
Legislature that are required to file annual disclosure statements
pursuant to this chapter; and
(2)
Notify, in a manner established by rule of the Ethics Commission,
all such officers and employees of their obligation to file an annual
disclosure statement.
C.
Within 20 days of the filings required in Subsections A and B of this section, the Ethics Commission shall:
(2)
Add or subtract names and offices or positions from said lists as
the Ethics Commission deems appropriate; and
(3)
Inform executive branch elected officials or the Clerk of the Legislature
of any additional County officials or employees subordinate to or
within the departments of said officials that shall be required to
file an annual financial disclosure statement pursuant to this chapter.
D.
The Ethics Commission shall take reasonable measures to attempt to
identify and notify candidates required to file an annual disclosure
statement pursuant to this chapter.
A.
Establishment; qualifications of members; appointment of members;
term of office; appointment of certain officers and employees.
(1)
There is hereby established an Ethics Commission consisting of five
members.
(2)
Members shall be chosen for their independence, integrity, civic
commitment and high ethical standards. No person while a member shall
hold any public office, seek election to any public office, be an
officer or employee of the County of Albany or hold any political
party office. Of the total membership of the Commission, no more than
two members shall be enrolled in the same political party.
(3)
An Ethics Commission member may not participate in any election campaign
for elective County office or any election campaign by any County
officer or employee who is a candidate for any elective office.
(4)
Two members of the Ethics Commission shall be recommended for appointment
by the Majority Leader of the Albany County Legislature, one member
shall be recommended for appointment by the Minority Leader of the
Albany County Legislature and two members shall be recommended for
appointment by the County Executive. Said recommendations shall be
to the Chair of the Albany County Legislature, who may accept or reject
such recommendations. The Chair of the Albany County Legislature is
the appointing authority for said Commission. However, he/she may
act only upon the recommendation of the Majority Leader, Minority
Leader and County Executive.
(6)
The original members of the Ethics Commission shall serve at staggered
terms in the following manner:
(7)
The Ethics Commission shall appoint a Chairperson from its membership
to serve for a term not to exceed one year. No person shall serve
as Chairperson for a period in excess of two consecutive years. The
duties of the Chairperson shall include calling and conducting meetings
of the Ethics Commission.
(8)
The Ethics Commission may, upon the recommendation of the County
Attorney, appoint or designate a counsel employed by the Department
of Law to serve at its pleasure and may employ, retain or designate
such other officers, employees and consultants as are necessary to
exercise its powers and fulfill its obligations. The County Attorney
shall make such a recommendation within 30 days of the creation of
a vacancy in such position. The authority of the counsel shall be
defined in writing, provided that neither the counsel nor any other
officer, employee or consultant of the Board shall be authorized to
issue advisory opinions, promulgate rules, issue subpoenas, issue
final determinations of violations of this chapter or make final recommendations
of or impose penalties. Upon such occasions as the Ethics Commission
or the counsel to the Ethics Commission shall consider it appropriate
that the Ethics Commission have outside counsel, the Ethics Commission
may retain or designate such counsel to serve with respect to particular
matters. The Ethics Commission may delegate its authority to issue
advisory opinions to the Chair.
(9)
An Ethics Commission member shall serve until his/her successor has
been appointed. Consecutive service on the Ethics Commission shall
not exceed two four-year terms.
(10)
The members of the Ethics Commission shall not receive compensation
but shall be reimbursed for reasonable expenses incurred in the performance
of their official duties.
(11)
Revenue received by the Ethics Commission in the form of fines
shall be directed the County general fund.
B.
Vacancies. When a vacancy occurs in the membership of the Ethics Commission, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as the original appointment. Any person appointed to fill a vacancy on the Ethics Commission shall meet the qualifications set forth in § 17-17 of this chapter.
C.
Removal of members. An Ethics Commission member may be removed from office in the same manner in which he/she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in § 17-17 of this chapter, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office or violation of this chapter.
D.
Meetings. At its first meeting each year, the Ethics Commission shall
elect a Chair and Secretary from among its members. A majority of
the Ethics Commission shall be required for the Ethics Commission
to take any action. The Chair or a majority of the Ethics Commission
may call a meeting of the Ethics Commission.
E.
Jurisdiction, powers and duties.
(1)
The Ethics Commission may act with regard to any matter arising under
this chapter to the extent provided in this chapter.
(2)
The termination of a County officer's or employee's term of office
or employment with the County shall not affect the jurisdiction of
the Ethics Commission with respect to the requirements imposed on
him/her by this chapter.
(3)
The Ethics Commission shall have the following powers and duties:
(a)
To prescribe and promulgate rules and regulations governing
its own internal organization and procedures in a manner consistent
with this chapter;
(b)
To appoint hearing officers and request the services of other
County officers and employees as are necessary to carry out its duties
under this chapter;
(c)
To designate officials required to file a financial disclosure
statement, but the Ethics Commission must notify the policy-making
official, the Chair of the County Legislature and the respective commissioner
of the agency by which such policy-making official is employed, if
applicable, whenever any such officer or employee is designated as
a policy-making official required to file an annual disclosure statement
pursuant to this chapter;
(d)
To review, index and maintain on file lists of officers and
employees, and disclosure statements filed with the Commission, pursuant
to this chapter;
(e)
To review, index, maintain on file and dispose of sworn complaints
and to make notifications and conduct investigations;
(f)
To conduct hearings, recommend disciplinary action, assess penalties,
make referrals and initiate appropriate actions and proceedings;
(g)
To grant waivers;
(h)
To render, index and maintain on file advisory opinions;
(i)
To provide training and education to County officers and employees;
(j)
To prepare an annual report and recommend changes to this chapter;
(k)
To provide for public inspection and copying of certain records;
(l)
To select provisions of this chapter for reproduction and distribution;
(m)
To promulgate rules governing certain conduct of County officers
and employees in a manner that is consistent with the discretionary
power afforded to the Ethics Commission pursuant to this chapter;
(n)
To promulgate rules governing the formation of business relationships
as between subordinate and superior County officers and employees
so as to prevent favoritism or undue influence, or the appearance
of such behavior;
(o)
To cause to be published on the internet website of the Ethics
Commission a single document containing all rules of conduct for County
officers and employees set forth in this chapter;
(p)
To compute, no later than 20 days prior to the start of the coming fiscal year, the allowable gift value limit for each fiscal year in the manner provided for in Subsection F(1) of this section; and
(q)
To promulgate rules consistent with other provisions of this
chapter concerning the representation by County elected officials
in matters of public advocacy, or regarding an application for County
services and benefits, or County employment.
F.
Computation of the allowable gift value limit.
(1)
The allowable gift value limit for a particular fiscal year shall
be determined by ascertaining the actual allowable gift value limit
figure for the prior fiscal year, beginning with the figure of $15
for the remainder of the fiscal year in effect at the time of the
effective date of this chapter, and multiplying such figure by the
allowable gift value growth factor, if any. The product of such calculation
shall be referred to as the "actual allowable gift value limit." The
actual allowable gift value limit shall be rounded downward to the
nearest whole dollar figure. Such rounded figure shall represent the
allowable gift value limit for the forthcoming fiscal year.
(2)
The Ethics Commission shall cause to be published on the internet
website of the Ethics Commission the operative allowable gift value
limit for the County.
A.
The Ethics Commission shall review:
(1)
The lists of officers and employees, prepared pursuant to this chapter, to determine whether the lists are complete and accurate. The Commission shall add the name of any other officer or employee who the Commission determines should appear on the list pursuant to § 17-10;
(2)
All annual disclosure statements to determine whether any person
required to file such a statement has failed to file it, has filed
a deficient statement or has filed a statement that reveals a possible
or potential violation of this chapter;
(3)
All transactional disclosure statements; and
(4)
All applicant disclosure statements.
B.
If the Ethics Commission determines that an annual disclosure statement
or a transactional disclosure statement is deficient or reveals a
possible or potential violation of this chapter, the Ethics Commission
shall notify such person in writing of the deficiency or possible
or potential violation and of the penalties for failure to comply
with this chapter and afford such person 15 days to correct such statement.
A.
Upon receipt of a sworn complaint by any person alleging a violation
of this chapter, or upon determining on its own initiative that a
violation of this chapter may exist, the Ethics Commission shall have
the power to conduct any investigation necessary to carry out the
provisions of this chapter. In conducting any such investigation,
the Ethics Commission may administer oaths or affirmations, subpoena
witnesses, compel their attendance and require the production of any
books or records which it may deem relevant and material.
B.
The Ethics Commission shall state in writing the disposition of every
sworn complaint it receives and of every investigation it conducts
and shall set forth the reasons for the disposition. All such statements
and all sworn complaints shall be indexed and maintained on file by
the Commission.
C.
Any person filing a sworn complaint with the Ethics Commission shall
be notified in writing of the disposition of such complaint.
D.
Nothing in this section shall be construed to permit the Ethics Commission
to conduct an investigation of itself or of any of its members or
staff. If the Ethics Commission receives a complaint alleging that
the Ethics Commission or any of its members or staff has violated
any provision of this chapter, or any other law, the Ethics Commission
shall promptly transmit to the County Legislature a copy of the complaint.
A.
Prosecutions. The Ethics Commission may refer to the appropriate
prosecutor possible criminal violations of this chapter. Nothing contained
in this chapter shall be construed to restrict the authority of any
prosecutor to prosecute any violation of this chapter or of any other
law.
B.
Limits on Commission. Nothing in this section shall be construed
to permit the Ethics Commission to take any action with respect to
any alleged violation of this chapter, or of any other law, by the
Commission or by any member or staff member thereof.
A.
Upon written application and upon a showing of compelling need by the applicant, the Ethics Commission may in exceptional circumstances grant the applicant a waiver of any of the provisions of § 17-4A through P, § 17-5A, § 17-9A, § 17-10 or § 17-11 of this chapter; provided, however, that no such waiver shall permit conduct or interests otherwise prohibited by Article 18 of the General Municipal Law of the State of New York.
B.
Waivers shall be in writing and shall state the grounds upon which
they are granted. All applications, decisions and other records and
proceedings relating to waivers shall be indexed and maintained on
file by the Ethics Commission.
A.
Upon written request, the Ethics Commission may render a written advisory opinion with respect to the interpretation or application of this chapter or of Article 18 of the General Municipal Law of the State of New York. The request may be made only by the person whose conduct is at issue or by a supervisory official of such a person.
B.
Advisory opinions and requests for advisory opinions shall be indexed
and maintained on file by the Ethics Commission.
C.
Any person aggrieved by an advisory opinion of the Ethics Commission
may seek judicial review and relief pursuant to Article 78 of the
Civil Practice Law and Rules of the State of New York.
D.
Any person who has submitted to the Ethics Commission a written request
for an advisory opinion may bring a special proceeding pursuant to
Article 78 of the Civil Practice Law and Rules for an order compelling
the Ethics Commission to issue the advisory opinion. In addition to,
or in lieu of, such injunctive relief, the person may seek a judgment
in accordance with § 3001 of the Civil Practice Law and
Rules determining the question posed in the request for the advisory
opinion. No action or special proceeding shall be prosecuted or maintained
pursuant to this subsection unless:
(1)
It
shall appear by and as an allegation in the petition or complaint
that at least 180 days have elapsed since the filing of the request
and that the Ethics Commission has failed to file any determination
in the matter; and
(2)
The
action or special proceeding shall be commenced within 10 months after
the submission of the request for the advisory opinion.
E.
A formal written opinion rendered by the Ethics Commission, until
and unless amended or revoked, shall be binding on the Ethics Commission
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. The Ethics Commission
shall not investigate an individual for potential violations of law
based upon conduct approved and covered in its entirety by such an
opinion, except that such opinion shall not prevent or preclude an
investigation of the person who obtained it for violations of this
chapter to determine whether the person accurately and fully represented
to the Ethics Commission the facts relevant to the formal advisory
opinion and whether the person's conduct conformed to those factual
representations. Nothing in this subsection shall be construed as
denying the Ethics Commission the authority and jurisdiction to investigate
potential violations of this chapter arising from conduct outside
of the scope of the terms of the advisory opinion.
Any person aggrieved by a decision of the Ethics Commission
may seek judicial review and relief pursuant to Article 78 of the
Civil Practice Law and Rules of the State of New York.
A.
B.
All County policy-making officials shall participate in an education
program developed in a manner prescribed by the Ethics Commission.
Such participation shall occur on a biennial basis.
A.
The Ethics Commission shall prepare and submit an annual report to
the County Executive and County Legislature, summarizing the activities
of the Commission. The report may also recommend changes to the text
or administration of this chapter.
B.
The Ethics Commission shall periodically review this chapter and
the Commission's rules, regulations and administrative procedures
to determine whether they promote integrity, public confidence and
participation in County government and whether they set forth clear
and enforceable, common sense standards of conduct.
A.
The only records of the Ethics Commission which shall be available for public inspection and copying are those whose disclosure is required by Article 6 of the Public Officers Law of the State of New York or by some other state or federal law or regulation.
B.
No meeting or proceeding of the Ethics Commission concerning misconduct, nonfeasance or neglect in office by a County officer or employee shall be open to the public except upon the request of the officer or employee or as required by the provisions of Article 7 of the Public Officers Law or by some other state or federal law or regulation.
C.
The Commission shall maintain an index of all persons found to be
in violation of this chapter, by name, office and date of order. The
index and the determinations of probable cause and orders in such
cases shall be made available for public inspection and copying.
A.
No existing right or remedy shall be lost, impaired or affected by
reason of this chapter.
B.
Nothing in this chapter shall be deemed to bar or prevent a present
or former County officer or employee from timely filing any claim,
account, demand or suit against the County on behalf of himself/herself
or any member of his/her family arising out of personal injury or
property damage or any lawful benefit authorized or permitted by law.
C.
If any provision of this chapter is held by a court of competent
jurisdiction to be invalid, that decision shall not affect the validity
and effectiveness of the remaining provisions of this chapter.
A.
Within 90 days after the effective date of this chapter, and thereafter
as appropriate, the Ethics Commission shall transmit to the County
Executive, in a form suitable for posting, copies of those provisions
of this chapter which the Ethics Commission deems necessary for posting
in the County. Within 10 days after receipt of those copies, the County
Executive shall cause the copies to be posted conspicuously in every
public building under the jurisdiction of the County, as well as on
the County's website.
B.
Within 90 days after the effective date of this chapter, and thereafter
as appropriate, the Ethics Commission shall transmit to the County
Executive, in a form suitable for distribution, copies of those provisions
of this chapter which the Ethics Commission deems necessary for distribution
to the officers and employees of the County. Within 10 days after
receipt of those copies, the County Executive shall cause the copies
to be distributed to every officer and employee of the County and
made readily available to the public. Every County officer or employee
elected or appointed thereafter shall be furnished a copy of those
provisions within 10 days after entering upon the duties of his/her
position. Every County officer or employee elected or appointed shall
be notified by the County Executive of their obligation to file a
disclosure statement required by this chapter within 10 days after
entering upon the duties of his/her position.
C.
Failure of the County to comply with the provisions of this section
or failure of any County officer or employee to receive a copy of
the provisions of this chapter shall have no effect on the duty of
compliance with this chapter or on the enforcement of its provisions.
D.
The Ethics Commission shall publish the following on the County internet
website:
(1)
All rules and regulations prescribed or promulgated by the Ethics
Commission pursuant to this chapter;
(2)
A copy of the annual report of the Ethics Commission;
(3)
A list of all officers and employees required to file financial disclosure
statements with the Ethics Commission;
(5)
Any correspondence or document generated by the Ethics Commission
that executes a ruling, decision or determination by the Ethics Commission
ordering, instructing or recommending the assessment of penalties;
(6)
Any correspondence or document generated by the Ethics Commission
that promulgates or communicates a recommendation or advisory opinion
by the Ethics Commission to a County officer or employee, but only
if such correspondence or document contains no personally identifiable
information of the requestor of such recommendation or advisory opinion;
and
E.
Any document or material required to be published by the Ethics Commission
on the County internet website shall be transmitted to the webmaster
of such website within 10 days of its execution, completion, compilation,
approval or generation by the Ethics Commission, or submission to
the Ethics Commission, whichever the case may be. The webmaster shall
then publish such documents or material on such website within 20
days of his/her receipt of such documents or material.
This chapter shall take effect on July 1, 2012.
