[HISTORY: Adopted by the Common Council of the City of Albany 1-5-1989. Amendments noted where applicable.]
This chapter shall be known as the "City of Albany Financial Disclosure Ordinance."
The purpose of this chapter is to comply with § 806 of the General Municipal Law of the State of New York and to provide guidelines and criteria for financial disclosure for those persons to whom this chapter is applicable.
It is hereby declared the policy of the City of Albany:
To recognize that the citizens of the City of Albany are entitled to a high standard of conduct from their public servants.
To provide to the citizens of the City of Albany a City government that is administered free from any conflicts of interest by an employee which affect the integrity of City government.
To discourage conflicts of interest and the appearance of impropriety.
To instill in the public a sense of confidence, integrity and impartiality in its public servants.
For the purpose of this chapter, the following definitions shall apply:
- The Albany City Clerk.
- The Committee on Ethical Standards and Conduct of Officers and Employees of the City of Albany.
- The Mayor, Comptroller, Treasurer, Common Council President and members, Corporation Counsel, Budget Director and all department heads and deputies.
- Any legal or equitable interest, whether or not subject to an encumbrance or condition, which was owned or held in whole or in part, jointly or severally, directly or indirectly, at any time during the preceding 12 months for which a required statement is to be filed pursuant to this chapter. It shall include, but not be limited to, any information required in the verified statement of public disclosure.
[Amended 12-17-2001 by Ord. No. 37.91.00]
The financial disclosure statement shall be as follows:
Editor's Note: This ordinance provided that it take effect 1-1-2003.
Each and every employee set forth in § 54-4 shall file a financial disclosure statement.
The Committee on Ethical Standards and Conduct of Officers and Employees of the City of Albany shall be the authorized repository for completed annual statements of financial disclosure.
Completed annual statements of financial disclosure shall be filed at the City Clerk's office. The City Clerk shall forward all statements to the Committee.
The completed financial disclosure statement shall be filed on or before the 15th day of May with respect to the preceding calendar year.
Extension of time to file may be granted by the Committee due to justifiable cause or undue hardship. The Committee shall prescribe rules and regulations related to such exceptions with respect to extensions and additional periods of time within which to file such statements, including the imposition of a time limitation upon such extensions.
The Committee shall have the authority to promulgate rules and regulations necessary to carry out the purposes of this chapter.
A reporting employee who knowingly and willfully fails to file an annual statement 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 shall be assessed a civil penalty in an amount not to exceed $500. Assessment of a civil penalty hereunder shall be made by the Committee. The Committee may adopt rules governing the conduct of adjudicatory proceedings relating to the assessment of the civil penalty herein authorized. The rules shall provide for due process procedural mechanisms.
Every financial disclosure statement, except for amounts or value, shall be available for public inspection pursuant to the provisions of the Freedom of Information Law (Public Officers Law, Articles 6 and 6-A).
If any section of this chapter or the application thereof to any person or circumstance shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any provision of any section or the application of any part thereof to any other person or circumstances, and, to this end, the provisions of each section of this chapter are hereby declared to be severable.
This chapter shall take effect January 1, 1990. The form may be used at the option of each employee for the calendar year of 1989.
The enactment of this chapter is determined to be a Type II action having no adverse impact upon the environment.