[HISTORY: Adopted by the Rockland County Legislature 8-5-1974
by L.L. No. 10-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch.
66.
A. A Grand Jury was impaneled by the County Court of Rockland
County to conduct investigations into building and zoning practices and the
awarding of municipal contracts in the County of Rockland, and the Grand Jury
found that engineering and architectural firms are among the largest contributors
to the political campaigns in the County of Rockland and that noncompetitive
contracts are repeatedly awarded to the same firms and that there is evidence
in many cases of a gentlemen's agreement that a firm that is awarded
a municipal contract will contribute back to the political party in power
a sum equivalent to approximately 5% of its fee. The Grand Jury further found
that in several cases of political contributions, substantial amounts of money
were diverted from the political party or candidate campaign expense fund
without adequate accounting, and the Grand Jury made other findings of fact
condemning a practice of builders and contractors making political contributions
while having changes of zones, subdivisions, variances and other municipal
improvements to the political party in power.
B. It is the intent of this chapter to eliminate kickbacks,
payoffs and to stop the practices mentioned in the Grand Jury's findings,
as the Legislature of Rockland County believes it is essential to good government
that the public shall have confidence in the integrity of County government
and its public officials.
[Amended 2-17-1976 by L.L. No. 2-1976]
All corporations, partnerships or individuals, prior to entering into
a contract with the County of Rockland in excess of $10,000 other than contracts
resulting from public bidding, shall file an affidavit of disclosure with
the Clerk to the Legislature containing a list of contributions made by the
firm or any director or policymaking officer or majority shareholder or the
individual, directly or indirectly, to any person or organization for any
political party or for any individual running for public office or for a committee
for an individual running for public office or for any public officer in Rockland
County, or in a district in which Rockland County is located, for a period
of three years prior to the date thereof. Such affidavit of disclosure shall
be filed annually thereafter by December 31 until the contract is completed.
No such corporation, partnership or individual shall be required to file such
affidavit more than once a year.
[Amended 2-17-1976 by L.L. No. 2-1976]
All corporations, partnerships or individuals, prior to submitting a
bid to the County of Rockland in excess of $10,000, shall file an affidavit
of disclosure with the Clerk to the Legislature containing a list of contributions
made by the firm or any director or policymaking officer or majority shareholder
or the individual, directly or indirectly, to any person or organization for
any political party or for any individual running for public office or for
a committee for an individual running for public office or for any public
officer in Rockland County, or in a district in which Rockland County is located,
for a period of three years prior to the date thereof. Such affidavit of disclosure
shall be filed annually thereafter by December 31 by the successful bidder
until the contract is completed. Each bidder is required by this section to
file one affidavit of disclosure during each calendar year.
[Amended 2-17-1976 by L.L. No. 2-1976]
All corporations, partnerships or individuals presently under contract
with the County of Rockland, if the contract is in excess of $10,000, shall
file an affidavit of disclosure with the Clerk to the Legislature containing
a list of contributions made by the firm or any director or policymaking officer
or majority shareholder or the individual, directly or indirectly, to any
person or organization for any political party or for any individual running
for public office or for a committee for an individual running for public
office or for any public officer in Rockland County, or in a district in which
Rockland County is located, for a period of three years prior to the date
thereof. Said affidavit of disclosure shall be filed by December 31, 1974,
and annually thereafter until the contract is completed. No such corporation,
partnership or individual shall be required to file such affidavit more than
once a year.
[Added 9-19-1978 by L.L. No. 3-1978]
All present and future members of the Rockland County Insurance Advisory
Board shall file an affidavit of disclosure with the Clerk to the Legislature
containing a list of contributions made by the present or future members or
by the present or future member's insurance agency or by any director,
executive and/or policymaking officer or majority shareholder of the present
or future member's or by the present or future member's insurance
agency, directly or indirectly, to any person or organization for any political
party or for any individual running for public office or for a committee for
an individual running for public office or for any public officer in Rockland
County for a period of three years prior to the date thereof. Such affidavit
of disclosure shall be filed prior to the member's or future member's
being appointed or reappointed to the Rockland County Insurance Advisory Board
and shall be filed by those present members within 60 days following passage
of this chapter.
[Added 4-21-1998 by L.L. No. 7-1998]
All depositories designated for the deposit of all moneys received by
the Commissioner of Finance of Rockland County pursuant to Article III of
L.L. No. 14-1984, entitled the "Rockland County Charter Law," shall file an
affidavit of disclosure with the Clerk to the Legislature containing a list
of contributions made by the firm or any director or policymaking officer
or majority shareholder, directly or indirectly, to any person or organization
for any political party or for any individual running for public office or
for a committee for an individual running for public office or for any public
officer in Rockland County, or in a district in which Rockland County is located,
for a period of three years prior to the date thereof. Said affidavit shall
be filed by December 31, 1998, and annually thereafter until the bank is no
longer a depository designated pursuant to Article III of L.L. No. 14-1984,
entitled the "Rockland County Charter Law." No such depository shall be required
to file such affidavit more than once a year.
When used in this chapter and unless otherwise expressly stated, or
unless the context otherwise requires, the following terms shall have the
meanings indicated:
CONTRACT
Any claim, act or demand against or agreement with a municipality,
express or implied, in excess of $10,000 or several "contracts" within a period
of one year amounting in the aggregate in excess of $10,000. "Contracts" with
other municipal bodies or agencies or nonprofit organizations are excluded.
[Amended 6-15-1976 by L.L. No. 5-1976]
CONTRIBUTION
Includes all moneys or other valuable things paid, given, expended
or promised in excess of $200, in the aggregate, per year to aid in nomination
or election or to promote the success or defeat of a political party or to
aid or influence the nomination or election or the defeat of any other candidate
to be voted for at the election, or primary election, or at a convention held
in Rockland County, or in a district in which Rockland County is located,
including contributions to political committees, officers, members or agents
thereof and of moneys or other valuable things received by or promised to
be used for any of the purposes above specified. "Contribution" shall also
include payments for the purposes above specified to any Town, Village or
County government in the County of Rockland or any subdivision thereof. "Contributions"
shall include but not be limited to low- or no-interests loans, purchase of
tickets for political affairs, direct payment of candidate bills and purchase
of advertising space. Donated services and materials shall be valued at fair
market prices.
[Amended 2-17-1976 by L.L. No. 2-1976]
[Added 7-5-1978 by L.L. No. 2-1978;
amended 4-21-1998 by L.L. No. 7-1998]
Prior to approving payment to any of the aforedefined corporations,
partnerships or individuals, or prior to the depositing of moneys into the
aforedefined depositories, the Rockland County department head who has responsibility
for the contract and/or bid or the deposit of moneys into depositories shall
verify compliance with this chapter. The Clerk to the Legislature shall furnish,
upon the request of the appropriate department head, confirmation that an
affidavit of disclosure has been filed.