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A08505 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8505
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 8, 2021
                                       ___________
 
        Introduced  by  M. of A. THIELE -- (at request of the State Comptroller)
          -- read once and referred to the Committee on Local Governments
 
        AN ACT to amend the general municipal law, in relation to  conflicts  of
          interest  of  municipal  officers  and  employees, codes of ethics and
          boards of ethics; and to amend chapter 946 of the laws of 1964, amend-
          ing the general municipal law and other laws relating to conflicts  of
          interest  of  municipal officers and employees, in relation to permit-
          ting local codes of ethics to prohibit activities expressly  permitted
          by article 18 of the general municipal law
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 800 of the general municipal  law,
     2  as  amended  by  chapter 1043 of the laws of 1965, is amended to read as
     3  follows:
     4    3. "Interest" means a direct or indirect pecuniary or material benefit
     5  accruing to a municipal officer or employee, or his or  her  spouse,  as
     6  the  result  of  a  contract with the municipality which such officer or
     7  employee serves. For the purposes of this article a municipal officer or
     8  employee shall be deemed to have an interest in the contract of (a)  his
     9  or  her  spouse,  minor  children  and  dependents, except a contract of
    10  employment with the municipality which such officer or employee  serves,
    11  (b)  a  firm,  partnership  or  association  of  which  such  officer or
    12  employee, or his or her spouse, is a member or employee,  (c)  a  corpo-
    13  ration  of  which  such officer or employee, or his or her spouse, is an
    14  officer, director or employee and (d) a corporation any stock  of  which
    15  is owned or controlled directly or indirectly by such officer or employ-
    16  ee, or his or her spouse.
    17    §  2.  Section 801 of the general municipal law, as amended by chapter
    18  1043 of the laws of 1965, is amended to read as follows:
    19    § 801. Conflicts of interest prohibited. Except as provided in section
    20  eight hundred two of this [chapter] article, (1) no municipal officer or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10553-01-1

        A. 8505                             2
 
     1  employee shall have an interest in any contract with the municipality of
     2  which he or she is an officer or employee, when such officer or  employ-
     3  ee, individually or as a member of a board, has the power or duty to (a)
     4  negotiate,  prepare,  authorize  or approve the contract or authorize or
     5  approve  payment  thereunder,  (b)  audit  bills  or  claims  under  the
     6  contract,  or  (c)  appoint  an  officer  or employee who has any of the
     7  powers or duties set forth above and (2) no chief fiscal officer, treas-
     8  urer, or his or her deputy or employee, shall have an interest in a bank
     9  or trust company designated as a depository, paying agent,  registration
    10  agent  or for investment of funds of the municipality of which he or she
    11  is an officer or employee. The provisions of this section  shall  in  no
    12  event  be  construed  to preclude the payment of lawful compensation and
    13  necessary expenses of any municipal officer or employee in one  or  more
    14  positions  of  public employment, the holding of which is not prohibited
    15  by law.
    16    § 3. Paragraphs b and j of subdivision 1 of section 802 of the general
    17  municipal law, paragraph b as amended by chapter 1043  of  the  laws  of
    18  1965  and  paragraph  j as added by chapter 364 of the laws of 1996, are
    19  amended to read as follows:
    20    b. A contract with a person, firm, corporation or association in which
    21  a municipal officer or employee has  an  interest  which  is  prohibited
    22  solely  by  reason  of  his  or  her  employment, or his or her spouse's
    23  employment, as an officer or employee thereof, if  the  remuneration  of
    24  such  employment  will  not  be  directly  affected  as a result of such
    25  contract and the duties of such employment do not directly  involve  the
    26  procurement, preparation or performance of any part of such contract;
    27    j.  Purchases  or  public work by a municipality, other than a county,
    28  located wholly or partly within  a  county  with  a  population  of  two
    29  hundred thousand or less pursuant to a contract in which a member of the
    30  governing body or board has a prohibited interest, where:
    31    (1)  the member of the governing body or board is elected or appointed
    32  and serves with or without salary or other compensation;
    33    (2) the purchases or public work, in  the  aggregate,  are  less  than
    34  [five] fifteen thousand dollars in one fiscal year and:
    35    (i)  the governing body or board has followed its procurement policies
    36  and procedures adopted in accordance with the provisions of section  one
    37  hundred  four-b  of  this  chapter and the procurement process indicates
    38  that the contract is with the lowest dollar offer[;], or
    39    (ii) the purchases, in the aggregate, are less than  fifteen  thousand
    40  dollars  in  one  fiscal  year, cannot be procured from another supplier
    41  located within the  municipality,  and  the  next  closest  supplier  is
    42  located  more than twenty-five miles driving distance from the border of
    43  the municipality by way of the most direct route using public  highways,
    44  roads or streets; and
    45    (3)  the  contract  for  the  purchases  or public work is approved by
    46  resolution of the body or board by the affirmative vote of  each  member
    47  of the body or board except the interested member who shall abstain.
    48    § 4. Paragraph a of subdivision 2 of section 802 of the general munic-
    49  ipal  law, as amended by chapter 1019 of the laws of 1970, is amended to
    50  read as follows:
    51    a. A contract with a corporation  in  which  a  municipal  officer  or
    52  employee  has an interest by reason of stockholdings when less than five
    53  per centum of the outstanding stock  of  the  corporation  is  owned  or
    54  controlled  directly or indirectly by such officer or employee or his or
    55  her spouse either jointly or severally;

        A. 8505                             3
 
     1    § 5. Section 805-a of the general municipal law, as added  by  chapter
     2  1019  of the laws of 1970 and subdivision 1 as amended by chapter 813 of
     3  the laws of 1987, is amended to read as follows:
     4    § 805-a. [Certain action prohibited] Additional statewide standards of
     5  ethical  conduct. 1. No municipal officer or employee shall: a. directly
     6  or indirectly, solicit any gift, or accept or receive any gift having  a
     7  value  of  seventy-five  dollars  or more, whether in the form of money,
     8  service, loan, travel, entertainment, hospitality, thing or promise,  or
     9  in  any  other form, under circumstances in which it could reasonably be
    10  inferred that the gift was intended to influence [him], or could reason-
    11  ably be expected to influence [him, in] the performance of  [his]  offi-
    12  cial  duties or was intended as a reward for any official action [on his
    13  part];
    14    b. disclose confidential information acquired by him  or  her  in  the
    15  course  of his or her official duties or use such information to further
    16  his or her personal interests;
    17    c. receive, or enter into  any  agreement,  express  or  implied,  for
    18  compensation  for  services  to  be  rendered  in relation to any matter
    19  before any municipal agency of which he or she is an officer, member  or
    20  employee  or  of any municipal agency over which he or she has jurisdic-
    21  tion or to which he or she has the power to appoint any member,  officer
    22  or employee; or
    23    d.  receive,  or  enter  into  any  agreement, express or implied, for
    24  compensation for services to be  rendered  in  relation  to  any  matter
    25  before any agency of his or her municipality, whereby his or her compen-
    26  sation  is  to be dependent or contingent upon any action by such agency
    27  with respect to such matter, provided  that  this  paragraph  shall  not
    28  prohibit  the fixing at any time of fees based upon the reasonable value
    29  of the services rendered.
    30    2. a. Except as provided in paragraph b of this subdivision, no munic-
    31  ipal officer or employee shall participate in any official  decision  or
    32  take  any official action with respect to any matter requiring the exer-
    33  cise of discretion, including participating in official discussions  and
    34  voting on the matter, when he or she knows or has reason to believe that
    35  action  or  inaction  on  the matter will confer a financial or material
    36  benefit on himself or herself, a relative, or any  private  organization
    37  in  which  the municipal officer or employee is deemed to have an inter-
    38  est.
    39    b. This subdivision shall not be construed as prohibiting:
    40    i. performance of a ministerial act, which for the  purposes  of  this
    41  section,  shall  mean  an administrative act carried out in a prescribed
    42  manner not allowing for substantial personal discretion;
    43    ii. participation in any official decision or official action taken by
    44  a board or similar body when  paragraph  a  of  this  subdivision  would
    45  prohibit one or more members of the board or body from participating and
    46  the remaining members of the board or body are insufficient in number or
    47  lack  sufficient  voting  strength  to  make  such decision or take such
    48  action; or
    49    iii. participation in any official decision or official  action  taken
    50  by a municipal officer or employee, individually, when the matter cannot
    51  be lawfully delegated or assigned to another person.
    52    c.  Whenever  paragraph  a  of  this subdivision prohibits a municipal
    53  officer or employee from participating in an official decision or taking
    54  official action, such municipal officer or employee  shall  disclose  in
    55  writing  to  the  governing  board the facts and circumstances requiring
    56  recusal and such disclosure shall be made a part of and set forth in the

        A. 8505                             4
 
     1  official record of the proceedings of such board.  Whenever the prohibi-
     2  tion in paragraph a of this subdivision does not apply  because  of  the
     3  applicability  of  subparagraph ii or subparagraph iii of paragraph b of
     4  this  subdivision,  the  municipal officer or employee shall disclose in
     5  writing to the governing board the facts and  circumstances  that  would
     6  otherwise require recusal under paragraph a of this subdivision and such
     7  disclosure  shall be made a part of and set forth in the official record
     8  of the proceedings of such board.
     9    d. For purposes of this subdivision, the term  "relative"  shall  mean
    10  any  person  living  in  the  same household as the municipal officer or
    11  employee and any person who is a direct descendant of that  individual's
    12  grandparents or the spouse of such descendant.
    13    e.  Compliance with this subdivision shall not constitute an exception
    14  to section eight hundred one of this article, nor be construed as curing
    15  a violation of that section.
    16    3. a. Except as provided in paragraph b of this subdivision, no munic-
    17  ipal officer or employee shall use or permit the use of municipal  prop-
    18  erty or resources for personal or private purposes.
    19    b. This subdivision shall not be construed as prohibiting:
    20    i.  any  use  of  municipal property or resources authorized by law or
    21  municipal policy consistent with law;
    22    ii. the use of municipal property or resources for personal or private
    23  purposes when provided to a municipal officer or employee as part of his
    24  or her compensation; or
    25    iii. the occasional, minimal, non-business  and  non-partisan  use  of
    26  municipal  office equipment and supplies, such as telephones, computers,
    27  copiers, paper and pens, for personal matters at no or nominal  cost  to
    28  the municipality.
    29    c.  For  purposes  of  this subdivision, "property or resources" shall
    30  include, but not be limited to, money, facilities, furnishings,  machin-
    31  ery, apparatus, equipment, supplies and letterhead.
    32    4. In addition to any penalty contained in any other provision of law,
    33  any  person  who  shall knowingly and intentionally violate this section
    34  may be fined, suspended or removed from  office  or  employment  in  the
    35  manner provided by law.
    36    §  6. The section heading of section 806 of the general municipal law,
    37  as amended by chapter 1019 of the laws of 1970, is amended  to  read  as
    38  follows:
    39    [Code] Municipal codes of ethics.
    40    §  7.  Paragraph  (a)  of  subdivision 1 of section 806 of the general
    41  municipal law, as amended by chapter 238 of the laws of 2006, is amended
    42  to read as follows:
    43    (a) The governing body of each county,  city,  town,  village,  school
    44  district [and], fire district and improvement district governed by arti-
    45  cle  thirteen of the town law shall, and the governing body of any other
    46  municipality may, by local law, ordinance or resolution, adopt a code of
    47  ethics setting forth for the guidance of its officers and employees  the
    48  standards  of  conduct  reasonably expected of them. Notwithstanding any
    49  other provision of this article to the contrary, a fire district code of
    50  ethics shall also apply to the volunteer members of  the  fire  district
    51  fire  department.  Codes  of ethics shall provide standards for officers
    52  and employees with respect to  disclosure  of  interest  in  legislation
    53  before the local governing body, holding of investments in conflict with
    54  official  duties,  private  employment in conflict with official duties,
    55  future employment, nepotism, and such other standards  relating  to  the
    56  conduct of officers and employees as may be deemed advisable. Such codes

        A. 8505                             5
 
     1  may: (i) regulate or prescribe conduct which is not expressly prohibited
     2  by  this  article  but may not authorize conduct otherwise prohibited [.
     3  Such codes may provide for the prohibition of]; (ii) prohibit  contracts
     4  or  conduct [or] that is either expressly or by implication permitted by
     5  section eight hundred two or section eight hundred five-a of this  arti-
     6  cle; and (iii) provide for the disclosure of information and the classi-
     7  fication  of employees or officers. Every five years, the governing body
     8  of each municipality that adopts a code of ethics shall review and, when
     9  deemed necessary, update its code of ethics.
    10    § 8. Subdivision 2 of section 806 of the  general  municipal  law,  as
    11  amended  by  chapter  238  of  the  laws  of 2006, is amended to read as
    12  follows:
    13    2. [The] Upon the adoption or amendment of a code of ethics by a muni-
    14  cipality, the chief executive officer of [a] the municipality  [adopting
    15  a  code  of  ethics] shall cause a paper or electronic copy [thereof] of
    16  such code or amendment to be distributed promptly to every  officer  and
    17  employee  of  his or her municipality and to the board of ethics for the
    18  municipality. In addition, such chief executive officer  shall  cause  a
    19  complete  and  current  copy  of the municipality's code of ethics to be
    20  posted on the municipality's website, if the  municipality  maintains  a
    21  website, and distributed (a) to every person who is elected or appointed
    22  to  serve as an officer or employee of the municipality promptly follow-
    23  ing such person's election or appointment, and (b) to all  the  officers
    24  and  employees of the municipality at least once every five years. Every
    25  municipal officer and employee receiving a copy of a code of  ethics  or
    26  amendment  thereto  shall acknowledge promptly in writing that he or she
    27  has received and read the code of ethics or amendment and such  acknowl-
    28  edgement shall be filed with the clerk or secretary of the municipality.
    29  The board of fire [district] commissioners of a fire district shall also
    30  cause a copy of the fire district's code of ethics, including any amend-
    31  ments  thereto, to be posted publicly and conspicuously in each building
    32  under such district's control. Failure to distribute any  such  copy  or
    33  failure  of  any  officer or employee to receive such copy shall have no
    34  effect on the duty of compliance with such code, nor the enforcement  of
    35  provisions thereof.
    36    §  9.  Section 806 of the general municipal law is amended by adding a
    37  new subdivision 3 to read as follows:
    38    3. The clerk of each municipality and of each  political  subdivision,
    39  as  defined in section eight hundred ten of this article, shall maintain
    40  as a record subject to public inspection:
    41    (a) a copy of the municipality's or political  subdivision's  code  of
    42  ethics and any amendments to any code of ethics;
    43    (b)  a  statement  that such municipality or political subdivision has
    44  established a board of ethics, in accordance with section eight  hundred
    45  eight of this article and/or pursuant to other law, charter, code, local
    46  law,  ordinance  or  resolution,  and  the  names of the members of such
    47  board; and
    48    (c) a copy of the form of annual  statement  of  financial  disclosure
    49  described  in  subdivision  one  of section eight hundred eleven of this
    50  article and either a statement of the date such  annual  statement  form
    51  was  promulgated  by local law, ordinance or resolution of the governing
    52  body, if adopted pursuant to subparagraph (i) of paragraph (a) of subdi-
    53  vision one of section eight hundred eleven of this article, or a  state-
    54  ment that the governing body has, by local law, ordinance or resolution,
    55  resolved  to  continue the use of an authorized form of annual statement
    56  of financial disclosure in use on the date such local law, ordinance  or

        A. 8505                             6
 
     1  resolution is adopted, if adopted pursuant to subparagraph (ii) of para-
     2  graph  (a)  of  subdivision  one of section eight hundred eleven of this
     3  article, and if as of January first,  nineteen  hundred  ninety-one,  no
     4  such form was promulgated and no such resolve was made to continue using
     5  an  existing  annual  statement form, a statement that the provisions of
     6  section eight hundred twelve of this article apply or that it is a muni-
     7  cipality which is not subject to the provisions of section eight hundred
     8  twelve of this article because it is  not  a  political  subdivision  as
     9  defined in section eight hundred ten of this article.
    10    §  10. Section 808 of the general municipal law, as amended by chapter
    11  1019 of the laws of 1970 and subdivision 5 as amended by chapter 490  of
    12  the laws of 2014, is amended to read as follows:
    13    §  808.  Boards  of  ethics.  1. [The governing body of any county may
    14  establish a county board of ethics and appropriate  moneys  for  mainte-
    15  nance and personal services in connection therewith. The members of such
    16  board  of ethics shall be appointed by such governing body except in the
    17  case of a county operating under an  optional  or  alternative  form  of
    18  county  government or county charter, in which case the members shall be
    19  appointed by the county executive or county manager, as the case may be,
    20  subject to confirmation by such governing body.  Such  board  of  ethics
    21  shall consist of at least three members, a majority of whom shall not be
    22  officers  or  employees  of  such  county  or  municipalities  wholly or
    23  partially located in such county and at least one of whom  shall  be  an
    24  elected or appointed officer or employee of the county or a municipality
    25  located  within  such county. The members of such board shall receive no
    26  salary or compensation for their services as members of such  board  and
    27  shall serve at the pleasure of the appointing authority] (a) The govern-
    28  ing body of (i) every county, (ii) every city, town and village having a
    29  population  of  twenty-five  thousand  or more, and (iii) every board of
    30  cooperative educational services (BOCES)  shall  establish  a  board  of
    31  ethics.  Thereafter,  the governing body shall appropriate annually such
    32  moneys as may be necessary for  the  board's  contractual  and  personal
    33  service  expenditures.    Except  as  provided  in paragraph (d) of this
    34  subdivision, such board shall have jurisdiction to act only in  relation
    35  to  the  officers  and  employees  of the county, city, town, village or
    36  BOCES that established the board.
    37    (b) The governing body of every municipality not  described  in  para-
    38  graph (a) of this subdivision is authorized, but not required, to estab-
    39  lish  a  board  of ethics. If such governing body establishes a board of
    40  ethics, the governing body shall appropriate annually such moneys as may
    41  be necessary for the board's contractual and personal  service  expendi-
    42  tures. Such board shall have jurisdiction to act only in relation to the
    43  officers and employees of the municipality that established the board.
    44    (c)  Two or more municipalities not described in paragraph (a) of this
    45  subdivision may enter into, amend, cancel, and terminate agreements  for
    46  the  establishment  of  a  cooperative  board of ethics. Such agreements
    47  shall be consistent with the requirements  of  article  five-G  of  this
    48  chapter,  except  as  otherwise provided in this section, including that
    49  (i) the power to enter into such agreements shall extend to all  munici-
    50  palities as defined in this article, and shall not be limited to munici-
    51  pal  corporations  and  districts  as  defined in article five-G of this
    52  chapter, and (ii) the duration of such agreements shall not  be  limited
    53  to  a maximum term of five years. Following the establishment of a coop-
    54  erative board of ethics, the governing bodies of the municipalities that
    55  are parties to the agreement establishing the  board  shall  appropriate
    56  annually such moneys as may be necessary for the board's contractual and

        A. 8505                             7
 
     1  personal  service  expenditures, in such amounts or proportion as may be
     2  provided in the agreement. A cooperative board of ethics  shall  be  the
     3  board  of  ethics  of each municipality that is a party to the agreement
     4  establishing  the  board,  and  shall  have  jurisdiction to act only in
     5  relation to the officers or employees of such municipalities.
     6    (d) In the event that a municipality described  in  paragraph  (b)  of
     7  this subdivision does not establish a board of ethics and is not a party
     8  to an agreement establishing a cooperative board of ethics:
     9    (i)  in  the  case of a municipality other than a school district, the
    10  board of ethics of the county in which the municipality is located shall
    11  serve as the board of ethics of such municipality and have  jurisdiction
    12  to  act  in relation to the officers and employees of that municipality,
    13  provided that if such a municipality is located in more than one county,
    14  the governing board of the municipality by  resolution  shall  designate
    15  the  board  of  ethics  of  one of the counties to serve as the board of
    16  ethics of the municipality;
    17    (ii) in the case of a school district,  other  than  the  city  school
    18  district  of a city having a population of one hundred twenty-five thou-
    19  sand or more, the board of ethics established by the BOCES of the super-
    20  visory district in which the school district is located shall  serve  as
    21  the board of ethics of such school district and have jurisdiction to act
    22  in relation to the officers and employees of such school district; and
    23    (iii)  in  the case of a city school district of a city having a popu-
    24  lation of one hundred twenty-five thousand or more, the board of  ethics
    25  established  by  the  city in which the school district is located shall
    26  serve as the board of ethics of such school district and have  jurisdic-
    27  tion  to  act  in  relation to the officers and employees of such school
    28  district.
    29    (e) In the case of a municipality that has not established a board  of
    30  ethics  and  is  not  a party to an agreement establishing a cooperative
    31  board of ethics:
    32    (i) The chief executive officer of the municipality, annually,  within
    33  thirty days following the start of the municipality's fiscal year, shall
    34  notify  the  appropriate county, BOCES or city board of ethics that such
    35  board shall serve as the board of  ethics  for  the  municipality.  Such
    36  notice  shall  be  accompanied  by  a  complete  and current copy of the
    37  municipality's code of ethics. At the time such  notice  is  given,  the
    38  chief  executive  officer  shall  also  cause a copy of the notice to be
    39  posted on the municipality's website, if the  municipality  maintains  a
    40  website, and in each public building under the jurisdiction of the muni-
    41  cipality in a place conspicuous to its officers and employees.
    42    (ii)  If  officers  and  employees  of the municipality are subject to
    43  annual financial disclosure requirements imposed in accordance with this
    44  article, such notice shall also be accompanied by a complete and current
    45  copy of all local laws, ordinances, resolutions and regulations  adopted
    46  by  the  municipality  relating  to  the  imposition, administration and
    47  enforcement of the filing requirement.
    48    (iii) The governing body of the municipality, annually, within  thirty
    49  days  following  the  start  of  the  municipality's  fiscal year, shall
    50  appoint a municipal representative to the appropriate county,  BOCES  or
    51  city  board  of ethics. The person appointed as municipal representative
    52  shall be a resident of the municipality, and shall be knowledgeable with
    53  respect to the municipality's code  of  ethics  and  the  municipality's
    54  annual  financial  disclosure requirements, if any. The municipal repre-
    55  sentative shall receive notice of, and be entitled to participate, as  a
    56  non-voting member, in all meetings, proceedings, deliberations and other

        A. 8505                             8
 
     1  activities  of  the  board that pertain to an officer or employee of the
     2  municipality. A municipal representative  shall  receive  no  salary  or
     3  compensation  for  his  or her services, but within amounts appropriated
     4  shall  be  reimbursed  for actual and necessary expenses incurred in the
     5  performance of his or her official duties.
     6    (f) In the event that a board of ethics established by a county, BOCES
     7  or city serves as the board of ethics for another municipality, and such
     8  municipality shall either establish a board of ethics or become a  party
     9  to  an  agreement  establishing a cooperative board of ethics, the chief
    10  executive officer of the municipality shall notify the county, BOCES  or
    11  city  board of ethics of the date as of which such board shall no longer
    12  serve as the board of ethics of the municipality.    Such  notice  shall
    13  either  state  that  the  municipality  has established its own board of
    14  ethics or identify such cooperative board of ethics. At  the  time  such
    15  notice  is given, the chief executive officer shall also cause a copy of
    16  the notice to be posted on the municipality's website,  if  the  munici-
    17  pality maintains a website, and in each public building under the juris-
    18  diction  of  the municipality in a place conspicuous to its officers and
    19  employees.  Promptly after the date specified in such notice, the  coun-
    20  ty,  BOCES  or  city  board of ethics shall transfer to the municipal or
    21  cooperative board of ethics all pending matters and records relating  to
    22  the  officers and employees of the municipality; provided, however, that
    23  such county, BOCES, or city board of ethics shall have the discretion to
    24  retain any pending matter and records relating thereto until  such  time
    25  as the matter is resolved.
    26    (g)  Every  board of ethics shall consist of at least three members, a
    27  majority of whom shall not  be  municipal  officers  or  employees.  The
    28  members of every board of ethics shall serve for a fixed term of office,
    29  not  to  exceed  five  years. The length of such term of office shall be
    30  determined by the municipal governing body that establishes the board of
    31  ethics or specified in the agreement establishing a cooperative board of
    32  ethics, provided that such governing body or agreement may  provide  for
    33  the  initial  appointments  to the board to be made for staggered terms.
    34  Appointments to the board shall be made as follows:
    35    (i) The members of a county board of ethics shall be appointed by  the
    36  governing  body  of  the county except in the case of a county operating
    37  under an optional or alternative form of  county  government  or  county
    38  charter,  in  which  case  the  members shall be appointed by the county
    39  executive, county manager or county administrator, as the case  may  be,
    40  subject to confirmation by such governing body.
    41    (ii)  The  members  of a board of ethics established by a municipality
    42  other than a county shall be appointed by  the  governing  body  of  the
    43  municipality  or  by  such  person  or  body as may be designated by the
    44  governing body of the municipality.
    45    (iii) The members of a cooperative board of ethics shall be  appointed
    46  in the manner provided in the agreement establishing the board.
    47    2.  [The]  Every board of ethics shall render advisory opinions to the
    48  officers and employees [of municipalities wholly or  partly  within  the
    49  county]  under the board's jurisdiction with respect to this article and
    50  any code of ethics adopted pursuant hereto. Such advisory opinions shall
    51  be rendered pursuant to the written  request  of  any  such  officer  or
    52  employee  under  such  rules  and regulations as the board may prescribe
    53  [and shall have the advice of counsel employed by the board, or if none,
    54  the county attorney]. In addition, [it] the board may  make  recommenda-
    55  tions  with  respect to the drafting and adoption of a code of ethics or
    56  amendments thereto upon the request of the governing body of any munici-

        A. 8505                             9
 
     1  pality [in the county] for which the board serves as the  municipality's
     2  board of ethics, and perform such other functions relating to the admin-
     3  istration  of this article as may be authorized by the governing body or
     4  agreement  establishing the board including, but not limited to, provid-
     5  ing ethics training to the officers  and  employees  under  the  board's
     6  jurisdiction.
     7    3.  [The  governing  body  of any municipality other than a county may
     8  establish a local board of ethics and, where such governing body  is  so
     9  authorized,  appropriate moneys for maintenance and personal services in
    10  connection therewith. A local board shall have all the powers and duties
    11  of and shall be governed by the same conditions as  a  county  board  of
    12  ethics,  except  that  it  shall  act  only with respect to officers and
    13  employees of the municipality that has established such board or of  its
    14  agencies. The members of a local board shall be appointed by such person
    15  or  body  as may be designated by the governing body of the municipality
    16  to serve at the pleasure of the  appointing  authority  and  such  board
    17  shall  consist  of  at  least  three members, a majority of whom are not
    18  otherwise officers or employees of such municipality. Such  board  shall
    19  include  at  least  one  member who is an elected or appointed municipal
    20  officer or employee.
    21    4. The county board of ethics shall not act with respect to the  offi-
    22  cers  and  employees  of  any municipality located within such county or
    23  agency thereof, where such municipality has established its own board of
    24  ethics, except that the local board may at its option refer  matters  to
    25  the county board.
    26    5.] A board of ethics shall have the advice of counsel employed by the
    27  board  or,  if  none, the attorney for the municipality that established
    28  the board or, in the case of a cooperative board of ethics, such munici-
    29  pal attorney as may be designated  in  the  agreement  establishing  the
    30  cooperative board of ethics.
    31    4.  The  board  of  ethics  of  a political subdivision (as defined in
    32  section eight hundred ten of this article) and the board  of  ethics  of
    33  any  other municipality[,] which [is required by local law, ordinance or
    34  resolution to be, or which pursuant to legal authority, in practice  is,
    35  the  repository  for completed annual statements of financial disclosure
    36  shall file a statement with the clerk of its municipality,  that  it  is
    37  the  authorized  repository for completed annual statements of financial
    38  disclosure] requires filing of annual statements of financial disclosure
    39  pursuant to this article, shall receive, review  for  completeness,  and
    40  serve  as  repository for such annual statements and enforce such filing
    41  requirement.
    42    5. Each member of every board of ethics shall attend and  successfully
    43  complete  a  training  course the contents of which shall be approved by
    44  the state comptroller within two hundred seventy  days  of  his  or  her
    45  appointment or reappointment to the board; provided, however, that noth-
    46  ing  in  this subdivision shall be deemed to require a member of a board
    47  of ethics to successfully complete such training course more than  once.
    48  The  course  shall  contain  training  related to the provisions of this
    49  article, codes of ethics, annual financial disclosure and decisional law
    50  relating to conflicts of interest and ethics and such  other  topics  as
    51  the  comptroller deems advisable. When approved in advance of attendance
    52  by the governing body of the municipality establishing the board  or  in
    53  the  manner provided in an agreement establishing a cooperative board of
    54  ethics, the actual and necessary expenses incurred by a board member  in
    55  successfully completing the training required by this section shall be a

        A. 8505                            10
 
     1  charge  against  the municipality or the municipalities participating in
     2  the cooperative board of ethics as provided in such agreement.
     3    6.  The  provisions of this section shall not apply to a city having a
     4  population of one million or more or to a county,  school  district,  or
     5  other public agency or facility therein.
     6    §  11.  Subdivision  9 of section 810 of the general municipal law, as
     7  amended by chapter 490 of the laws  of  2014,  is  amended  to  read  as
     8  follows:
     9    9.  The term "appropriate body" or "appropriate bodies" shall mean the
    10  board of ethics [for the] of any political subdivision or municipality.
    11    § 12. Section 13 of chapter 946 of the  laws  of  1964,  amending  the
    12  general  municipal  law and other laws relating to conflicts of interest
    13  of municipal officers and employees, is amended to read as follows:
    14    § 13. Laws superseded. The provisions of article [eighteen] 18 of  the
    15  general  municipal  law, as added by this act, shall supersede any local
    16  law, charter, ordinance, resolution, rule or regulation of  any  munici-
    17  pality  to  the  extent  that such local law, charter, ordinance, resol-
    18  ution, rule or regulation is inconsistent with the  provisions  thereof.
    19  No  local law, ordinance, resolution, rule or regulation shall modify or
    20  dispense with any provision of article  [eighteen]  18  of  the  general
    21  municipal  law,  as  added  by this act; provided, however, that nothing
    22  [herein] contained in this section  shall  prohibit  a  code  of  ethics
    23  adopted  pursuant  thereto from supplementing the provisions of this act
    24  or from being more stringent than article 18 of  the  general  municipal
    25  law.
    26    § 13. Notwithstanding any general, special or local law to the contra-
    27  ry, the governing body of any municipality which has prior to the effec-
    28  tive  date  of this act:   (a) established a board of ethics pursuant to
    29  section 808 of the general municipal law; and (b) not established a term
    30  of office for the members of  such  board;  such  governing  body  shall
    31  establish  terms  of  office  for  the members of such board pursuant to
    32  paragraph (g) of subdivision 1 of section 808 of the  general  municipal
    33  law as added by section ten of this act to begin on a date no later than
    34  the  first  day of the municipality's fiscal year commencing in 2021 and
    35  on such date the positions on such  board  of  ethics  shall  be  deemed
    36  vacant,  provided  that  nothing  in  this section shall be construed to
    37  prohibit the reappointment of an incumbent board member for such term of
    38  office.
    39    § 14. Notwithstanding any general, special or local law to the contra-
    40  ry, any person serving as a member of  a  board  of  ethics  established
    41  pursuant  to  section  808 of the general municipal law on the effective
    42  date of  this  act  shall  successfully  complete  the  training  course
    43  required by subdivision 5 of section 808 of such law as added by section
    44  ten of this act within one year of the effective date of this act.
    45    § 15. This act shall take effect on the first of January next succeed-
    46  ing  the  date  on  which it shall have become a law; provided, however,
    47  that paragraph (d) of subdivision 1 of section 808 of the general munic-
    48  ipal law, as added by section ten of this act, shall take effect January
    49  1, 2023.
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