Bill Text: NY S05548 | 2019-2020 | General Assembly | Amended

---

Bill Title: Relates to conflicts of interest of municipal officers and employees, codes of ethics and boards of ethics; permits local codes of ethics to prohibit activities expressly permitted by article 18 of the general municipal law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-12 - PRINT NUMBER 5548A [S05548 Detail]

Download: New_York-2019-S05548-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         5548--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                       May 6, 2019
                                       ___________

        Introduced  by  Sen.  BIAGGI -- (at request of the State Comptroller) --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on Local Government -- recommitted to the Committee on
          Local Government in accordance with Senate Rule 6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08964-05-9
        S. 5548--A                          2

     1    §  2.  Section 801 of the general municipal law, as amended by chapter
     2  1043 of the laws of 1965, is amended to read as follows:
     3    § 801. Conflicts of interest prohibited. Except as provided in section
     4  eight hundred two of this [chapter] article, (1) no municipal officer or
     5  employee shall have an interest in any contract with the municipality of
     6  which  he or she is an officer or employee, when such officer or employ-
     7  ee, individually or as a member of a board, has the power or duty to (a)
     8  negotiate, prepare, authorize or approve the contract  or  authorize  or
     9  approve  payment  thereunder,  (b)  audit  bills  or  claims  under  the
    10  contract, or (c) appoint an officer or  employee  who  has  any  of  the
    11  powers or duties set forth above and (2) no chief fiscal officer, treas-
    12  urer, or his or her deputy or employee, shall have an interest in a bank
    13  or  trust company designated as a depository, paying agent, registration
    14  agent or for investment of funds of the municipality of which he or  she
    15  is  an  officer  or employee. The provisions of this section shall in no
    16  event be construed to preclude the payment of  lawful  compensation  and
    17  necessary  expenses  of any municipal officer or employee in one or more
    18  positions of public employment, the holding of which is  not  prohibited
    19  by law.
    20    § 3. Paragraphs b and j of subdivision 1 of section 802 of the general
    21  municipal  law,  paragraph  b  as amended by chapter 1043 of the laws of
    22  1965 and paragraph j as added by chapter 364 of the laws  of  1996,  are
    23  amended to read as follows:
    24    b. A contract with a person, firm, corporation or association in which
    25  a  municipal  officer  or  employee  has an interest which is prohibited
    26  solely by reason of his or  her  employment,  or  his  or  her  spouse's
    27  employment,  as  an  officer or employee thereof, if the remuneration of
    28  such employment will not be  directly  affected  as  a  result  of  such
    29  contract  and  the duties of such employment do not directly involve the
    30  procurement, preparation or performance of any part of such contract;
    31    j. Purchases or public work by a municipality, other  than  a  county,
    32  located  wholly  or  partly  within  a  county  with a population of two
    33  hundred thousand or less pursuant to a contract in which a member of the
    34  governing body or board has a prohibited interest, where:
    35    (1) the member of the governing body or board is elected or  appointed
    36  and serves with or without salary or other compensation;
    37    (2)  the  purchases  or  public  work, in the aggregate, are less than
    38  [five] fifteen thousand dollars in one fiscal year and:
    39    (i) the governing body or board has followed its procurement  policies
    40  and  procedures adopted in accordance with the provisions of section one
    41  hundred four-b of this chapter and  the  procurement  process  indicates
    42  that the contract is with the lowest dollar offer[;], or
    43    (ii)  the  purchases, in the aggregate, are less than fifteen thousand
    44  dollars in one fiscal year, cannot be  procured  from  another  supplier
    45  located  within  the  municipality,  and  the  next  closest supplier is
    46  located more than twenty-five miles driving distance from the border  of
    47  the  municipality by way of the most direct route using public highways,
    48  roads or streets; and
    49    (3) the contract for the purchases  or  public  work  is  approved  by
    50  resolution  of  the body or board by the affirmative vote of each member
    51  of the body or board except the interested member who shall abstain.
    52    § 4. Paragraph a of subdivision 2 of section 802 of the general munic-
    53  ipal law, as amended by chapter 1019 of the laws of 1970, is amended  to
    54  read as follows:
    55    a.  A  contract  with  a  corporation  in which a municipal officer or
    56  employee has an interest by reason of stockholdings when less than  five
        S. 5548--A                          3

     1  per  centum  of  the  outstanding  stock  of the corporation is owned or
     2  controlled directly or indirectly by such officer or employee or his  or
     3  her spouse either jointly or severally;
     4    §  5.  Section 805-a of the general municipal law, as added by chapter
     5  1019 of the laws of 1970 and subdivision 1 as amended by chapter 813  of
     6  the laws of 1987, is amended to read as follows:
     7    § 805-a. [Certain action prohibited] Additional statewide standards of
     8  ethical  conduct. 1. No municipal officer or employee shall: a. directly
     9  or indirectly, solicit any gift, or accept or receive any gift having  a
    10  value  of  seventy-five  dollars  or more, whether in the form of money,
    11  service, loan, travel, entertainment, hospitality, thing or promise,  or
    12  in  any  other form, under circumstances in which it could reasonably be
    13  inferred that the gift was intended to influence [him], or could reason-
    14  ably be expected to influence [him, in] the performance of  [his]  offi-
    15  cial  duties or was intended as a reward for any official action [on his
    16  part];
    17    b. disclose confidential information acquired by him  or  her  in  the
    18  course  of his or her official duties or use such information to further
    19  his or her personal interests;
    20    c. receive, or enter into  any  agreement,  express  or  implied,  for
    21  compensation  for  services  to  be  rendered  in relation to any matter
    22  before any municipal agency of which he or she is an officer, member  or
    23  employee  or  of any municipal agency over which he or she has jurisdic-
    24  tion or to which he or she has the power to appoint any member,  officer
    25  or employee; or
    26    d.  receive,  or  enter  into  any  agreement, express or implied, for
    27  compensation for services to be  rendered  in  relation  to  any  matter
    28  before any agency of his or her municipality, whereby his or her compen-
    29  sation  is  to be dependent or contingent upon any action by such agency
    30  with respect to such matter, provided  that  this  paragraph  shall  not
    31  prohibit  the fixing at any time of fees based upon the reasonable value
    32  of the services rendered.
    33    2. a. Except as provided in paragraph b of this subdivision, no munic-
    34  ipal officer or employee shall participate in any official  decision  or
    35  take  any official action with respect to any matter requiring the exer-
    36  cise of discretion, including participating in official discussions  and
    37  voting on the matter, when he or she knows or has reason to believe that
    38  action  or  inaction  on  the matter will confer a financial or material
    39  benefit on himself or herself, a relative, or any  private  organization
    40  in  which  the municipal officer or employee is deemed to have an inter-
    41  est.
    42    b. This subdivision shall not be construed as prohibiting:
    43    i. performance of a ministerial act, which for the  purposes  of  this
    44  section,  shall  mean  an administrative act carried out in a prescribed
    45  manner not allowing for substantial personal discretion;
    46    ii. participation in any official decision or official action taken by
    47  a board or similar body when  paragraph  a  of  this  subdivision  would
    48  prohibit one or more members of the board or body from participating and
    49  the remaining members of the board or body are insufficient in number or
    50  lack  sufficient  voting  strength  to  make  such decision or take such
    51  action; or
    52    iii. participation in any official decision or official  action  taken
    53  by a municipal officer or employee, individually, when the matter cannot
    54  be lawfully delegated or assigned to another person.
    55    c.  Whenever  paragraph  a  of  this subdivision prohibits a municipal
    56  officer or employee from participating in an official decision or taking
        S. 5548--A                          4

     1  official action, such municipal officer or employee  shall  disclose  in
     2  writing  to  the  governing  board the facts and circumstances requiring
     3  recusal and such disclosure shall be made a part of and set forth in the
     4  official record of the proceedings of such board.  Whenever the prohibi-
     5  tion  in  paragraph  a of this subdivision does not apply because of the
     6  applicability of subparagraph ii or subparagraph iii of paragraph  b  of
     7  this  subdivision,  the  municipal officer or employee shall disclose in
     8  writing to the governing board the facts and  circumstances  that  would
     9  otherwise require recusal under paragraph a of this subdivision and such
    10  disclosure  shall be made a part of and set forth in the official record
    11  of the proceedings of such board.
    12    d. For purposes of this subdivision, the term  "relative"  shall  mean
    13  any  person  living  in  the  same household as the municipal officer or
    14  employee and any person who is a direct descendant of that  individual's
    15  grandparents or the spouse of such descendant.
    16    e.  Compliance with this subdivision shall not constitute an exception
    17  to section eight hundred one of this article, nor be construed as curing
    18  a violation of that section.
    19    3. a. Except as provided in paragraph b of this subdivision, no munic-
    20  ipal officer or employee shall use or permit the use of municipal  prop-
    21  erty or resources for personal or private purposes.
    22    b. This subdivision shall not be construed as prohibiting:
    23    i.  any  use  of  municipal property or resources authorized by law or
    24  municipal policy consistent with law;
    25    ii. the use of municipal property or resources for personal or private
    26  purposes when provided to a municipal officer or employee as part of his
    27  or her compensation; or
    28    iii. the occasional, minimal, non-business  and  non-partisan  use  of
    29  municipal  office equipment and supplies, such as telephones, computers,
    30  copiers, paper and pens, for personal matters at no or nominal  cost  to
    31  the municipality.
    32    c.  For  purposes  of  this subdivision, "property or resources" shall
    33  include, but not be limited to, money, facilities, furnishings,  machin-
    34  ery, apparatus, equipment, supplies and letterhead.
    35    4. In addition to any penalty contained in any other provision of law,
    36  any  person  who  shall knowingly and intentionally violate this section
    37  may be fined, suspended or removed from  office  or  employment  in  the
    38  manner provided by law.
    39    §  6. The section heading of section 806 of the general municipal law,
    40  as amended by chapter 1019 of the laws of 1970, is amended  to  read  as
    41  follows:
    42    [Code] Municipal codes of ethics.
    43    §  7.  Paragraph  (a)  of  subdivision 1 of section 806 of the general
    44  municipal law, as amended by chapter 238 of the laws of 2006, is amended
    45  to read as follows:
    46    (a) The governing body of each county,  city,  town,  village,  school
    47  district [and], fire district and improvement district governed by arti-
    48  cle  thirteen of the town law shall, and the governing body of any other
    49  municipality may, by local law, ordinance or resolution, adopt a code of
    50  ethics setting forth for the guidance of its officers and employees  the
    51  standards  of  conduct  reasonably expected of them. Notwithstanding any
    52  other provision of this article to the contrary, a fire district code of
    53  ethics shall also apply to the volunteer members of  the  fire  district
    54  fire  department.  Codes  of ethics shall provide standards for officers
    55  and employees with respect to  disclosure  of  interest  in  legislation
    56  before the local governing body, holding of investments in conflict with
        S. 5548--A                          5

     1  official  duties,  private  employment in conflict with official duties,
     2  future employment, nepotism, and such other standards  relating  to  the
     3  conduct of officers and employees as may be deemed advisable. Such codes
     4  may: (i) regulate or prescribe conduct which is not expressly prohibited
     5  by  this  article  but may not authorize conduct otherwise prohibited [.
     6  Such codes may provide for the prohibition of]; (ii) prohibit  contracts
     7  or  conduct [or] that is either expressly or by implication permitted by
     8  section eight hundred two or section eight hundred five-a of this  arti-
     9  cle; and (iii) provide for the disclosure of information and the classi-
    10  fication  of employees or officers. Every five years, the governing body
    11  of each municipality that adopts a code of ethics shall review and, when
    12  deemed necessary, update its code of ethics.
    13    § 8. Subdivision 2 of section 806 of the  general  municipal  law,  as
    14  amended  by  chapter  238  of  the  laws  of 2006, is amended to read as
    15  follows:
    16    2. [The] Upon the adoption or amendment of a code of ethics by a muni-
    17  cipality, the chief executive officer of [a] the municipality  [adopting
    18  a  code  of  ethics] shall cause a paper or electronic copy [thereof] of
    19  such code or amendment to be distributed promptly to every  officer  and
    20  employee  of  his or her municipality and to the board of ethics for the
    21  municipality. In addition, such chief executive officer  shall  cause  a
    22  complete  and  current  copy  of the municipality's code of ethics to be
    23  posted on the municipality's website, if the  municipality  maintains  a
    24  website, and distributed (a) to every person who is elected or appointed
    25  to  serve as an officer or employee of the municipality promptly follow-
    26  ing such person's election or appointment, and (b) to all  the  officers
    27  and  employees of the municipality at least once every five years. Every
    28  municipal officer and employee receiving a copy of a code of  ethics  or
    29  amendment  thereto  shall acknowledge promptly in writing that he or she
    30  has received and read the code of ethics or amendment and such  acknowl-
    31  edgement shall be filed with the clerk or secretary of the municipality.
    32  The board of fire [district] commissioners of a fire district shall also
    33  cause a copy of the fire district's code of ethics, including any amend-
    34  ments  thereto, to be posted publicly and conspicuously in each building
    35  under such district's control. Failure to distribute any  such  copy  or
    36  failure  of  any  officer or employee to receive such copy shall have no
    37  effect on the duty of compliance with such code, nor the enforcement  of
    38  provisions thereof.
    39    §  9.  Section 806 of the general municipal law is amended by adding a
    40  new subdivision 3 to read as follows:
    41    3. The clerk of each municipality and of each  political  subdivision,
    42  as  defined in section eight hundred ten of this article, shall maintain
    43  as a record subject to public inspection:
    44    (a) a copy of the municipality's or political  subdivision's  code  of
    45  ethics and any amendments to any code of ethics;
    46    (b)  a  statement  that such municipality or political subdivision has
    47  established a board of ethics, in accordance with section eight  hundred
    48  eight of this article and/or pursuant to other law, charter, code, local
    49  law,  ordinance  or  resolution,  and  the  names of the members of such
    50  board; and
    51    (c) a copy of the form of annual  statement  of  financial  disclosure
    52  described  in  subdivision  one  of section eight hundred eleven of this
    53  article and either a statement of the date such  annual  statement  form
    54  was  promulgated  by local law, ordinance or resolution of the governing
    55  body, if adopted pursuant to subparagraph (i) of paragraph (a) of subdi-
    56  vision one of section eight hundred eleven of this article, or a  state-
        S. 5548--A                          6

     1  ment that the governing body has, by local law, ordinance or resolution,
     2  resolved  to  continue the use of an authorized form of annual statement
     3  of financial disclosure in use on the date such local law, ordinance  or
     4  resolution is adopted, if adopted pursuant to subparagraph (ii) of para-
     5  graph  (a)  of  subdivision  one of section eight hundred eleven of this
     6  article, and if as of January first,  nineteen  hundred  ninety-one,  no
     7  such form was promulgated and no such resolve was made to continue using
     8  an  existing  annual  statement form, a statement that the provisions of
     9  section eight hundred twelve of this article apply or that it is a muni-
    10  cipality which is not subject to the provisions of section eight hundred
    11  twelve of this article because it is  not  a  political  subdivision  as
    12  defined in section eight hundred ten of this article.
    13    §  10. Section 808 of the general municipal law, as amended by chapter
    14  1019 of the laws of 1970 and subdivision 5 as amended by chapter 490  of
    15  the laws of 2014, is amended to read as follows:
    16    §  808.  Boards  of  ethics.  1. [The governing body of any county may
    17  establish a county board of ethics and appropriate  moneys  for  mainte-
    18  nance and personal services in connection therewith. The members of such
    19  board  of ethics shall be appointed by such governing body except in the
    20  case of a county operating under an  optional  or  alternative  form  of
    21  county  government or county charter, in which case the members shall be
    22  appointed by the county executive or county manager, as the case may be,
    23  subject to confirmation by such governing body.  Such  board  of  ethics
    24  shall consist of at least three members, a majority of whom shall not be
    25  officers  or  employees  of  such  county  or  municipalities  wholly or
    26  partially located in such county and at least one of whom  shall  be  an
    27  elected or appointed officer or employee of the county or a municipality
    28  located  within  such county. The members of such board shall receive no
    29  salary or compensation for their services as members of such  board  and
    30  shall serve at the pleasure of the appointing authority] (a) The govern-
    31  ing body of (i) every county, (ii) every city, town and village having a
    32  population  of  twenty-five  thousand  or more, and (iii) every board of
    33  cooperative educational services (BOCES)  shall  establish  a  board  of
    34  ethics.  Thereafter,  the governing body shall appropriate annually such
    35  moneys as may be necessary for  the  board's  contractual  and  personal
    36  service  expenditures.    Except  as  provided  in paragraph (d) of this
    37  subdivision, such board shall have jurisdiction to act only in  relation
    38  to  the  officers  and  employees  of the county, city, town, village or
    39  BOCES that established the board.
    40    (b) The governing body of every municipality not  described  in  para-
    41  graph (a) of this subdivision is authorized, but not required, to estab-
    42  lish  a  board  of ethics. If such governing body establishes a board of
    43  ethics, the governing body shall appropriate annually such moneys as may
    44  be necessary for the board's contractual and personal  service  expendi-
    45  tures. Such board shall have jurisdiction to act only in relation to the
    46  officers and employees of the municipality that established the board.
    47    (c)  Two or more municipalities not described in paragraph (a) of this
    48  subdivision may enter into, amend, cancel, and terminate agreements  for
    49  the  establishment  of  a  cooperative  board of ethics. Such agreements
    50  shall be consistent with the requirements  of  article  five-G  of  this
    51  chapter,  except  as  otherwise provided in this section, including that
    52  (i) the power to enter into such agreements shall extend to all  munici-
    53  palities as defined in this article, and shall not be limited to munici-
    54  pal  corporations  and  districts  as  defined in article five-G of this
    55  chapter, and (ii) the duration of such agreements shall not  be  limited
    56  to  a maximum term of five years. Following the establishment of a coop-
        S. 5548--A                          7

     1  erative board of ethics, the governing bodies of the municipalities that
     2  are parties to the agreement establishing the  board  shall  appropriate
     3  annually such moneys as may be necessary for the board's contractual and
     4  personal  service  expenditures, in such amounts or proportion as may be
     5  provided in the agreement. A cooperative board of ethics  shall  be  the
     6  board  of  ethics  of each municipality that is a party to the agreement
     7  establishing the board, and shall  have  jurisdiction  to  act  only  in
     8  relation to the officers or employees of such municipalities.
     9    (d)  In  the  event  that a municipality described in paragraph (b) of
    10  this subdivision does not establish a board of ethics and is not a party
    11  to an agreement establishing a cooperative board of ethics:
    12    (i) in the case of a municipality other than a  school  district,  the
    13  board of ethics of the county in which the municipality is located shall
    14  serve  as the board of ethics of such municipality and have jurisdiction
    15  to act in relation to the officers and employees of  that  municipality,
    16  provided that if such a municipality is located in more than one county,
    17  the  governing  board  of the municipality by resolution shall designate
    18  the board of ethics of one of the counties to  serve  as  the  board  of
    19  ethics of the municipality;
    20    (ii)  in  the  case  of  a school district, other than the city school
    21  district of a city having a population of one hundred twenty-five  thou-
    22  sand or more, the board of ethics established by the BOCES of the super-
    23  visory  district  in which the school district is located shall serve as
    24  the board of ethics of such school district and have jurisdiction to act
    25  in relation to the officers and employees of such school district; and
    26    (iii) in the case of a city school district of a city having  a  popu-
    27  lation  of one hundred twenty-five thousand or more, the board of ethics
    28  established by the city in which the school district  is  located  shall
    29  serve  as the board of ethics of such school district and have jurisdic-
    30  tion to act in relation to the officers and  employees  of  such  school
    31  district.
    32    (e)  In the case of a municipality that has not established a board of
    33  ethics and is not a party to an  agreement  establishing  a  cooperative
    34  board of ethics:
    35    (i)  The chief executive officer of the municipality, annually, within
    36  thirty days following the start of the municipality's fiscal year, shall
    37  notify the appropriate county, BOCES or city board of ethics  that  such
    38  board  shall  serve  as  the  board of ethics for the municipality. Such
    39  notice shall be accompanied by  a  complete  and  current  copy  of  the
    40  municipality's  code  of  ethics.  At the time such notice is given, the
    41  chief executive officer shall also cause a copy  of  the  notice  to  be
    42  posted  on  the  municipality's website, if the municipality maintains a
    43  website, and in each public building under the jurisdiction of the muni-
    44  cipality in a place conspicuous to its officers and employees.
    45    (ii) If officers and employees of  the  municipality  are  subject  to
    46  annual financial disclosure requirements imposed in accordance with this
    47  article, such notice shall also be accompanied by a complete and current
    48  copy  of all local laws, ordinances, resolutions and regulations adopted
    49  by the municipality  relating  to  the  imposition,  administration  and
    50  enforcement of the filing requirement.
    51    (iii)  The governing body of the municipality, annually, within thirty
    52  days following the  start  of  the  municipality's  fiscal  year,  shall
    53  appoint  a  municipal representative to the appropriate county, BOCES or
    54  city board of ethics. The person appointed as  municipal  representative
    55  shall be a resident of the municipality, and shall be knowledgeable with
    56  respect  to  the  municipality's  code  of ethics and the municipality's
        S. 5548--A                          8

     1  annual financial disclosure requirements, if any. The  municipal  repre-
     2  sentative  shall receive notice of, and be entitled to participate, as a
     3  non-voting member, in all meetings, proceedings, deliberations and other
     4  activities  of  the  board that pertain to an officer or employee of the
     5  municipality. A municipal representative  shall  receive  no  salary  or
     6  compensation  for  his  or her services, but within amounts appropriated
     7  shall be reimbursed for actual and necessary expenses  incurred  in  the
     8  performance of his or her official duties.
     9    (f) In the event that a board of ethics established by a county, BOCES
    10  or city serves as the board of ethics for another municipality, and such
    11  municipality  shall either establish a board of ethics or become a party
    12  to an agreement establishing a cooperative board of  ethics,  the  chief
    13  executive  officer of the municipality shall notify the county, BOCES or
    14  city board of ethics of the date as of which such board shall no  longer
    15  serve  as  the  board  of ethics of the municipality.  Such notice shall
    16  either state that the municipality has  established  its  own  board  of
    17  ethics  or  identify  such cooperative board of ethics. At the time such
    18  notice is given, the chief executive officer shall also cause a copy  of
    19  the  notice  to  be posted on the municipality's website, if the munici-
    20  pality maintains a website, and in each public building under the juris-
    21  diction of the municipality in a place conspicuous to its  officers  and
    22  employees.   Promptly after the date specified in such notice, the coun-
    23  ty, BOCES or city board of ethics shall transfer  to  the  municipal  or
    24  cooperative  board of ethics all pending matters and records relating to
    25  the officers and employees of the municipality; provided, however,  that
    26  such county, BOCES, or city board of ethics shall have the discretion to
    27  retain  any  pending matter and records relating thereto until such time
    28  as the matter is resolved.
    29    (g) Every board of ethics shall consist of at least three  members,  a
    30  majority  of  whom  shall  not  be  municipal officers or employees. The
    31  members of every board of ethics shall serve for a fixed term of office,
    32  not to exceed five years. The length of such term  of  office  shall  be
    33  determined by the municipal governing body that establishes the board of
    34  ethics or specified in the agreement establishing a cooperative board of
    35  ethics,  provided  that such governing body or agreement may provide for
    36  the initial appointments to the board to be made  for  staggered  terms.
    37  Appointments to the board shall be made as follows:
    38    (i)  The members of a county board of ethics shall be appointed by the
    39  governing body of the county except in the case of  a  county  operating
    40  under  an  optional  or  alternative form of county government or county
    41  charter, in which case the members shall  be  appointed  by  the  county
    42  executive,  county  manager or county administrator, as the case may be,
    43  subject to confirmation by such governing body.
    44    (ii) The members of a board of ethics established  by  a  municipality
    45  other  than  a  county  shall  be appointed by the governing body of the
    46  municipality or by such person or body  as  may  be  designated  by  the
    47  governing body of the municipality.
    48    (iii)  The members of a cooperative board of ethics shall be appointed
    49  in the manner provided in the agreement establishing the board.
    50    2. [The] Every board of ethics shall render advisory opinions  to  the
    51  officers  and  employees  [of municipalities wholly or partly within the
    52  county] under the board's jurisdiction with respect to this article  and
    53  any code of ethics adopted pursuant hereto. Such advisory opinions shall
    54  be  rendered  pursuant  to  the  written  request of any such officer or
    55  employee under such rules and regulations as  the  board  may  prescribe
    56  [and shall have the advice of counsel employed by the board, or if none,
        S. 5548--A                          9

     1  the  county  attorney]. In addition, [it] the board may make recommenda-
     2  tions with respect to the drafting and adoption of a code of  ethics  or
     3  amendments thereto upon the request of the governing body of any munici-
     4  pality  [in the county] for which the board serves as the municipality's
     5  board of ethics, and perform such other functions relating to the admin-
     6  istration of this article as may be authorized by the governing body  or
     7  agreement  establishing the board including, but not limited to, provid-
     8  ing ethics training to the officers  and  employees  under  the  board's
     9  jurisdiction.
    10    3.  [The  governing  body  of any municipality other than a county may
    11  establish a local board of ethics and, where such governing body  is  so
    12  authorized,  appropriate moneys for maintenance and personal services in
    13  connection therewith. A local board shall have all the powers and duties
    14  of and shall be governed by the same conditions as  a  county  board  of
    15  ethics,  except  that  it  shall  act  only with respect to officers and
    16  employees of the municipality that has established such board or of  its
    17  agencies. The members of a local board shall be appointed by such person
    18  or  body  as may be designated by the governing body of the municipality
    19  to serve at the pleasure of the  appointing  authority  and  such  board
    20  shall  consist  of  at  least  three members, a majority of whom are not
    21  otherwise officers or employees of such municipality. Such  board  shall
    22  include  at  least  one  member who is an elected or appointed municipal
    23  officer or employee.
    24    4. The county board of ethics shall not act with respect to the  offi-
    25  cers  and  employees  of  any municipality located within such county or
    26  agency thereof, where such municipality has established its own board of
    27  ethics, except that the local board may at its option refer  matters  to
    28  the county board.
    29    5.] A board of ethics shall have the advice of counsel employed by the
    30  board  or,  if  none, the attorney for the municipality that established
    31  the board or, in the case of a cooperative board of ethics, such munici-
    32  pal attorney as may be designated  in  the  agreement  establishing  the
    33  cooperative board of ethics.
    34    4.  The  board  of  ethics  of  a political subdivision (as defined in
    35  section eight hundred ten of this article) and the board  of  ethics  of
    36  any  other municipality[,] which [is required by local law, ordinance or
    37  resolution to be, or which pursuant to legal authority, in practice  is,
    38  the  repository  for completed annual statements of financial disclosure
    39  shall file a statement with the clerk of its municipality,  that  it  is
    40  the  authorized  repository for completed annual statements of financial
    41  disclosure] requires filing of annual statements of financial disclosure
    42  pursuant to this article, shall receive, review  for  completeness,  and
    43  serve  as  repository for such annual statements and enforce such filing
    44  requirement.
    45    5. Each member of every board of ethics shall attend and  successfully
    46  complete  a  training  course the contents of which shall be approved by
    47  the state comptroller within two hundred seventy  days  of  his  or  her
    48  appointment or reappointment to the board; provided, however, that noth-
    49  ing  in  this subdivision shall be deemed to require a member of a board
    50  of ethics to successfully complete such training course more than  once.
    51  The  course  shall  contain  training  related to the provisions of this
    52  article, codes of ethics, annual financial disclosure and decisional law
    53  relating to conflicts of interest and ethics and such  other  topics  as
    54  the  comptroller deems advisable. When approved in advance of attendance
    55  by the governing body of the municipality establishing the board  or  in
    56  the  manner provided in an agreement establishing a cooperative board of
        S. 5548--A                         10

     1  ethics, the actual and necessary expenses incurred by a board member  in
     2  successfully completing the training required by this section shall be a
     3  charge  against  the municipality or the municipalities participating in
     4  the cooperative board of ethics as provided in such agreement.
     5    6.  The  provisions of this section shall not apply to a city having a
     6  population of one million or more or to a county,  school  district,  or
     7  other public agency or facility therein.
     8    §  11.  Subdivision  9 of section 810 of the general municipal law, as
     9  amended by chapter 490 of the laws  of  2014,  is  amended  to  read  as
    10  follows:
    11    9.  The term "appropriate body" or "appropriate bodies" shall mean the
    12  board of ethics [for the] of any political subdivision or municipality.
    13    § 12. Section 13 of chapter 946 of the  laws  of  1964,  amending  the
    14  general  municipal  law and other laws relating to conflicts of interest
    15  of municipal officers and employees, is amended to read as follows:
    16    § 13. Laws superseded. The provisions of article [eighteen] 18 of  the
    17  general  municipal  law, as added by this act, shall supersede any local
    18  law, charter, ordinance, resolution, rule or regulation of  any  munici-
    19  pality  to  the  extent  that such local law, charter, ordinance, resol-
    20  ution, rule or regulation is inconsistent with the  provisions  thereof.
    21  No  local law, ordinance, resolution, rule or regulation shall modify or
    22  dispense with any provision of article  [eighteen]  18  of  the  general
    23  municipal  law,  as  added  by this act; provided, however, that nothing
    24  [herein] contained in this section  shall  prohibit  a  code  of  ethics
    25  adopted  pursuant  thereto from supplementing the provisions of this act
    26  or from being more stringent than article 18 of  the  general  municipal
    27  law.
    28    § 13. Notwithstanding any general, special or local law to the contra-
    29  ry, the governing body of any municipality which has prior to the effec-
    30  tive  date  of this act:   (a) established a board of ethics pursuant to
    31  section 808 of the general municipal law; and (b) not established a term
    32  of office for the members of  such  board;  such  governing  body  shall
    33  establish  terms  of  office  for  the members of such board pursuant to
    34  paragraph (g) of subdivision 1 of section 808 of the  general  municipal
    35  law as added by section ten of this act to begin on a date no later than
    36  the  first  day of the municipality's fiscal year commencing in 2018 and
    37  on such date the positions on such  board  of  ethics  shall  be  deemed
    38  vacant,  provided  that  nothing  in  this section shall be construed to
    39  prohibit the reappointment of an incumbent board member for such term of
    40  office.
    41    § 14. Notwithstanding any general, special or local law to the contra-
    42  ry, any person serving as a member of  a  board  of  ethics  established
    43  pursuant  to  section  808 of the general municipal law on the effective
    44  date of  this  act  shall  successfully  complete  the  training  course
    45  required by subdivision 5 of section 808 of such law as added by section
    46  ten of this act within one year of the effective date of this act.
    47    § 15. This act shall take effect on the first of January next succeed-
    48  ing  the  date  on  which it shall have become a law; provided, however,
    49  that paragraph (d) of subdivision 1 of section 808 of the general munic-
    50  ipal law, as added by section ten of this act, shall take effect 1  year
    51  after such date.