Section 12-110. Annual disclosure  


Latest version.
  • a. Definitions. As used in this section:
        1.  The  term  "business  dealings with a state or local agency" shall
      mean any transaction with any state or local agency involving the  sale,
      purchase,  rental,  disposition  or  exchange  of any goods, services or
      property, any license, permit, grant or benefit, and any performance  of
      or  litigation  with  respect  to  any  of  the foregoing, but shall not
      include any transaction involving a public servant's  residence  or  any
      ministerial matter.
        2. The term "city employee" shall be defined as an employee of a city,
      county,  borough  or other office, position, administration, department,
      division, bureau, board, commission,  authority,  corporation  or  other
      agency of government, the expenses of which are paid in whole or in part
      from the city treasury and shall include but not be limited to employees
      of the New York city health and hospitals corporation, the New York city
      industrial  development agency, the offices of the district attorneys of
      the counties of Bronx, Kings, New York, Queens and Richmond, and of  the
      special  narcotics prosecutor, and the New York city housing development
      corporation.
        3. The "conflicts of interest  board"  shall  mean  the  conflicts  of
      interest  board  appointed pursuant to section twenty-six hundred two of
      the New York city charter.
        4. The  term  "domestic  partners"  shall  mean  persons  who  have  a
      registered  domestic  partnership,  which  shall include any partnership
      registered pursuant to section 3-240 of the administrative code  of  the
      city of New York.
        5. The term "independent body" shall mean any organization or group of
      voters  which nominates a candidate or candidates for office to be voted
      for at an election, and which is not a political  party  as  defined  in
      paragraph seven of this subdivision.
        6. The term "local political party official" shall mean:
        (1)  any chair of a county committee elected pursuant to section 2-112
      of the election law, or his or her successor  in  office,  who  received
      compensation  or  expenses,  or  both,  from  constituted  committee  or
      political  committee  funds,  or  both,  during  the  reporting   period
      aggregating thirty thousand dollars or more;
        (2) that person (usually designated by the rules of a county committee
      as  the  "county  leader"  or  "chair  of  the  executive committee") by
      whatever title designated,  who  pursuant  to  the  rules  of  a  county
      committee or in actual practice, possesses or performs any or all of the
      following   duties   or   roles,  provided  that  such  person  received
      compensation  or  expenses,  or  both,  from  constituted  committee  or
      political   committee  funds,  or  both,  during  the  reporting  period
      aggregating thirty thousand dollars or more:
        (i) the principal political, executive and administrative  officer  of
      the county committee;
        (ii)  the  power  of general management over the affairs of the county
      committee;
        (iii) the power to exercise the powers of  the  chair  of  the  county
      committee as provided for in the rules of the county committee;
        (iv)  the  power  to  preside  at all meetings of the county executive
      committee if such a committee is created by  the  rules  of  the  county
      committee  or exists de facto, or any other committee or subcommittee of
      the county committee vested by such rules with or having  de  facto  the
      power  of general management over the affairs of the county committee at
      times when the county committee is not in actual session;
        (v) the power to call a meeting of the  county  committee  or  of  any
      committee  or  subcommittee  vested  with  the rights, powers, duties or
    
      privileges of the county committee pursuant to the rules of  the  county
      committee, for the purpose of filling an office at a special election in
      accordance  with  section  6-114 of the election law, for the purpose of
      filling  a  vacancy  in accordance with section 6-116 of such law or for
      the purpose of filling a vacancy or vacancies in  the  county  committee
      which exist by reason of an increase in the number of election districts
      within  the  county  occasioned  by a change of the boundaries of one or
      more election  districts,  taking  effect  after  the  election  of  its
      members,  or  for  the  purpose  of  determining  the districts that the
      elected members shall represent until the next election  at  which  such
      members  of  such  committee  are elected; provided, however, that in no
      event shall such power encompass the power of a  chair  of  an  assembly
      district committee or other district committee smaller than a county and
      created  by the rules of the county committee, to call a meeting of such
      district committee for such purpose;
        (vi) the power to direct the treasurer of the party to expend funds of
      the county committee; or
        (vii) the power to procure from one  or  more  bank  accounts  of  the
      county  committee  the  necessary  funds  to  defray the expenses of the
      county committee.
        The terms "constituted committee" and "political committee" as used in
      this subparagraph shall have the same meanings  as  those  contained  in
      section 14-100 of the election law.
        7.  The  term  "political party" shall mean any political organization
      which at the last preceding election for governor polled at least  fifty
      thousand votes for its candidate for governor.
        8. The term "political organization" shall mean any political party as
      defined  in paragraph seven of this subdivision, or independent body, as
      defined in paragraph five of this subdivision, or any organization  that
      is affiliated with or a subsidiary of a party or independent body.
        9.  The  term  "relative"  shall  mean  the  spouse, domestic partner,
      parent, grandparent, child,  stepchild,  or  stepparent  of  the  person
      reporting,   or   any  person  who  is  the  direct  descendant  of  the
      grandparents of the person  reporting  or  of  the  spouse  or  domestic
      partner of the person reporting.
        10.  The  terms  "state  agency" and "local agency" shall be given the
      same meanings as such terms are given in section eight  hundred  ten  of
      the general municipal law.
        b.  Persons  required  to  file  a  financial  disclosure  report. The
      following persons shall file with the  conflicts  of  interest  board  a
      report,  in  such  form as the board shall determine, disclosing certain
      financial interests as hereinafter  provided.  Reports  filed  prior  to
      January  first,  two  thousand  six may be filed electronically, in such
      form as the  board  may  determine,  and  thereafter  shall,  except  as
      otherwise provided by the board in consultation with the filer's agency,
      be filed electronically, in such form as the board may determine:
        1. Elected and political party officials.
        (a)  Each  elected  officer  described  in sections four, twenty-four,
      twenty-five, eighty-one, ninety-one and eleven  hundred  twenty-five  of
      the  New  York  city  charter,  and  each local political party official
      described in paragraph six of subdivision a of this section, shall  file
      such report not later than May first of each year.
        (b)  A  local  political  party  official  required  to  file a report
      pursuant to subparagraph (a) of this paragraph who is  also  subject  to
      the  financial  disclosure  filing  requirements  of  subdivision two of
      section seventy-three-a of the  public  officers  law  may  satisfy  the
      requirements  of  paragraph one by filing with the conflicts of interest
      board a copy of the statement filed pursuant to section  seventy-three-a
    
      of the public officers law, on or before the filing deadline provided in
      such   section  seventy-three-a,  notwithstanding  the  filing  deadline
      otherwise imposed by paragraph one of this subdivision.
        2. Candidates for public office.
        (a) Each person, other than any person described in paragraph one, who
      has declared his or her intention to seek nomination or election and who
      has  filed  papers  or petitions for nomination or election, or on whose
      behalf a declaration or nominating paper or petition has  been  made  or
      filed  which has not been declined, for an office described in paragraph
      one of subdivision b of this section shall file such report on or before
      the last day for  filing  his  designating  petitions  pursuant  to  the
      election law.
        (b) Each person, other than any person described in paragraph one, who
      was a write-in candidate at the primary election for an office described
      in  paragraph  one  of  subdivision  b of this section and whose name is
      thereafter entered in the nomination book at  the  board  of  elections,
      shall file such report within twenty days after such primary election.
        (c) Each person, other than any person described in paragraph one, who
      has been designated to fill a vacancy in a designation or nomination for
      an  office  described  in paragraph one of subdivision b of this section
      shall  file  such  report  within  fifteen  days  after  a   certificate
      designating  such person to fill such vacancy is filed with the board of
      elections, or within  five  days  before  the  election  for  which  the
      certificate is filed, whichever is earlier.
        (d)  The  conflicts  of  interest board shall obtain from the board of
      elections lists of all candidates for the elected  positions  set  forth
      below,  and  from such lists, shall determine and publish lists of those
      candidates who have not, within ten days after  the  required  date  for
      filing such reports, filed the reports required by this section.
        3.  (a) The following categories of persons who had such status during
      the preceding calendar year  or  up  until  the  date  of  filing  their
      financial disclosure report shall be required to file a report not later
      than May first of each year:
        (1)  Each  agency  head,  deputy  agency  head, assistant agency head,
      member of any board or commission, other than a member of a board  or  a
      commission  who  serves  without compensation, provided, however, that a
      member of the New York city housing  development  corporation  shall  be
      deemed  to  be  a compensated member of such corporation for purposes of
      this section;
        (2) Each employee of the mayor's office, the city council, a  district
      attorney's  office,  the  office of the special narcotics prosecutor, or
      any other agency that does not employ M-level  mayor's  management  plan
      indicators  for  its managers, whose responsibilities on April thirtieth
      of  each  year  involve  the  independent  exercise  of  managerial   or
      policymaking   functions,  as  annually  determined  by  the  appointing
      authority of his or her agency, subject to review by  the  conflicts  of
      interest board;
        (3)  Each city employee, other than an employee of the mayor's office,
      the city council, a district attorney's office or the special  narcotics
      prosecutor's  office,  who,  on April thirtieth of each year, is paid in
      accordance with the mayor's management pay plan at level M4  or  higher,
      or who holds a policymaking position on such date, as defined by rule of
      the  conflicts  of interest board and as annually determined by the head
      of his or her agency, subject to review by  the  conflicts  of  interest
      board;
        (4)  Each  employee  whose  duties  at  any  time during the preceding
      calendar year involved the negotiation,  authorization  or  approval  of
      contracts,  leases,  franchises,  revocable  consents,  concessions  and
    
      applications for zoning  changes,  variances  and  special  permits,  as
      defined  by  rule  of  the  conflicts  of interest board and as annually
      determined by his or her agency head or employer, subject to  review  by
      the conflicts of interest board.
        (5)  Each  assessor  required  to  file  a  report solely by reason of
      section three hundred thirty-six of the real property tax law, provided,
      however, that the report filed by any such assessor shall be the  report
      prescribed by such section of the real property tax law;
        (6)  Any  other  person  required  by New York law to file a financial
      disclosure report with the conflicts of interest board.
        (b) Separation from service.
        (1)  Each  person  described  in  this  paragraph   shall,   following
      separation  from  service,  file such report for the portion of the last
      calendar year in which he or she served in his or  her  position  within
      sixty  days  of  his  or her separation from service or on the May first
      next succeeding, whichever is earlier, if such person met  the  criteria
      of this subparagraph on his or her last day of service. Each such person
      who  leaves  service prior to May first shall also file a report for the
      previous calendar year within sixty days of his or her  separation  from
      service or on the May first next succeeding, whichever is earlier.
        (2)  Each  person  who is terminating or separating from service shall
      not receive his or her final paycheck, and/or any lump  sum  payment  to
      which he or she may be entitled, until such person has complied with the
      requirements of this section.
        (3)  Each  elected  officer  and  each  local political party official
      described in paragraph six of subdivision a of this section shall, after
      leaving office, file such report for the previous calendar year, if such
      officer or local political party official has not previously filed  such
      report,  and shall file such report for the portion of the last calendar
      year in which he or she served in office, within sixty days  of  his  or
      her last day in office or on the May first next succeeding, whichever is
      earlier.
        c. Procedures involving the filing of financial disclosure reports.
        1.  Each agency shall file with the conflicts of interest board, prior
      to the date required for the  filing  of  reports,  a  list  of  persons
      obligated to report pursuant to this section.
        2.  Each  agency  head  shall  determine,  subject  to  review  by the
      conflicts of interest board, which  persons  within  the  agency  occupy
      positions  that  are described in clauses three and four of subparagraph
      (a) of paragraph three of subdivision b  of  this  section,  and  shall,
      prior  to the date on which the filing of the report is required, inform
      such employees of their obligation to report. The conflicts of  interest
      board   shall  promulgate  rules  establishing  procedures  whereby  any
      employee may seek review of the agency's determination that he or she is
      required to report.
        3. The speaker of the council, each district attorney and the  special
      narcotics prosecutor shall determine, subject to review by the conflicts
      of  interest  board,  which persons on their staff occupy positions that
      are described in clause two of subparagraph (a) of  paragraph  three  of
      subdivision b of this section, and shall, prior to the date required for
      the  filing of the reports, inform such employees of their obligation to
      report.
        4. The conflicts of interest board shall promulgate rules establishing
      procedures whereby  a  person  required  to  file  an  annual  financial
      disclosure  report may request an additional period of time within which
      to file such report, due to justifiable cause or  undue  hardship.  Such
      rules  shall include, but not be limited to, the establishment of a date
    
      beyond which in all cases of justifiable  cause  or  undue  hardship  no
      further extension of time will be granted.
        5.  Any  amendments  and changes to a financial disclosure report made
      after its filing shall be made on a separate form to be provided by  the
      conflicts  of interest board and attached to the report. Said form shall
      contain the corresponding page and  item  numbers  of  the  report,  the
      amendment,  the  signature  of  the person making such amendment and the
      initials of the chair of the board or his or  her  designee.  Amendments
      shall be made only by the person who originally filed such report.
        d.  Information to be reported. The report shall contain the following
      information:
        1. List the name  of  the  person  reporting;  his  or  her  title  or
      position;  the  entity by which he or she is employed; his or her office
      address and telephone number; list the  marital  status  of  the  person
      reporting,  and if married, list the spouse's full name including maiden
      name where applicable; indicate whether the person  is  a  member  of  a
      domestic  partnership, and if so, list the partner's full name; list the
      names of all unemancipated children. For purposes of this  section,  the
      term  "unemancipated  child"  shall  mean  any son, daughter, stepson or
      stepdaughter who is under age eighteen,  unmarried  and  living  in  the
      household  of  the  person  reporting, and shall also include any son or
      daughter of the spouse or domestic partner of such person who  is  under
      age eighteen, unmarried and living in the household of the person.
        2.   List  any  office,  trusteeship,  directorship,  partnership,  or
      position of any nature including honorary positions, whether compensated
      or not, held by the person reporting or his or her  spouse  or  domestic
      partner  or unemancipated child with any firm, corporation, association,
      partnership, or other organization other than the state of New York.  Do
      not  list  membership  positions.  If  the listed entity was licensed or
      regulated by any state or local agency, or engaged in business  dealings
      with, or had matters other than ministerial matters before, any state or
      local agency, list the name of such agency.
        3.  (a)  List  the  name,  address  and description of any occupation,
      trade, business, profession or employment,  other  than  the  employment
      listed  pursuant to paragraph one of this subdivision, engaged in by the
      person reporting. If such employer or business was licensed or regulated
      by any state or local agency, or engaged in business dealings  with,  or
      had  matters  other  than ministerial before, and state or local agency,
      list the name of any such agency.
        (b) If the spouse, domestic partner  or  unemancipated  child  of  the
      person  reporting  was  engaged  in  any  occupation, employment, trade,
      business or profession which activity was licensed or regulated  by  any
      state  or  local  agency,  or  engaged in business dealings with, or had
      matters other than  ministerial  matters  before,  any  state  or  local
      agency,  list  the  name,  address  and  description of such occupation,
      employment, trade, business or profession  and  the  name  of  any  such
      agency.
        4.  List  any positions the person reporting held as an officer of any
      political party or political organization, as a member of any  political
      party committee, or as a political party district leader.
        5.  If  the  person  reporting  practices  law,  is  licensed  by  the
      department of state as a real estate broker  or  agent  or  practices  a
      profession licensed by the state department of education, give a general
      description of the principal subject areas of matters undertaken by such
      person.  If the person reporting practices with a firm or corporation of
      which he or she is a partner or shareholder, give a general  description
      of  principal  subject  areas  of  matters  undertaken  by  such firm or
    
      corporation. Do not list the name of the individual  clients,  customers
      or patients.
        6.  (a)  Describe  the  terms  of,  and  the parties to, any agreement
      providing for  continuation  of  payments  or  benefits  to  the  person
      reporting  of  one  thousand dollars or more from a prior employer other
      than the city of New  York.  Such  description  of  an  agreement  shall
      include  interests in or contributions to a pension fund, profit-sharing
      plan,  life  or  health  insurance,  buy-out  agreements  or   severance
      payments, etc.
        (b)  Describe  the terms of, and the parties to, any contract, promise
      or agreement between the  person  reporting  and  any  person,  firm  or
      corporation  with  respect  to  the  employment of such reporting person
      after leaving his or her office or  position,  other  than  a  leave  of
      absence.
        7. List the nature and amount of any income of one thousand dollars or
      more from each source derived during the preceding calendar year, to the
      person  reporting or his or her spouse or domestic partner. For purposes
      of this paragraph, "income" shall include, but not be limited to, salary
      for government employment,  income  from  other  compensated  employment
      whether public or private, directorships and other fiduciary or advisory
      positions,   contractual   arrangements,  teaching  income,  partnership
      income,  lecture  fees,  consultant  fees,  bank  and   bond   interest,
      dividends,   income  derived  from  a  trust,  real  estate  rents,  and
      recognized gains from the sale or exchange of real  or  other  property.
      Income  from  a  business  or  profession and real estate rents shall be
      reported with the source identified by the building address in the  case
      of  real estate rents and otherwise by the name of the entity and not by
      the name of the individual  customers,  clients  or  tenants,  with  the
      aggregate  net  income before taxes for each building address or entity.
      The receipt of maintenance received in  connection  with  a  matrimonial
      action, alimony and child support payments shall not be listed.
        8.  List the source of each of the following items received or accrued
      during the preceding calendar year by the person reporting:
        (a) Any deferred income to be paid following the close of the calendar
      year for which this disclosure statement is filed, other than any source
      of income otherwise disclosed pursuant to subparagraph (a) of  paragraph
      nine  of  this  subdivision,  of  one thousand dollars or more from each
      source. Deferred income derived from the practice of a profession  shall
      be  listed  in  the  aggregate and shall be identified as to the source,
      including the name of the firm, corporation, partnership or  association
      through  which  the income was derived, but shall not include individual
      clients' identities.
        (b) Reimbursement to the person reporting or  his  or  her  spouse  or
      domestic  partner, for expenditures, excluding campaign expenditures and
      expenditures in connection with official duties reimbursed by the  city,
      of  one  thousand dollars or more in each instance. For purposes of this
      subparagraph, the term "reimbursements" shall  mean  any  travel-related
      expenses  provided  by  non-governmental sources, whether directly or as
      repayment, for activities related to  the  reporting  person's  official
      duties,  such  as  speaking  engagements,  conferences,  or fact-finding
      events, but shall not include gifts reported  pursuant  to  subparagraph
      (d) of this paragraph.
        (c) Honoraria received by the person reporting or his or her spouse or
      domestic  partner  from  a  single source in the aggregate amount of one
      thousand dollars or more.
        (d) Any gift, its value and nature, in the aggregate amount  or  value
      of  one  thousand dollars or more from any single source received by the
      person reporting, his or her spouse or domestic partner or unemancipated
    
      child, during the  preceding  calendar  year,  excluding  gifts  from  a
      relative,  except  as otherwise provided under the election law covering
      campaign contributions. For purposes  of  this  subparagraph,  the  term
      "gift"  shall not include reimbursements, as defined in subparagraph (b)
      of this paragraph.
        9. (a) List the identity and value, if  reasonably  ascertainable,  of
      each  interest  in  a  trust,  estate or beneficial interest held by the
      person reporting or his or her spouse or domestic partner, including but
      not limited to (1) retirement plans (other than retirement plans of  the
      state  of  New  York  or city of New York) and (2) deferred compensation
      plans established in accordance with the internal  revenue  code,  where
      the  person  reporting  or  his or her spouse or domestic partner held a
      beneficial interest of one thousand dollars or more during the preceding
      calendar year. Do not report interests in an estate  of  a  relative  or
      interests  in a trust or other beneficial interest established by or for
      a relative or by or for the estate of a relative.
        (b) List each assignment of income of one thousand  dollars  or  more,
      and each transfer other than to a relative during the preceding calendar
      year  for  less  than  fair consideration of an interest of one thousand
      dollars or more, in a  trust,  estate,  or  other  beneficial  interest,
      securities  or  real  property,  by  the  person  reporting, which would
      otherwise be required to be reported herein and is not or has  not  been
      reported.
        10. List any interest of one thousand dollars or more, excluding bonds
      and  notes,  held by the person reporting, his or her spouse or domestic
      partner or the reporting person's unemancipated child, or partnership of
      which any such person is a member, or corporation,  ten  per  centum  or
      more  of  the  stock of which is owned or controlled by any such person,
      whether vested or contingent, in any contract  made  or  executed  by  a
      state  or  local agency. Include the name of the entity which holds such
      interest and the relationship of the person reporting,  or  his  or  her
      spouse  or  domestic  partner or unemancipated child, to such entity and
      the interest in such contract. Do not list  any  interest  in  any  such
      contract  on which final payment has been made and all obligations under
      the contract, except for guarantees and warranties, have been performed,
      provided, however, that such an interest shall be listed  if  there  has
      been  an  ongoing  dispute  during  the  calendar  year  for  which this
      statement is filed with respect to any such guarantees or warranties. Do
      not list any interest in a contract made or executed by a  state  agency
      after public notice and pursuant to a process for competitive bidding or
      a process for competitive requests for proposals.
        11.  List  the  name, principal address and general description or the
      nature of the business activity  of  any  entity  in  which  the  person
      reporting  or his or her spouse or domestic partner had an investment of
      one thousand dollars or more, excluding investments  in  securities  and
      interests in real property.
        12.  List  the  type and market value of securities held by the person
      reporting or his or her spouse or domestic  partner  from  each  issuing
      entity,  valued  at  one  thousand  dollars  or more at the close of the
      preceding calendar year, including  the  name  of  the  issuing  entity,
      exclusive  of  securities  held  by  the  person  reporting  issued by a
      professional corporation. Whenever  an  interest  in  securities  exists
      through  a  beneficial  interest in a trust, the securities held in such
      trust shall be  listed  only  if  the  person  reporting  has  knowledge
      thereof,  except  where  the  person  reporting  or his or her spouse or
      domestic partner has transferred assets to such trust  for  his  or  her
      benefit;  in  that  event the securities shall be listed unless they are
      not ascertainable by the person reporting because the trustee  is  under
    
      an  obligation  or  has  been  instructed in writing not to disclose the
      contents of the trust to the person reporting. Securities of  which  the
      person  reporting  or his or her spouse or domestic partner is the owner
      of record but in which he or she has no beneficial interest shall not be
      listed.  Where the person or his or her spouse or domestic partner holds
      more than five per centum of the stock of a publicly held corporation or
      more than ten per centum of a privately held corporation, percentage  of
      ownership  shall  be  listed.  List  any securities owned for investment
      purposes by a corporation more than fifty per centum  of  the  stock  of
      which  is  owned  or  controlled  by  the person reporting or his or her
      spouse or domestic partner. For purposes  of  this  paragraph  the  term
      "securities"  shall  mean bonds, mortgages, notes, obligations, warrants
      and stocks of any class, investment  interests  in  limited  or  general
      partnerships  and  certificates  of deposits and such other evidences of
      indebtedness and certificates of interest as are usually referred to  as
      securities.  The market value for such securities shall be reported only
      if reasonably ascertainable and shall not be reported if the security is
      an interest in a general partnership that was listed in  paragraph  five
      of  this subdivision or if the security is corporate stock, not publicly
      traded, in a trade or business of the reporting person  or  his  or  her
      spouse or domestic partner.
        13.  List the location, size, general nature, acquisition date, market
      value and percentage of ownership of any  real  property  in  which  any
      vested  or  contingent interest of one thousand dollars or more was held
      by the person reporting or his or her spouse or domestic partner  during
      the  preceding  calendar  year.  List real property owned for investment
      purposes by a corporation more than fifty per centum  of  the  stock  of
      which  is  owned  or  controlled  by  the person reporting or his or her
      spouse or domestic partner. Do not list any real property which  is  the
      primary  or  secondary personal residence of the reporting person or his
      or her spouse or domestic partner, except where there is a co-owner  who
      is other than a relative.
        14.  List  the  identity  of  each note or account receivable or other
      outstanding loan in the amount of one thousand dollars or more  held  by
      the person reporting or his or her spouse or domestic partner during the
      preceding  calendar  year,  including  debts  secured by a mortgage, and
      other secured and unsecured debts. List the name of the debtor, type  of
      obligation,  date due and the nature of the collateral, if any, securing
      payment for each such debt. Debts, notes and accounts receivable owed to
      the person reporting or his or her  spouse  or  domestic  partner  by  a
      relative shall not be reported.
        15.  List  each  creditor  to  whom the person reporting or his or her
      spouse or  domestic  partner  was  indebted,  for  a  period  of  ninety
      consecutive  days  or  more during the preceding calendar year, and each
      such creditor to whom any debt was owed on the date  of  filing,  in  an
      amount of five thousand dollars or more. Debts to be listed include real
      estate   mortgages  and  other  secured  and  unsecured  loans.  If  any
      reportable liability has been guaranteed by any third person,  list  the
      name  of  such  guarantor.  Do  not  list  liabilities  incurred  by, or
      guarantees made by, the  person  reporting  or  his  or  her  spouse  or
      domestic partner or by any proprietorship, partnership or corporation in
      which such person has an interest, when incurred or made in the ordinary
      course  of  trade,  business  or  professional  practice of such person.
      Include the name of the creditor and  any  collateral  pledged  by  such
      individual  to  secure  payment  of  any such liability. Do not list any
      liability to  a  relative  or  any  obligation  to  pay  maintenance  in
      connection with a matrimonial action, alimony or child support payments.
      Revolving  charge  account  information  shall  only be set forth if the
    
      liability thereon is in excess of five thousand dollars for a period  of
      ninety  consecutive  days or more during the preceding calendar year, or
      if the liability thereon is in excess of five thousand dollars as of the
      time  of filing. Any loan issued in the ordinary course of business by a
      financial institution to finance educational costs,  the  cost  of  home
      purchase  or  improvements  for  a  primary  or  secondary residence, or
      purchase of a personally owned motor  vehicle,  household  furniture  or
      appliances shall be excluded.
        16. Whenever a "value" or "amount" is required to be reported pursuant
      to  this section, such value or amount shall be reported as being within
      one of the following categories: (a) at least one thousand  dollars  but
      less  than five thousand dollars; (b) at least five thousand dollars but
      less than thirty-two thousand dollars,  or  such  other  amount  as  the
      conflicts of interest board shall set pursuant to subdivision sixteen of
      section  twenty-six  hundred one and subdivision a of section twenty-six
      hundred three of the charter; (c) at least thirty-two thousand  dollars,
      or  such  other  amount  as  the  conflicts  of interest board shall set
      pursuant to subdivision sixteen of section twenty-six  hundred  one  and
      subdivision  a  of  section twenty-six hundred three of the charter, but
      less than sixty thousand dollars; (d) at least  sixty  thousand  dollars
      but  less  than  one  hundred thousand dollars; (e) at least one hundred
      thousand dollars but less than two hundred fifty thousand  dollars;  (f)
      at  least  two hundred fifty thousand dollars but less than five hundred
      thousand dollars; and (g) five hundred thousand dollars or more.
        e.  Public  inspection  of   reports   and   privacy   considerations.
      Information   filed  in  reports  required  by  this  section  shall  be
      maintained by  the  conflicts  of  interest  board  and  shall  be  made
      available  for  public  inspection, upon written request on such form as
      the board shall prescribe, subject to the following provisions:
        1. Privacy, safety and security requests.
        (a) Any person required to file a report pursuant to this section may,
      at the time the report is filed or at any time thereafter, except when a
      request for inspection is pending, submit a request to the conflicts  of
      interest board, in such form as the board shall require, to withhold any
      item  disclosed  therein  from  public inspection on the ground that the
      inspection of such item by the public would  constitute  an  unwarranted
      invasion  of  his  or her privacy or a risk to the safety or security of
      any person. Such request shall be in writing and shall be in  such  form
      as  the  conflicts of interest board shall prescribe and shall set forth
      the reason such person believes the item should not be disclosed.
        (b) The conflicts of interest board shall evaluate  such  request  and
      any such item shall be withheld from public inspection upon a finding by
      the  board  that  the  inspection  of  such  item  by  the  public would
      constitute an unwarranted invasion of privacy or a risk to the safety or
      security of any person. In making this determination,  the  board  shall
      consider the following factors:
        (1) whether the item is of a highly personal nature;
        (2) whether the item in any way relates to the duties of the positions
      held  by  such  person,  including  whether there are security or safety
      issues relating to such duties;
        (3) whether the disclosure poses a risk to the security or  safety  of
      the reporting person or any other individual;
        (4)  whether  the  item  involves  an  actual or potential conflict of
      interest.
        (c)  The  conflicts  of  interest  board  shall  provide   a   written
      notification  of  the  board's determination to the person who requested
      that information be  withheld  from  public  inspection  and  shall  not
      release  the  information subject to the request until at least ten days
    
      after mailing of the notification. Such notification  shall  advise  the
      person  of  his or her right to seek review of such determination by the
      supreme court of the state  of  New  York  and  that  the  conflicts  of
      interest  board  will not release the information subject to the request
      until ten days after the mailing of the notification.
        (d) Any information regarding any financial interests of  the  spouse,
      domestic  partner  or an unemancipated child of a person filing in which
      the person filing has no  financial  interest  shall  be  withheld  from
      public  inspection  as  an  unwarranted  invasion  of privacy unless the
      conflicts of interest board determines that such information involves an
      actual or potential conflict of interest  on  the  part  of  the  person
      filing,  subject  to  the  factors  set  forth  in  subparagraph  (b) of
      paragraph one of this subdivision.
        (e) Whether or not a person required to file a report pursuant to this
      section has submitted a request for privacy, the conflicts  of  interest
      board  may  upon  its own initiative grant privacy as to any information
      contained in such person's report upon a finding by the board  that  the
      release  of  such  information  would constitute a risk to the safety or
      security of any person.
        (f) Where a person required to file a report pursuant to this  section
      files  an  amendment to a previously submitted report, both the original
      submission and the amendment shall be available for  public  inspection,
      subject to the provisions of this subdivision.
        (g)  The  conflicts  of  interest  board  shall  establish  procedures
      governing the withholding of information on the ground of privacy.  Such
      procedures  shall  include  provision  for  the  person  who  filed  the
      information to appear in person  to  set  forth,  or  submit  a  written
      statement  setting  forth,  the  reasons  why  the information should be
      withheld from public inspection.
        2. Requests to examine reports. Whenever pursuant to this section  the
      conflicts of interest board produces a report for public inspection, the
      board shall notify the person who filed the report of the production and
      of  the  identity of the person to whom such report was produced, except
      that no such notification shall be required if the  request  to  examine
      the   report   is  made  by  the  department  of  investigation  or  any
      governmental unit, or component thereof, which performs as  one  of  its
      principal  functions  any  activity  pertaining  to  the  enforcement of
      criminal laws, provided that such report is requested solely for  a  law
      enforcement  function.  Nothing  in  this  section  shall  preclude  the
      conflicts of interest board from disclosing any and all information in a
      financial disclosure report to the department of  investigation  or  any
      other  governmental unit, or component thereof, which performs as one of
      its principal functions any activity pertaining to  the  enforcement  of
      criminal  laws,  provided that such report is requested solely for a law
      enforcement function.
        f. Retention of reports. Reports filed pursuant to this section  shall
      be retained by the conflicts of interest board for a period of two years
      following  the  termination  of  the public employment of the person who
      filed the report. In the case of candidates for office  who  have  filed
      reports  pursuant  to this section and who were not elected, the reports
      shall be retained by the board for a period of two years  following  the
      day   of   an   election   on   which   the  candidates  were  defeated.
      Notwithstanding the foregoing,  the  board,  in  consultation  with  the
      department  of  records  and  information services and the department of
      investigation, may establish by rule a different period  or  periods  of
      retention  of  financial disclosure reports which takes into account the
      need for efficient records  management  and  the  need  to  retain  such
      reports  for  a  reasonable period for investigatory and other purposes.
    
      Such reports shall thereafter be destroyed by the board unless a request
      for public disclosure of an item contained in such report is pending. In
      lieu of the destruction of such reports, the board, in  its  discretion,
      may  establish  procedures providing for their return to the persons who
      filed them.
        g. Penalties.
        1. Any person required to file a report pursuant to this  section  who
      has  not  so  filed  at  the end of one week after the date required for
      filing shall be subject to a fine of not less  than  two  hundred  fifty
      dollars  or  more than ten thousand dollars. Factors to be considered by
      the conflicts of interest board in determining the amount  of  the  fine
      shall  include but not be limited to the person's failure in prior years
      to file a report in a timely manner, and the  length  of  the  delay  in
      filing.   In addition, two weeks after the date required for filing, the
      conflicts of interest board shall inform the appropriate agency and  the
      commissioner of investigation of the failure to file of any such person.
        2.  Any  intentional  violation  of  the  provisions  of this section,
      including but not limited to failure to file, failure to include  assets
      or  liabilities,  and  misstatement  of  assets  or  liabilities,  shall
      constitute a misdemeanor punishable by imprisonment for  not  more  than
      one  year  or  by a fine not to exceed one thousand dollars, or by both,
      and shall constitute grounds for imposition of  disciplinary  penalties,
      including  removal  from  office  in  the  manner  provided  by  law. In
      addition, any intentional violation of the provisions  of  this  section
      may  subject  the  person  reporting  to  assessment by the conflicts of
      interest board of a civil  penalty  in  an  amount  not  to  exceed  ten
      thousand dollars.
        3.  Any intentional and willful disclosure of confidential information
      that is contained in a report filed in accordance with this section,  by
      a  city  officer  or  employee  or  by any other person who has obtained
      access to such a report or confidential information  contained  therein,
      shall  constitute  a misdemeanor punishable by imprisonment for not more
      than one year or a fine not to exceed one thousand dollars, or by  both,
      and  shall  constitute grounds for imposition of disciplinary penalties,
      including removal from office in the manner provided by law.
        4.  The  conflicts  of  interest  board  shall  establish   procedures
      governing  the  receipt  of  complaints  alleging  a  violation  of this
      section.