Section 3-223. Penalties


Latest version.
  • (a)  Except as provided for in subdivision (b) of
      this section, any person or  organization  who  knowingly  and  wilfully
      violates  any  provision of this subchapter shall be guilty of a class A
      misdemeanor. In addition to such  criminal  penalties,  said  person  or
      organization  shall  be  subject to a civil penalty, in an amount not to
      exceed thirty thousand dollars, to be assessed by the city clerk, or  an
      order  to  cease  all lobbying activities subject to the jurisdiction of
      the city clerk for a period of time as determined by said clerk  not  to
      exceed sixty days, or both such civil penalty and order.
        (b)  Any  person or organization who violates a cease and desist order
      of the city clerk issued under subdivision a of this section  or  enters
      into  a contingency agreement or accepts or pays any contingency fees as
      proscribed in section 3-218 of this subchapter, shall  be  guilty  of  a
      class A misdemeanor. In addition to such criminal penalties, said person
      or organization shall be subject to a civil penalty, in an amount not to
      exceed thirty thousand dollars, to be assessed by the city clerk.
        (c)  The  city clerk shall designate by rule penalties for late filing
      of any statement or report required  by  this  subchapter,  which  shall
      conform  with  the  schedule established by the New York Temporary State
      Commission on Lobbying, or any  successor  thereto,  for  such  charges.
      Following  a  failure to make and file any such statement or report, the
      city clerk shall notify the person  or  organization  of  such  fact  by
      certified  mail  that  such filing must be made within fourteen business
      days of the date of mailing of such notice.  The  failure  to  file  any
      statement  or  report  within  such  time  shall  constitute  a  class A
      misdemeanor. In addition to  such  criminal  and  late  penalties,  said
      person or organization shall be subject to a civil penalty, in an amount
      not to exceed twenty thousand dollars, to be assessed by the city clerk.
      For  the  purposes of this subdivision, the chief administrative officer
      of any organization required to file a statement or report shall be  the
      person responsible for making and filing such statement or report unless
      some other person prior to the due date thereof has been duly designated
      to make and file such statement or report.
        (d)  Any  person  or  organization  who violates any provision of this
      subchapter not punishable under subdivisions (a), (b)  or  (c)  of  this
      section  shall be subject to a civil penalty, in an amount not to exceed
      twenty thousand dollars, to be assessed by the city clerk.
        (e) Any civil penalty to be assessed under  subdivision  (d)  of  this
      section,  or any order issued under subdivision (a) of this section, may
      only be imposed or issued after written  notice  of  violation  and  the
      expiration  of  fourteen  business days from the date of mailing of such
      notice. If such violation is cured within such fourteen-day period, then
      such civil penalty or order shall not be imposed or issued.
        (f) The amount of any assessment made  or  duration  of  order  issued
      pursuant  to  this  section  shall be determined only after a hearing at
      which the party shall be entitled to appear and be heard. Any assessment
      imposed under this section may be recovered in an action brought by  the
      corporation counsel.
        (g)  The  city  clerk  shall be charged with the duty of reviewing all
      statements and reports required under this  subchapter  for  violations,
      and  it shall be his duty, if he deems such to be wilful, to report such
      determination to the department of investigation. Where the  city  clerk
      receives  a  report  or  otherwise suspects that a criminal violation of
      law, other than a violation of this subchapter, has  been  or  may  have
      been  committed,  the  city  clerk shall report any information relating
      thereto to the department of investigation.
        (h) The department of investigation shall provide  assistance  to  the
      city clerk for the purpose of training personnel who are responsible for
    
      the administration and enforcement of the provisions of this subchapter.
      The  city  clerk  shall  develop  compliance  programs for lobbyists and
      clients.