Section 810. Additional definitions  


Latest version.
  • As  used  in sections eight hundred
      eleven, eight hundred twelve and eight hundred thirteen of this article:
        1. The term "political subdivision" shall mean a county, city, town or
      village having a population of fifty thousand or more and shall  include
      a city with a population of one million or more.
        2. The term "local elected official" shall mean an elected official of
      the  political  subdivision,  except  judges  or justices of the unified
      court system.
        3. The term "local officer or employee" shall mean  the  heads  (other
      than  local  elected  officials)  of  any  agency, department, division,
      council, board, commission, or bureau of  a  political  subdivision  and
      their  deputies  and  assistants, and the officers and employees of such
      agencies,  departments,  divisions,  boards,  bureaus,  commissions   or
      councils who hold policy-making positions, as annually determined by the
      appointing  authority  and set forth in a written instrument which shall
      be filed with the appropriate body during the month of February;  except
      that  the  term  "local  officer  or  employee"  shall not mean a judge,
      justice, officer or employee  of  the  unified  court  system.  Members,
      officers  and  employees  of  each  industrial  development  agency  and
      authority shall be deemed officers or employees  of  the  county,  city,
      village   or  town  for  whose  benefit  such  agency  or  authority  is
      established.
        4. The term  "state  agency"  shall  mean  any  state  department,  or
      division,  board,  commission,  or  bureau  of any state department, any
      public benefit corporation, public authority or commission at least  one
      of  whose  members is appointed by the governor, or the state university
      of New York or the city university of  New  York,  including  all  their
      constituent   units   except  community  colleges  and  the  independent
      institutions operating statutory or contract colleges on behalf  of  the
      state.
        5.  The  term "spouse" shall mean the husband or wife of the reporting
      individual  unless  living  separate  and  apart  from   the   reporting
      individual  with  the intention of terminating the marriage or providing
      for permanent separation or unless separated pursuant to: (a) a judicial
      order,  decree  or  judgment,  or  (b)  a  legally  binding   separation
      agreement.
        6. The term "local political party official" shall mean:
        (a)  any  chairman  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;
        (b) that person (usually designated by the rules of a county committee
      as  the  "county  leader"  or  "chairman 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 chairman 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  chairperson  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; and
        (c)  the  city,  town or village chairman or leader of a city, town or
      village committee of a party as the term party  is  defined  in  section
      1-104  of  the  election  law,  but only with respect to a city, town or
      village having a population of fifty thousand or more, and only if  such
      chairman  or  leader  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. The term
      chairman or leader is intended to refer to the person who  performs  the
      functions  and duties of the chief official of a party in the city, town
      or village by whatever title designated.
        The terms "constituted committee" and "political committee",  as  used
      in this subdivision six, shall have the same meanings as those contained
      in section 14-100 of the election law.
        7.  The  term  "relative"  shall mean such individual's spouse, child,
      stepchild, stepparent, or any person who is a direct descendant  of  the
      grandparents   of   the   reporting   individual  or  of  the  reporting
      individual's spouse.
        8. 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 reporting individual.
        9. The term "appropriate body" or "appropriate bodies" shall mean:
        (a) in the case of any political  subdivision  which  has  created  or
      hereafter creates a board of ethics which is in existence at the time an
      annual  statement  of  financial  disclosure  is due, and which has been
      designated by local law, ordinance or resolution to  be  the  repository
      for such completed statements, such board of ethics;
        (b)  in  the  case  of  any political subdivision which has created or
      hereafter creates a board of ethics which is in existence at the time an
      annual statement of financial disclosure is due, and which has not  been
      designated  by  local  law, ordinance or resolution to be the repository
      for such completed statements, the temporary state commission  on  local
      government ethics;
    
        (c)  in  the  case  of any political subdivision for which no board of
      ethics is in existence at the time  an  annual  statement  of  financial
      disclosure  is  due,  the temporary state commission on local government
      ethics.
        10.  The  term  "regulatory  agency"  shall  have  the same meaning as
      ascribed to such term by subdivision one of section seventy-three of the
      public officers law.
        11. The term "ministerial matter"  shall  have  the  same  meaning  as
      ascribed to such term by subdivision one of section seventy-three of the
      public officers law.
        12. The term "local agency" shall mean:
        (a)  any  county,  city,  town,  village,  school district or district
      corporation, or any agency, department, division, board,  commission  or
      bureau thereof; and
        (b) any public benefit corporation or public authority not included in
      the definition of a state agency.