NY-PBO Public Officers Law NY

Short title. This chapter shall be known as the "Public Officers

Law."

Definitions. The term "state officer" includes every officer for

whom all the electors of the state are entitled to vote, members of the

legislature, justices of the supreme court, regents of the university,

and every officer, appointed by one or more state officers, or by the

legislature, and authorized to exercise his official functions

throughout the entire state, or without limitation to any political

subdivision of the state, except United States senators, members of

congress, and electors for president and vice-president of the United

States. The term "local officer" includes every other officer who is

elected by the electors of a portion only of the state, every officer of

a political subdivision or municipal corporation of the state, and every

officer limited in the execution of his official functions to a portion

only of the state. The office of a state officer is a state office. The

office of a local officer is a local office.

Qualifications for holding office. 1. No person shall be capable

of holding a civil office who shall not, at the time he or she shall be

chosen thereto, have attained the age of eighteen years, except that in

the case of youth boards, youth commissions, recreation commissions, or

community boards in the city of New York only, members of such boards or

commissions may be under the age of eighteen years, but must have

attained the age of sixteen years on or before appointment to such youth

board, youth commission, recreation commission, or community board in

the city of New York, be a citizen of the United States, a resident of

the state, and if it be a local office, a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen, or within which the electors electing him or her

reside, or within which his or her official functions are required to be

exercised, or who shall have been or shall be convicted of a violation

of the selective draft act of the United States, enacted May eighteenth,

nineteen hundred seventeen, or the acts amendatory or supplemental

thereto, or of the federal selective training and service act of

nineteen hundred forty or the acts amendatory thereof or supplemental

thereto.

1-a. (i) No person shall be capable of holding a civil office who

shall stand convicted of a felony defined in article two hundred or four

hundred ninety-six or section 195.20 of the penal law.

(ii) Any individual who stands convicted of a misdemeanor defined in

article two hundred, article four hundred ninety-six or section 195.00

of the penal law may not hold civil office for a period of five years

from the date of conviction, provided that in the event such conviction

is the result of a plea agreement resulting in a plea to such charge in

lieu of a plea or conviction of a felony defined in section 195.20,

article two hundred or article four hundred ninety-six of the penal law,

all parties to such agreement may agree that the period of such bar may

be for a period of up to ten years from the date of conviction.

2. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

apply to the appointment of a person as a member of the police force of

any political subdivision or municipal corporation of the state if such

person resides (a) in the county in which such political subdivision or

municipal corporation is located; or (b) in a county within the state

contiguous to the county in which such political subdivision or

municipal corporation is located; or (c) in a county within the state

contiguous to such political subdivision or municipal corporation; or

(d) in a county within the state contiguous to a county described in

item (c) hereof where the former is less than fifteen miles from such

political subdivision or municipal corporation, measured from their

respective nearest boundary lines; or (e) in a county within the state

contiguous to a county described in item (d) hereof where the former is

less than thirty miles from such political subdivision or municipal

corporation, measured from their respective nearest boundary lines.

2-a. Neither the provisions of this section, nor of any general,

special or local law, charter, code, ordinance, resolution, rule or

regulation, requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall apply to the appointment of a member of the department

of sanitation of any municipality of the state who resides in a county

within the state contiguous to such municipality. A member of the

department of sanitation of any political subdivision or municipal

corporation who has five or more years of service or in the case of a

member of the department of sanitation in a city with a population of

one million or more who has two or more years of service to such city

may reside (a) in a county in which such political subdivision or

municipal corporation is located; or (b) in a county within the state

contiguous to the county in which such political subdivision or

municipal corporation is located; or (c) in a county within the state

contiguous to such political subdivision or municipal corporation; or

(d) in a county within the state which is not more than fifteen miles

from such political subdivision or municipal corporation.

* 2-b. Neither the provisions of this section, nor of any general,

special or local law, charter, code, ordinance, resolution, rule or

regulation, requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall apply to the appointment of an officer or employee of

the parole commission of an municipality of the state if such person

resides (a) in a county in which such political subdivision or municipal

corporation is located; or (b) in a county within the state contiguous

to the county in which such political subdivision or municipal

corporation is located; or (c) in a county within the state contiguous

to such political subdivision or municipal corporation; or (d) in a

county within the state contiguous to a county described in item (c)

hereof where the former is less than fifteen miles from such political

subdivision or municipal corporation, measured from their respective

nearest boundary lines.

* NB There are 2 sub 2-b's

* 2-b. Neither the provisions of this section, nor of any general,

special or local law, charter, code, ordinance, resolution, rule or

regulation, requiring a person to be a resident of the political

subdivision of the state for which he shall be chosen, shall apply to

the appointment of a person, as an emergency special deputy sheriff, by

the sheriff of a county who has declared a state of special emergency

pursuant to section two hundred nine-f of the general municipal law, if

such person is at the time either a regular, part time or special deputy

sheriff of another county.

* NB There are 2 sub 2-b's

2-c. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state within which his or her official

functions are required to be exercised, shall apply to a person who is a

member of the police department of the city of Yonkers on the effective

date of this subdivision. Every such person may reside any place within

the counties of Westchester, Dutchess and Orange.

2-d. Neither the provisions of this section nor of any general,

special or local law, charter, code, ordinance, resolution, rule or

regulation, requiring a person to be a resident of the political

subdivision or municipal corporation of the state by which he or she is

employed, shall apply to a person who is employed as a deputy sheriff by

the city of New York and who resides (a) in a county within the state

contiguous to such municipality; or (b) in a county within the state

contiguous to a county described in paragraph (a) of this subdivision.

2-e. Neither the provisions of this section, nor of any general,

special or local law, charter, code, ordinance, resolution, rule or

regulation, requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which such

person's official functions are required to be exercised, shall apply to

the appointment of a person as a correction recruit, correction officer,

correction corporal, correction sergeant, correction lieutenant,

correction captain, correction colonel, chief of corrections, assistant

warden, or warden by a sheriff's department or local correctional

facility of any political subdivision or municipal corporation in the

counties of Rockland and Orange if such person resides: (a) in the

counties of Rockland and Orange; or (b) in a county within the state

contiguous to the counties of Rockland and Orange.

3. Nothing herein contained shall operate to prevent a person

regularly admitted to practice as an attorney and counsellor in the

courts of record of this state, whose office for the practice of law is

within the state, from accepting or retaining an appointment as a notary

public, as provided in section one hundred thirty of the executive law,

although he resides in or removes to an adjoining state. For the

purposes of accepting and retaining an appointment as a notary public

such person shall be deemed a resident of the county where he maintains

such office for the practice of law.

3-a. Nothing herein contained shall operate to prevent a person

regularly admitted to practice as an attorney and counsellor in the

courts of record of this state, whose office for the practice of law is

within the city of New York, from accepting or retaining an appointment

as a commissioner of deeds in and for the city of New York, as provided

in section one hundred forty of the executive law, although he resides

in or removes to another city in this state or to an adjoining state.

For the purposes of accepting and retaining an appointment as a

commissioner of deeds in and for the city of New York, such person shall

be deemed a resident of the county where he maintains such office.

4. Except as otherwise provided in subdivision nine of this section,

persons heretofore or hereafter employed in the paid fire department of

a city, town, village or fire district shall not be deemed to be holding

a civil office or a local office within the meaning of this section and

the provisions of this section shall not apply to such persons. The

provisions of any general, special or local law, city or village

charter, code or ordinance, or any rule or regulation requiring a person

to be a resident of the political subdivision or municipal corporation

of the state for which he shall be chosen or within which his official

functions are required to be exercised shall not apply to the

appointment or continuance in office of any such person so employed, if

such person resides in the county, or one of the counties, in which such

political subdivision or municipal corporation is located.

5. Volunteer firefighters and volunteer fire officers of a fire

department or any company or unit thereof shall not be deemed to be

holding a civil office or a local office within the meaning of this

section and the provisions of this section shall not apply to such

volunteer firefighters and volunteer fire officers. This subdivision

shall not be deemed to amend, modify or supersede any other general,

special or local law, city or village charter, code or ordinance, or any

rule or regulation governing any such fire department, which prescribes

the qualifications which a person must have to be a volunteer

firefighter or a volunteer fire officer of a political subdivision or

municipal corporation.

6. The provisions of this section requiring a person to be a resident

of the political subdivision or municipal corporation of the state for

which he shall be chosen or within which his official functions are

required to be exercised, shall not apply to the appointment of trustees

of a public village library, who reside outside the village in which

such library is located.

7. Nothing herein contained shall operate to prevent a person

regularly admitted to practice as an attorney and counsellor in the

courts of record of this state, whose office for the practice of law is

within the state, from accepting or retaining an appointment as a

commissioner of deeds in and for the city of New York, as provided in

section one hundred forty of the executive law, although he resides in

or removes to any other county in the state or an adjoining state. For

the purposes of accepting and retaining an appointment as a commissioner

of deeds such person shall be deemed a resident of the county where he

maintains such office for the practice of law.

8. The provisions of this section requiring a person to be a resident

of the political subdivision or municipal corporation of the state for

which he shall be chosen, or within which his official functions are

required to be exercised, shall not apply in the case of any probation

officers heretofore or hereafter appointed; nor shall they be applicable

in the case of any other persons heretofore or hereafter appointed to

non-judicial positions in the courts in this state, except those

appointed to positions in courts for towns, villages and cities outside

the city of New York. This subdivision shall not be deemed to amend,

modify or supersede any other general, special or local law, charter,

code or ordinance, or any rule or regulation which prescribes the

qualifications which a person must have to be appointed to a position

referred to herein.

9. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall apply to the appointment of a paid member of the

uniformed force of a paid fire department, who, for purposes of this

section shall include persons employed as fire alarm dispatchers, or to

the appointment of any person employed in a department of correction in

the correction service classification of the classified civil service,

or to the appointment of officers and inspectors who are employees of a

department of health of any city of over one million population who

resides (a) in the county in which such city is located; or (b) in a

county within the state contiguous to the county in which said city is

located; or (c) in a county within the state contiguous to such city; or

(d) in a county within the state which is not more than fifteen miles

from said city.

9-a. The provisions of this section requiring a person to be a

resident of the state shall not apply to any person employed as a

correction officer trainee or correction officer who is employed at a

state correctional facility.

10. Neither the provisions of this section, nor of any general,

special or local law, charter, code or ordinance, resolution, rule or

regulation, requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall apply to the appointment of a member of a drug abuse

prevention council of any municipality of the state if such person

resides in a county in which such political subdivision or municipal

corporation is located.

11. In the city of Salamanca the provisions of this section requiring

a person to be a resident of the political subdivision or municipal

corporation of the state for which he shall be chosen or within which

his official functions are required to be exercised, shall not prevent a

person regularly admitted to practice as an attorney or counsellor in

the courts of record of this state from holding the office of city

attorney or city justice of the city of Salamanca, if such person

resides in the county in which such city is located.

11-a. In the city of Salamanca the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of city

comptroller of the city of Salamanca, if such person resides in the

county in which such city is located.

12. The provisions of this section or of any other provision of law

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not apply to the appointment of public officers in the city of Troy,

except the city manager of such city, provided that such appointed

officers are residents of the county of Rensselaer.

13. In the city of Hudson the provisions of this section requiring a

person to be a resident of the political subdivision or municipal

corporation of the state for which he shall be chosen or within which

his official functions are required to be exercised, shall not prevent a

person from holding the office of city court judge of the city of

Hudson, provided that such person resides in the county in which such

city is located.

14. In the town of Mount Pleasant, Westchester county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of town

engineer of the town of Mount Pleasant, provided that such person

resides in the county in which such town is located or an adjoining

county within the state of New York.

15. In the town of North Castle, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of town

engineer, the office of town building inspector or the office of

receiver of taxes of the town of North Castle, provided that such person

resides in the county in which such town is located or an adjoining

county within the state of New York.

16. In the town of New Castle, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of town

superintendent of highways or town engineer of the town of New Castle,

provided that such person resides in the county in which such town is

located or an adjoining county within the state of New York or such town

provides by resolution that such person need not be a resident of such

town, but must be a resident of New York state.

17. In the town of North Salem, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town building inspector or deputy town building inspector of

the town of North Salem, provided that such person resides in the county

in which such town is located, an adjoining county, or the county of

Dutchess, within the state of New York. Provided, however, the persons

performing the functions of town building inspector and deputy town

building inspector in any other town shall be a resident of such town,

unless otherwise provided by law.

18. In the town of Mount Pleasant, Westchester county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of

comptroller or building inspector of the town of Mount Pleasant,

provided that such person resides in the county in which such town is

located or an adjoining county within the state of New York.

19. Any person who resides in this state and who is currently employed

as a member of the police force, a paid member of the uniformed force of

a paid fire department or department of corrections in the correctional

service classification of the classified civil service, of a city of

over one million population, shall be exempt from the provisions of

subdivisions one, two and nine of this section upon compliance with the

procedure set forth in this subdivision. Any person seeking to benefit

from the exemption created by this subdivision shall notify his

respective employer in writing of said intention within thirty days from

the effective date of this subdivision and shall specify his then

current residence address. The exemption created by this subdivision

shall be applicable only to said actual designated residence and not to

any residence that any subject currently employed member may thereafter

establish; provided, however, that any such currently employed member

who resides outside this state shall have one year from the effective

date of this subdivision within which to establish residence as required

pursuant to subdivisions one, two and nine of this section and comply

with the notice requirements of this subdivision. Said residence shall

constitute a lawful residence for all purposes notwithstanding any

provision to the contrary of any general, special or local law, charter,

code, ordinance, resolution, rule or regulation.

* 20. In the town of Carmel, Putnam county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of town engineer of the

town of Carmel or the office of wetlands inspector of the town of Carmel

provided that such person resides in the county in which such town is

located or an adjoining county within the state of New York.

* NB There are 4 sub 20's

* 20. In the town of Bolivar, Allegany county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of town superintendent of

highways of the town of Bolivar, provided that such person resides in

the county in which such town is located.

* NB There are 4 sub 20's

* 20. In the city of Ithaca, Tompkins county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of member of the board of

fire commissioners of the city of Ithaca, provided that such person

resides in the county in which such city is located and within the town

of Ithaca.

* NB There are 4 sub 20's

* 20. In the town of Mamaroneck, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

town clerk of the town of Mamaroneck, provided that such person resides

in the county in which such town is located or an adjoining county

within the state of New York.

* NB There are 4 sub 20's

21. In the town of Lewisboro, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of town

engineer of the town of Lewisboro provided that such person resides in

the county in which such town is located or an adjoining county within

the state of New York.

22. In the town of Lewisboro, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of town

building inspector or deputy town building inspector of the town of

Lewisboro provided that such person resides within the state of New

York.

23. In the town of Sweden, Monroe county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of court clerk of the town

of Sweden, provided that such person resides in the county in which such

town is located or an adjoining county within the state of New York.

* 24. In the town of Greenburgh, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised shall not prevent a person from holding any appointed public

office, provided that such person resides in the state of New York.

* NB There are 3 sub 24's

* 24. In the town of Ogden, Monroe county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of court clerk of the town

of Ogden, provided that such person resides in the county in which such

town is located or an adjoining county within the state of New York.

* NB There are 3 sub 24's

* 24. In the towns of Aurora, Holland and Marilla, Erie county, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

shall be chosen or within which his official functions are required to

be exercised, shall not prevent a person from holding the office of

court clerk to the justices of the towns of Aurora, Holland and Marilla

provided that such person resides in the county in which such town is

located or an adjoining county within the state of New York.

* NB There are 3 sub 24's

25. In the town of Patterson, Putnam county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of wetlands inspector

provided that such person resides in the county in which such town is

located or an adjoining county within the state of New York.

26. In the town of Ithaca, Tompkins county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of town engineer of the

town of Ithaca provided that such person resides in the county in which

such town is located or an adjoining county within the state of New

York.

27. In the town of Bedford, Westchester county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of court clerk, deputy

court clerk or any position within the court clerk's office of the town

of Bedford.

28. In respect to public officers employed by Westchester county, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised shall not prevent a person from holding any

appointed public office, provided that such person resides in the state

of New York.

29. In the town of Somers, Westchester county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of town engineer of the

town of Somers.

31. In the town of Victor, Ontario county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of court

clerk of the town of Victor, provided that such person resides in an

adjoining town in the county in which such town is located.

* 32. In the village of Penn Yan, Yates county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of justice court clerk of

the village of Penn Yan, provided that such person resides in the county

in which such village is located or an adjoining county within the state

of New York.

* NB There are 2 sub 32's

* 32. In the town of North East, Dutchess county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of town

engineer of the town of North East, provided that such person resides in

the county in which such town is located or an adjoining county within

the state of New York.

* NB There are 2 sub 32's

33. In the Flint Creek Small Watershed Protection district in the

counties of Ontario and Yates, the provisions of this section requiring

a person to be a resident of the political subdivision or municipal

corporation of the state for which he shall be chosen or within which

his official functions are required to be exercised, shall not prevent a

person from holding a district office, provided that such person owns

real property within the district boundaries.

* 34. In the town of Hamlin, county of Monroe, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of court

clerk of the town of Hamlin, provided that such person resides in the

county in which such town is located or an adjoining county within the

state of New York.

* NB There are 3 sub 34's

* 34. In the village of Goshen, Orange county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of treasurer of the village

of Goshen, provided that such person resides within the state of New

York.

* NB There are 3 sub 34's

* 34. In the town of Grove, Allegany county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of town

justice of the town of Grove, provided that such person resides in the

county in which such town is located. Provided, however, the person

performing the functions of town justice in any other town shall be a

resident of such town unless otherwise provided by an act of the state

legislature.

* NB There are 3 sub 34's

* 35. Nothing herein contained shall operate to prevent an otherwise

qualified officer or agent of any society for the prevention of cruelty

to children in Rockland county from accepting or retaining appointment

as a peace officer with such society when such officer or agent

satisfies the provisions as to residence set forth in subdivision two of

this section.

* NB Repealed August 11, 2027

36. In the village of Arkport, Steuben county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of clerk/treasurer of the

village of Arkport, provided that such person resides in the county in

which such village is located or an adjoining county within the state of

New York.

37. In the town of Independence, Allegany county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which such person

shall be chosen or within which such person's official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Independence, provided that such

person resides in the county in which such town is located. Provided,

however, the person performing the functions of town justice in any

other town shall be a resident of such town, unless otherwise provided

by an act of the state legislature.

38. In the county of Yates, the provisions of this section requiring a

person to be a resident of the political subdivision or municipal

corporation of the state for which such person shall be chosen or within

which such person's official functions are required to be exercised,

shall not prevent a person from holding the office of assistant district

attorney of the county of Yates, other than the first assistant district

attorney, provided that such person resides in Yates county, an

adjoining county within the state of New York, or within Chemung county.

38-a. In the county of Yates, the provisions of this section requiring

a person to be a resident of the political subdivision or municipal

corporation of the state for which such person shall be chosen or within

which such person's official functions are required to be exercised,

shall not prevent a person regularly admitted to practice as an attorney

or counselor in the courts of record of this state from holding the

office of assistant public defender of the county of Yates, provided

that such person resides in the county of Yates, an adjoining county

within the state of New York, or within Chemung county.

39. In the town of Birdsall, Allegany county, the provisions of this

section requiring a person to be a resident of the political subdivision

of municipal corporation of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of town

justice of the town of Birdsall, provided that such person resides in

the county in which such town is located. Provided, however, the person

performing the functions of town justice in any other town shall be a

resident of such town, unless otherwise provided by an act of the state

legislature.

* 40. In the town of West Union, Steuben county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which such person

shall be chosen or within which such person's official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of West Union, provided that such

person resides in the county in which such town is located. Provided,

however, the person performing the functions of town justice in any

other town shall be a resident of such town, unless otherwise provided

by an act of the state legislature.

* NB There are 4 sub 40's

* 40. In the town of Granger, Allegany county, the provisions of this

section requiring a person to be a resident of the political subdivision

of municipal corporation of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of town

justice of the town of Granger, provided that such person resides in the

county in which such town is located. Provided, however, the person

performing the functions of town justice in any other town shall be a

resident of such town, unless otherwise provided by an act of the state

legislature.

* NB There are 4 sub 40's

* 40. In the town of Somers, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within his official functions are required to be exercised,

shall not prevent a person from holding the office of town building

inspector provided that such person resides in the county in which such

town is located or an adjoining county within the state of New York.

* NB There are 4 sub 40's

* 40. In the town of Pound Ridge, Westchester county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of town

superintendent of highways of the town of Pound Ridge provided that such

person resides in the county in which such town is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of town superintendent of highways in

any other town shall be a resident of such town, unless otherwise

provided by an act of the state legislature.

* NB There are 4 sub 40's

* 41. In the county of Putnam, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

sheriff in Putnam county, provided, however, that such person performing

the duties and functions of deputy sheriff resides in Putnam county or

any adjoining county within New York state unless otherwise provided by

an act of the state legislature.

* NB There are 3 sub 41's

* 41. In the town of Somers, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within his official functions are required to be exercised,

shall not prevent a person from holding the office of court clerk of the

town of Somers provided that such person resides in the county in which

such town is located or an adjoining county within the state of New

York.

* NB There are 3 sub 41's

* 41. In the town of Pound Ridge, Westchester county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of town

building inspector of the town of Pound Ridge provided that such person

resides in the county in which such town is located or an adjoining

county within the state of New York. Provided, however, the person

performing the functions of town building inspector in any other town

shall be a resident of such town, unless otherwise provided by an act of

the state legislature.

* NB There are 3 sub 41's

* 42. In the county of Putnam, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of

correction officer in Putnam county, provided, however, that such person

performing the duties and functions of correction officer resides in

Putnam county or any adjoining county within New York state unless

otherwise provided by an act of the state legislature.

* NB There are 2 sub 42's

* 42. In the town of Pound Ridge, Westchester county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within which his official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

building inspector of the town of Pound Ridge provided that such person

resides in the county in which such town is located or an adjoining

county within the state of New York. Provided, however, the person

performing the functions of deputy building inspector in any other town

shall be a resident of such town, unless otherwise provided by an act of

the state legislature.

* NB There are 2 sub 42's

* 43. In the city of Jamestown, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding such office of director of public

works in the city of Jamestown, provided that such person resides in the

county in which such city is located.

* NB There are 2 sub 43's

* 43. In the town of Ogden, Monroe county, the provisions of this

section requiring a person to be a resident of a political subdivision

or municipal corporation of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

building inspection and code enforcement officer of the town of Ogden

provided that such person resides in the county in which such town is

located. Provided, however, the person performing the functions of

building inspection and code enforcement officer in any other town shall

be a resident of such town, unless otherwise provided by law.

* NB There are 2 sub 43's

* 44. In the county of Tioga, the provisions of this section requiring

a person to be a resident of the political subdivision or municipal

corporation of the state for which such person shall be chosen or within

which such person's official functions are required to be exercised,

shall not prevent a person from holding the office of correction officer

in Tioga county, provided, however, that such person performing the

duties and functions of correction officer resides in Tioga county or

any adjoining county within New York state, unless otherwise provided by

an act of the state legislature.

* NB There are 4 sub 44's

* 44. In the town of Hamlin, Monroe county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporations of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of town

building inspector/code enforcement officer of the town of Hamlin

provided that such person resides in the county in which such town is

located or an adjoining county within the state of New York. Provided,

however, the person performing the functions of town building

inspector/code enforcement officer in any other town shall be a resident

of such town, unless otherwise provided by an act of the state

legislature.

* NB There are 4 sub 44's

* 44. In the town of Clarkson, in the county of Monroe, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of building inspector in the town of Clarkson provided that such

person resides in the county in which such town is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of building inspector in any other town

shall be a resident of such town, unless otherwise provided by law.

* NB There are 4 sub 44's

* 44. In the county of Madison, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of assistant district

attorney of the county of Madison, provided that such person resides in

Madison county or an adjoining county within the state of New York.

* NB There are 4 sub 44's

* 45. In the town of Hamlin, Monroe county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of town

fire marshall of the town of Hamlin provided that such person resides in

the county in which such town is located or an adjoining county within

the state of New York. Provided, however, the person performing the

functions of town fire marshall in any other town shall be a resident of

such town, unless otherwise provided by an act of the state legislature.

* NB There are 2 sub 45's

* 45. In the town of Clarkson, in the county of Monroe, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of code enforcement officer in the town of Clarkson provided that

such person resides in the county in which such town is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of code enforcement officer in any other

town shall be a resident of such town, unless otherwise provided by law.

* NB There are 2 sub 45's

* 46. In the town of Andover, in the county of Allegany, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Andover, provided that such person

resides in the county in which such town is located. Provided, however,

the person performing the functions of town justice in any other town

shall be a resident of such town, unless otherwise provided by law.

* NB There are 3 sub 46's

* 46. In the town of Somers, Westchester county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he shall be

chosen or within his official functions are required to be exercised,

shall not prevent a person from holding the office of town building

inspector provided that such person resides in the county in which such

town is located, Dutchess county, or an adjoining county to Westchester

county, within the state of New York.

* NB There are 3 sub 46's

* 46. In the city of Mechanicville the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of acting

judge of the city court of Mechanicville, provided that such person

resides in the county of Saratoga.

* NB There are 3 sub 46's

47. In the town of Somers, Westchester county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he shall be chosen or

within his official functions are required to be exercised, shall not

prevent a person from holding the office of court clerk of the town of

Somers provided that such person resides in the county in which such

town is located, Dutchess county, or an adjoining county to Westchester

county, within the state of New York.

* 48. In the town of Colesville, in the county of Broome, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk of the town of Colesville, provided that such

person resides in the county in which such town is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of court clerk in any other town shall

be a resident of such town, unless otherwise provided by law.

* NB There are 3 sub 48's

* 48. In the county of Fulton, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

sheriff in Fulton county, provided, however, that such person performing

the duties and functions of deputy sheriff resides in Fulton county or

any adjoining county within New York state unless otherwise provided by

an act of the state legislature.

* NB There are 3 sub 48's

* 48. In the county of Montgomery, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

sheriff in Montgomery county, provided, however, that such person

performing the duties and functions of deputy sheriff resides in

Montgomery county or any adjoining county within New York state unless

otherwise provided by an act of the state legislature.

* NB There are 3 sub 48's

* 49. In the county of Madison, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

sheriff of the county of Madison, provided that such person resides in

Madison county or an adjoining county within New York state, unless

otherwise provided by an act of the state legislature.

* NB There are 7 sub 49's

* 49. In the county of Tompkins, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

sheriff in Tompkins county, provided, however, that such person

performing the duties and functions of deputy sheriff resides in

Tompkins county or any adjoining county within New York state unless

otherwise provided by an act of the state legislature.

*NB There are 7 sub 49's

* 49. In the village of Trumansburg, in the county of Tompkins, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk-treasurer and deputy clerk of the village of

Trumansburg, provided that such person resides in the county in which

such village is located or an adjoining county within the state of New

York. Provided, however, the person performing the functions of village

clerk-treasurer and deputy clerk in any other village shall be a

resident of such village, unless otherwise provided by an act of the

state legislature.

* NB There are 7 sub 49's

* 49. In the town of Copake, in the county of Columbia, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk or deputy court clerk of the town of Copake,

provided that such person resides in the county in which such town is

located or an adjoining county within the state of New York. Provided,

however, the persons performing the functions of court clerk and deputy

court clerk in any other town shall be a resident of such town, unless

otherwise provided by law.

* NB There are 7 sub 49's

* 49. In the town of Barker, in the county of Broome, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk of the town of Barker, provided that such person

resides in the county in which such town is located or an adjoining

county within the state of New York. Provided, however, the person

performing the functions of court clerk in any other town shall be a

resident of such town, unless otherwise provided by law.

* NB There are 7 sub 49's

* 49. In the town of Maine, in the county of Broome, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of building inspector/code enforcement of the town of Maine,

provided that such person resides in the county in which such town is

located or an adjoining county within the state of New York.

* NB There are 7 sub 49's

* 49. In the town of Nanticoke, in the county of Broome, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk of the town of Nanticoke, provided that such

person resides in the county in which such town is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of court clerk in any other town shall

be a resident of such town, unless otherwise provided by law.

* NB There are 7 sub 49's

* 50. In the city of Peekskill, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person regularly admitted to practice as

an attorney or counselor in the courts of record of this state from

holding the office of city court judge for the city of Peekskill, if

such person resides in Westchester county unless otherwise provided by

an act of the state legislature.

* NB There are 5 sub 50's

* 50. In the town of Kirkwood, in the county of Broome, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk of the town of Kirkwood, provided that such person

resides in the county in which such town is located or an adjoining

county within the state of New York. Provided, however, the person

performing the functions of court clerk in any other town shall be a

resident of such town, unless otherwise provided by law.

* NB There are 5 sub 50's

* 50. In the town of Big Flats, in the county of Chemung, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of assessor, town attorney or director of building

inspection/code enforcement office in the town of Big Flats, provided

that such person resides in the county in which such town is located or

an adjoining county within the state of New York. Provided, however, any

person performing such functions or holding such offices in any other

town shall be a resident of such town, unless otherwise provided by law.

* NB There are 5 sub 50's

* 50. In the county of Nassau, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

sheriff in the county of Nassau, provided that such person performing

the duties and functions of deputy sheriff resides in Nassau county or

any adjoining county within New York state, unless otherwise provided by

an act of the state legislature.

* NB There are 5 sub 50's

* 50. In the county of Schuyler, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of assistant district

attorney of the county of Schuyler, other than the chief assistant

district attorney, provided that such person resides in Schuyler county

or an adjoining county within the state of New York.

* NB There are 5 sub 50's

* 51. In the village of Honeoye Falls, in the county of Monroe, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of code enforcement officer and building inspector of the village

of Honeoye Falls, provided that such person resides in the county in

which such village is located or an adjoining county within the state of

New York. Provided, however, the person performing the functions of code

enforcement officer and building inspector in any other village shall be

a resident of such village, unless otherwise provided by an act of the

state legislature.

* NB There are 3 sub 51's

* 51. In the town of Maine, in the county of Broome, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk of the town of Maine, provided that such person

resides in the county in which such town is located or an adjoining

county within the state of New York. Provided, however, the person

performing the functions of court clerk in any other town shall be a

resident of such town, unless otherwise provided by law.

* NB There are 3 sub 51's

* 51. In the village of Deposit, in the counties of Broome and

Delaware, the provisions of this section requiring a person to be a

resident of the political subdivision or municipal corporation of the

state for which he or she shall be chosen or within which his or her

official functions are required to be exercised, shall not prevent a

person from holding the office of village clerk-treasurer, deputy

clerk-treasurer or court clerk of the village of Deposit, provided that

such person resides in the county in which such village is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of village clerk-treasurer, deputy

clerk-treasurer or court clerk in any other village shall be a resident

of such village, unless otherwise provided by an act of the state

legislature.

* NB There are 3 sub 51's

52. In the county of Schuyler, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he shall be chosen or

within which his official functions are required to be exercised, shall

not prevent a person from holding the office of deputy sheriff of the

county of Schuyler, provided that such person resides in Schuyler county

or an adjoining county within the state of New York, unless otherwise

provided by law.

* 53. In the town of Wellsville, in the county of Allegany, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Wellsville, provided that such

person resides in a town which adjoins such town and which is in the

county of Allegany. Provided, however, the person performing the

functions of town justice in any other town shall be a resident of such

town, unless otherwise provided by law.

* NB There are 2 sb 53's

* 53. In the county of Montgomery, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Montgomery, provided that

such person resides in Montgomery county or an adjoining county within

the state of New York; provided, however that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney or

chief assistant district attorney, the holder of which would assume the

duties of the district attorney upon the district attorney's absence

from the county or upon the district attorney's inability to perform his

or her duties.

* NB There are 2 sb 53's

* 54. In the village of Wellsville, in the county of Allegany, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice of the village of Wellsville, provided that

such person resides in the town of Wellsville. Provided, however, the

person performing the functions of village justice in any other village

shall be a resident of such village unless otherwise provided by law.

* NB There are 2 sb 54's

* 54. In the town of Lewisboro, in the county of Westchester, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town wetlands inspector. Provided, however, the person

performing the functions of town wetlands inspector in any other town

shall be a resident of such town, unless otherwise provided by law.

* NB There are 2 sb 54's

* 55. In the county of Putnam, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Putnam, provided that such

person resides in Putnam county or an adjoining county within the state

of New York; provided, however that any person performing such functions

or holding the office of assistant district attorney in any other county

shall be a resident of such county unless otherwise provided by law. The

provisions of this subdivision shall not apply to any person holding the

office of first assistant district attorney or chief assistant district

attorney, the holder of which would assume the duties of the district

attorney upon the district attorney's absence from the county or upon

the district attorney's inability to perform his or her duties.

* NB There are 5 sb 55's

* 55. In the county of Fulton, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Fulton, provided that such

person resides in Fulton county or an adjoining county within the state

of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney or

chief assistant district attorney, the holder of which would assume the

duties of the district attorney upon the district attorney's absence

from the county or upon the district attorney's inability to perform his

or her duties.

* NB There are 5 sb 55's

* 55. In the county of Putnam, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of the

deputy county attorney of the county of Putnam, provided that such

person resides in Putnam county or an adjoining county within the state

of New York; provided, however that any person performing such functions

or holding the office of the deputy county attorney in any other county

shall be a resident of such county unless otherwise provided by law.

* NB There are 5 sb 55's

* 55. In the town of Gerry, in the county of Chautauqua, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk of the justice court of the town of Gerry,

provided that such person resides in the county in which such town is

located or an adjoining county, within the state of New York. Provided,

however, the person performing the functions of court clerk in the

justice court in any other town shall be a resident of such town, unless

otherwise provided by law.

* NB There are 5 sb 55's

* 55. In the town of Poughkeepsie, in the county of Dutchess, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen, or within which his or her official function is

required to be exercised, shall not prevent a person from holding the

office of town comptroller of the town of Poughkeepsie; provided that

said person resides in the county in which such town is located or an

adjoining county within the state of New York. Provided, however, that

the persons performing such functions in any other town shall be

electors of such town unless otherwise provided by law.

* NB There are 5 sb 55's

* 56. In the town of Willing, in the county of Allegany, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Willing, provided that such person

resides in a town which adjoins such town and which is in the county of

Allegany. Provided, however, the person performing the functions of town

justice in any other town shall be a resident of such town, unless

otherwise provided by law.

* NB There are 2 sub 56's

* 56. In the town of Windsor, in the county of Broome, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within his or her official functions are required to

be exercised, shall not prevent a person from holding the office of town

building inspector and code enforcement officer provided that such

person resides in the county in which such town is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of town building inspector in any other

town shall be an elector of such town, unless otherwise provided by an

act of the state legislature.

* NB There are 2 sub 56's

57. In the village of Sag Harbor, in the county of Suffolk, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice of the village of Sag Harbor, provided that

such person resides in the town of East Hampton or the town of

Southampton. Provided, however, the person performing the functions of

village justice in any other village shall be a resident of such village

unless otherwise provided by law.

* 58. In the village of Haverstraw, in the county of Rockland, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of assessor of the village provided that such person resides in

the county in which such village is located or an adjoining county

within the state of New York. Provided, however, the person performing

the functions of village assessor in any other village shall be an

elector of such village, unless otherwise provided by law.

* NB There are 4 sub 58's

* 58. In the village of Aurora, in the county of Cayuga, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of clerk of the village provided that such person resides in the

county in which such village is located or an adjoining county within

the state of New York. Provided, however, the person performing the

functions of village clerk in any other village shall be an elector of

such village, unless otherwise provided by an act of the state

legislature.

* NB There are 4 sub 58's

* 58. In the town of Benson, in the county of Hamilton, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Benson, provided that such person

resides in a town which adjoins such town. Provided, however, the person

performing the functions of town justice in any other town shall be a

resident of such town, unless otherwise provided by law.

* NB There are 4 sub 58's

* 58. In the town of Genesee, in the county of Allegany, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Genesee, provided that such person

resides in a town which is in the county of Allegany. Provided, however,

the person performing the functions of town justice in any other town

shall be a resident of such town, unless otherwise provided by law.

* NB There are 4 sub 58's

* 59. In the incorporated village of West Hampton Dunes, in the county

of Suffolk, the provisions of this section requiring a person to be a

resident of the political subdivision or municipal corporation of the

state for which he or she shall be chosen or within which his or her

official functions are required to be exercised, shall not prevent a

person from holding the office of constable of the incorporated village

of West Hampton Dunes provided such person resides in the county of

Suffolk, state of New York. Provided that the person performing the

functions of constable in any other village shall be a resident of such

village unless otherwise provided by law.

* NB There are 3 sb 59's

* 59. In the town of Fishkill, in the county of Dutchess, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of comptroller of the town of Fishkill, provided that such person

resides in the state of New York. Provided, however, the person

performing the functions of comptroller in any other town shall be a

resident of such town, unless otherwise provided by law.

* NB There are 3 sb 59's

* 59. In the town of Cambria, in the county of Niagara, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen, or within which his or her official function is

required to be exercised, shall not prevent a person from holding the

office of building inspector of the town of Cambria; provided that said

person resides in the county in which such town is located or an

adjoining county within the state of New York.

* NB There are 3 sb 59's

* 60. In the village of Macedon, county of Wayne, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of clerk/treasurer of the village of Macedon, provided that such

person resides in the county of Wayne or an adjoining county within the

state of New York. Provided, however, the persons performing the

functions of clerk/treasurer in any other village shall be a resident of

such village, unless otherwise provided by law.

* NB There are 7 sb 60's

* 60. In the town of Kirkwood, in the county of Broome, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town code enforcement officer/building inspector of the town

of Kirkwood, provided that such person resides in the county of Broome

or an adjoining county within the state of New York. Provided, however,

the persons performing the functions of town code enforcement

officer/building inspector in any other town shall be a resident of such

town, unless otherwise provided by law.

* NB There are 7 sb 60's

* 60. In the village of Penn Yan, county of Yates, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk-treasurer of the village of Penn Yan, provided

that such person resides in the county in which such village is located

or in an adjoining county within the state of New York. Provided,

however, the person performing the functions of village clerk-treasurer

in any other village shall be a resident of such village, unless

otherwise provided by an act of the state legislature.

* NB There are 7 sb 60's

* 60. In the town of Piercefield, in the county of St. Lawrence, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Piercefield, provided that such

person resides in St. Lawrence or an adjoining county within the state

of New York. Provided, however, the person performing the functions of

town justice in any other town shall be a resident of such town, unless

otherwise provided by law.

* NB There are 7 sb 60's

* 60. In the town of Lyndon, in the county of Cattaraugus, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Lyndon, provided that such persons

resides in a town which is in the county of Cattaraugus. Provided,

however, the person performing the functions of town justice in any

other town shall be a resident of such town, unless otherwise provided

by law.

* NB There are 7 sb 60's

* 60. In the county of Herkimer, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of public

health director of the county of Herkimer, provided that such person

resides in a county adjoining Herkimer county within the state of New

York.

* NB There are 7 sb 60's

* 60. In the city of Utica in the county of Oneida, neither the

provisions of this section, nor of any general, special or local law,

charter, code, ordinance, resolution, rule or regulation, requiring a

person to be a resident of the political subdivision or municipal

corporation of the state for which he shall be chosen or within which

his official functions are required to be exercised, shall apply to the

appointment of a paid member of the uniformed force of a paid fire

department, who, for purposes of this section shall include persons

employed as fire alarm dispatchers, if such person resides: (a) in

Oneida county; or (b) in a county within the state contiguous to Oneida

county.

* NB There are 7 sb 60's

* 61. In the village of Macedon, county of Wayne, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of deputy clerk/treasurer of the village of Macedon, provided

that such person resides in the county of Wayne or an adjoining county

within the state of New York. Provided, however, the persons performing

the functions of deputy clerk/treasurer in any other village shall be a

resident of such village, unless otherwise provided by law.

* NB There are 2 sb 61's

* 61. In the town of Kirkwood, in the county of Broome, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of code officer of the town of Kirkwood, provided that such

person resides in the county of Broome or an adjoining county within the

state of New York. Provided, however, the persons preforming the

functions of code officer in any other town shall be a resident of such

town, unless otherwise provided by law.

* NB There are 2 sb 61's

* 62. In the town of Wheatfield, in the county of Niagara, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen, or within which his or her official function is

required to be exercised, shall not prevent a person from holding the

office of building inspector of the town of Wheatfield; provided that

said person resides in the county in which such town is located or an

adjoining county within the state of New York.

* NB There are 5 sb 62's

* 62. In the village of Victory, county of Saratoga, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk-treasurer of the village of Victory, provided

that such person resides in the county of Saratoga or an adjoining

county within the state of New York. Provided, however, the persons

performing the functions of village clerk-treasurer in any other village

shall be a resident of such village, unless otherwise provided by law.

* NB There are 5 sb 62's

* 62. In the town of Conklin, in the county of Broome, the provisions

of this section requiring a person to be a resident of a political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of building inspector and code enforcement officer of the town of

Conklin, provided that such person resides in the county in which such

town is located. Provided, however, the person performing the functions

of building inspector and code enforcement officer in any other town

shall be a resident of such town, unless otherwise provided by law.

* NB There are 5 sb 62's

* 62. In the town of Wallkill, in the county of Orange, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of comptroller of the town of Wallkill, provided that such person

resides in the county of Orange or an adjoining county within the state

of New York. Provided, however, the persons performing the functions of

comptroller in any other town shall be a resident of such town, unless

otherwise provided by law.

* NB There are 5 sb 62's

* 62. In the county of Essex, the provisions of this section requiring

a person to be a resident of the political subdivision or municipal

corporation of the state for which he or she shall be chosen or within

which his or her official functions are required to be exercised, shall

not prevent a person from holding the office of assistant district

attorney of the county of Essex, provided that such person resides in

Essex county or an adjoining county within the state of New York;

provided, however, that any person performing such functions or holding

the office of assistant district attorney in any other county shall be a

resident of such county unless otherwise provided by law. The provisions

of this subdivision shall not apply to any person holding the office of

first assistant district attorney or chief assistant district attorney,

the holder of which would assume the duties of the district attorney

upon the district attorney's absence from the county or upon the

district attorney's inability to perform his or her duties.

* NB There are 5 sb 62's

63. In the village of Victory, county of Saratoga, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of deputy clerk-treasurer of the village of Victory, provided

that such person resides in the county of Saratoga or an adjoining

county within the state of New York. Provided, however, the persons

performing the functions of deputy clerk-treasurer in any other village

shall be a resident of such village, unless otherwise provided by law.

* 64. In the county of Wyoming, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Wyoming, provided that such

person resides in Wyoming county or an adjoining county within the state

of New York; provided, however that any person performing such functions

or holding the office of assistant district attorney in any other county

shall be a resident of such county unless otherwise provided by law. The

provisions of this subdivision shall not apply to any person holding the

office of first assistant district attorney or chief assistant district

attorney, the holder of which would assume the duties of the district

attorney upon the district attorney's absence from the county or upon

the district attorney's inability to perform his or her duties.

* NB There are 2 sb 64's

* 64. In the town of Lewis, Lewis county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of town

justice of the town of Lewis; provided that such person resides in a

town which adjoins such town and which is in the county of Lewis.

Provided, however, the person performing the function of town justice in

any other town shall be a resident of such town, unless otherwise

provided by law.

* NB There are 2 sb 64's

* 65. In the village of Aurora, in the county of Cayuga, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised shall not prevent a person from holding the

office of code enforcement officer, provided that such person resides in

the county of Cayuga or an adjoining county within the state of New

York. Provided, however, the person performing the functions of code

enforcement officer in any other village shall be a resident of such

village, unless otherwise provided by law.

* NB There are 3 sb 65's

* 65. In the town of Allen, in the county of Allegany, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Allen; provided that such person

resides in a town which adjoins such town and which is in the county of

Allegany. Provided, however, the person performing the function of town

justice in any other town shall be a resident of such town, unless

otherwise provided by law.

* NB There are 3 sb 65's

* 65. In the town of LaGrange, in the county of Dutchess, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised shall not prevent a person from holding the

office of building inspector, comptroller and administrator of public

works provided that such persons reside in the county of Dutchess.

Provided, however, the persons performing the functions of the building

inspector, comptroller and administrator of public works in any other

town shall be a resident of such town, unless otherwise provided by law.

* NB There are 3 sb 65's

* 66. In the town of Wallkill, in the county of Orange, the provisions

of this section requiring a person to be a resident of a political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of building inspector and code enforcement officer of the town of

Wallkill, provided that such person resides in the county in which such

town is located. Provided, however, the persons performing the functions

of building inspector and code enforcement officer in any other town

shall be residents of such town, unless otherwise provided by law.

* NB There are 7 sb 66's

* 66. In the town of Boylston, Oswego county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen, or within which his or her official function is required to be

exercised, shall not prevent a person from holding the office of town

justice of the town of Boylston; provided that said person resides in a

town which adjoins such town and which is in the county of Oswego.

Provided, however, the person performing the functions of town justice

in any other town shall be a resident of such town, unless otherwise

provided by law.

* NB There are 7 sb 66's

* 66. In the county of Sullivan, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Sullivan, provided that

such person resides in Sullivan county or an adjoining county within the

state of New York; provided, however that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney or

chief assistant district attorney, the holder of which would assume the

duties of the district attorney upon the district attorney's absence

from the county or upon the district attorney's inability to perform his

or her duties.

* NB There are 7 sb 66's

* 66. In the town of Somers, in the county of Westchester, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of assistant court clerk of the town of Somers, provided that

such person resides in the county in which such town is located or

Putnam county. Provided, however, the person performing the functions of

assistant court clerk in any other town shall be a resident of such

town, unless otherwise provided by an act of the state legislature.

* NB There are 7 sb 66's

* 66. In the county of Chenango, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of

correction officer in Chenango county, provided, however, that such

person performing the duties and functions of correction officer resides

in Chenango county or any adjoining county within New York state unless

otherwise provided by an act of the state legislature.

* NB There are 7 sb 66's

* 66. In the village of Fair Haven, Cayuga county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk-treasurer or deputy clerk of the village of Fair

Haven, provided that such person resides in the county in which such

village is located or an adjoining county within the state of New York.

Provided, however, the person performing the functions of village

clerk-treasurer or deputy clerk in any other village shall be a resident

of such village, unless otherwise provided by law.

* NB There are 7 sb 66's

* 66. In the village of Mannsville, in the county of Jefferson, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk of the village of Mannsville, provided that such

person resides in the county in which such village is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of village clerk in any other village

shall be a resident of such village, unless otherwise provided by an act

of the state legislature.

* NB There are 7 sb 66's

* 67. In the town of Wilson, Niagara county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen, or within which his or her official function is required to be

exercised, shall not prevent a person from holding the office of

building inspector of the town of Wilson, Niagara county; provided that

said person resides in the county in which such town is located or an

adjoining county within the state of New York. Provided, however, the

person performing the functions of building inspector in any other town

shall be a resident of such town, unless otherwise provided by law.

* NB There are 8 sb 67's

* 67. In the town of Sodus, Wayne County, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen, or within which his or her official function is required to be

exercised, shall not prevent a person from holding the office of court

clerk of the town of Sodus; provided that said person resides in the

county in which such town is located. Provided, however, the person

performing the functions of court clerk in any other town shall be a

resident of such town, unless otherwise provided by law.

* NB There are 8 sb 67's

* 67. In the town of Putnam Valley, Putnam County, the provisions of

this section requiring a person to be a resident of a political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of building inspector/code enforcement officer and

assistant/deputy building inspector/code enforcement officer of the town

of Putnam Valley, provided that such person resides in Putnam County or

any adjoining county within the state of New York. Provided, however,

the persons performing the functions of building inspector/code

enforcement officer and assistant/deputy building inspector/code

enforcement officer in any other town shall be a resident of such town,

unless otherwise provided by an act of the state legislature.

* NB There are 8 sb 67's

* 67. In the county of Oswego, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Oswego, other than the

first assistant district attorney, provided that such person resides in

Oswego county or in an adjoining county within the state of New York;

provided, however, that any person performing such functions or holding

the office of assistant district attorney in any other county shall be a

resident of such county unless otherwise provided by law. The provisions

of this subdivision shall not apply to any person holding the office of

first assistant district attorney or chief assistant district attorney,

the holder of which would assume the duties of the district attorney

upon the district attorney's absence from the county or upon the

district attorney's inability to perform his or her duties.

* NB There are 8 sb 67's

* 67. In the village of Spring Valley, in the county of Rockland, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice of the village of Spring Valley, provided that

such person resides in the town of Ramapo or the town of Clarkstown.

Provided, however, the person performing the functions of village

justice in any other village shall be a resident of such village unless

otherwise provided by an act of the state legislature.

* NB There are 8 sb 67's

* 67. In the village of Mount Morris, Livingston county, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village court clerk or deputy clerk/treasurer of the village

of Mount Morris, provided that such person resides in the county in

which such village is located or an adjoining county within the state of

New York. Provided, however, the person performing the functions of

village court clerk or deputy clerk/treasurer in any other village shall

be a resident of such village, unless otherwise provided by an act of

the state legislature.

* NB There are 8 sb 67's

* 67. In the county of Chenango, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of deputy

sheriff of the county of Chenango, provided that such person resides in

Chenango county or an adjoining county within the state of New York;

unless otherwise provided by law.

* NB There are 8 sb 67's

* 67. In the village of St. Johnsville, in the county of Montgomery,

the provisions of this section requiring a person to be a resident of

the political subdivision or municipal corporation of the state for

which he or she shall be chosen or within which his or her official

functions are required to be exercised, shall not prevent a person from

holding the office of village clerk/treasurer and code enforcement

officer of the village of St. Johnsville, provided that such person

resides in the county in which such village is located or an adjoining

county within the state of New York. Provided, however, the person

performing the functions of village clerk/treasurer and code enforcement

officer in any other village shall be a resident of such village, unless

otherwise provided by an act of the state legislature.

* NB There are 8 sb 67's

* 68. In the county of Chenango, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Chenango, provided that

such person resides in Chenango county or an adjoining county within the

state of New York; provided, however that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 9 sb 68's

* 68. In the county of Nassau, the provisions of this section, or of

any general, special or local law, charter, code, ordinance, resolution,

rule or regulation, requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which such person

shall be chosen or within which such person's official functions are

required to be exercised, shall not prevent a person from holding the

office of correction officer in Nassau county, provided, however, that

such person performing the duties and functions of correction officer

resides in Nassau county or any adjoining county within New York state

unless otherwise provided by an act of the state legislature.

* NB There are 9 sb 68's

* 68. In the county of Washington, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Washington, provided that

such person resides in Washington county or an adjoining county within

the state of New York; provided, however that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney or

chief assistant district attorney, the holder of which would assume the

duties of the district attorney upon the district attorney's absence

from the county or upon the district attorney's inability to perform his

or her duties.

* NB There are 9 sb 68's

* 68. In the county of Lewis, the provisions of this section requiring

a person to be a resident of the political subdivision or municipal

corporation of the state for which he or she shall be chosen or within

which his or her official functions are required to be exercised, shall

not prevent a person from holding the office of assistant district

attorney of the county of Lewis, other than the first assistant district

attorney, provided that such person resides in Lewis county or in an

adjoining county within the state of New York; provided, however, that

any person performing such functions or holding the office of assistant

district attorney in any other county shall be a resident of such county

unless otherwise provided by law. The provisions of this subdivision

shall not apply to any person holding the office of first assistant

district attorney or chief assistant district attorney, the holder of

which would assume the duties of the district attorney upon the district

attorney's absence from the county or upon the district attorney's

inability to perform his or her duties.

* NB There are 9 sb 68's

* 68. In the county of Cayuga, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney or senior assistant district attorney of the

county of Cayuga, provided that such person resides in Cayuga county or

an adjoining county within the state of New York; provided, however,

that any person performing such functions or holding the office of

assistant district attorney in any other county shall be a resident of

such county unless otherwise provided by law. The provisions of this

subdivision shall not apply to any person holding the office of chief

assistant district attorney, the holder of which would assume the duties

of the district attorney upon the district attorney's absence from the

county or upon the district attorney's inability to perform his or her

duties.

* NB There are 9 sb 68's

* 68. In the town of Somers, in the county of Westchester, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised shall not prevent a person from holding the

position of court attendant for the town of Somers, provided that such

person resides in the county in which such town is located. Provided,

however, the person performing the functions of court attendant in any

other town shall be a resident of such town, unless otherwise provided

by an act of the state legislature.

* NB There are 9 sb 68's

* 68. In the village of Airmont, in the county of Rockland, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of building inspector, fire inspector and code enforcement

officers of the village of Airmont, provided that such person resides

within Rockland county or an adjoining county within the state of New

York. Provided, however, the person performing the functions of building

inspector, fire inspector and code enforcement officers in any other

village shall be a resident of such village unless otherwise provided by

an act of the state legislature.

* NB There are 9 sb 68's

* 68. In the town of Pavilion, Genesee county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which he or she shall be

chosen, or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of town

superintendent of highways or town engineer of the town of Pavilion,

provided that such person resides in an adjoining town or village within

an adjoining town within the state of New York. Provided, however, the

person performing the functions of town superintendent of highways or

town engineer in any other town shall be a resident of such town, unless

otherwise provided by law.

* NB There are 9 sb 68's

* 68. In the county of Oswego, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of special

patrol officer for the county of Oswego, provided that such person

resides in Oswego county or an adjoining county within the state of New

York; provided, however, that any person performing such functions or

holding the office of special patrol officer in any other county shall

be a resident of such county unless otherwise provided by an act of the

state legislature.

* NB There are 9 sb 68's

69. In the county of Chenango, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant public defender of the county of Chenango, provided that such

person resides in Chenango county or an adjoining county within the

state of New York; provided, however that any person performing such

functions or holding the office of assistant public defender in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant public defender, the

holder of which would assume the duties of the public defender upon the

public defender's absence from the county or upon the public defender's

inability to perform his or her duties.

* 70. In the village of Riverside, in the county of Steuben, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk/treasurer and code enforcement officer of the

village of Riverside, provided that such person resides in the county in

which such village is located or an adjoining county within the state of

New York. Provided, however, the person performing the functions of

village clerk/treasurer and code enforcement officer in any other

village shall be a resident of such village, unless otherwise provided

by an act of the state legislature.

* NB There are 6 sb 70's

* 70. In the county of Orleans, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Orleans, provided that such

person resides in Orleans county or an adjoining county within the state

of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 6 sb 70's

* 70. In the city of Amsterdam, in the county of Montgomery, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of corporation counsel in the city of Amsterdam, provided that

such person resides in Montgomery county or an adjoining county within

the state of New York; provided, however that any person performing such

functions or holding such office in any other city shall be a resident

of such city unless otherwise provided by law.

* NB There are 6 sb 70's

* 70. In the village of South Glens Falls, in the county of Saratoga,

the provisions of this section requiring a person to be a resident of

the political subdivision or municipal corporation of the state for

which he or she shall be chosen or within which his or her official

functions are required to be exercised, shall not prevent a person from

holding the office of clerk-treasurer, deputy clerk, deputy treasurer,

code enforcement officer or building inspector, provided that such

person resides in Saratoga county or an adjoining county; provided,

however that any person performing such functions or holding such office

in any other village shall be a resident of such village unless

otherwise provided by law.

* NB There are 6 sb 70's

* 70. In the city of Saratoga Springs, in the county of Saratoga, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of deputy mayor, deputy commissioner of finance, deputy

commissioner of public works, deputy commissioner of public safety or

deputy commissioner of accounts, provided that such person resides in

Saratoga county; provided, however that any person performing such

functions or holding such office in any other city shall be a resident

of such city unless otherwise provided by law.

* NB There are 6 sb 70's

* 70. In the town of Angelica, in the county of Allegany, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Angelica; provided that such

person resides in a town which adjoins such town and which is in the

county of Allegany. Provided, however, the person performing the

function of town justice in any other town shall be a resident of such

town, unless otherwise provided by law.

* NB There are 6 par 70's

* 71. In the city of Mechanicville, in the county of Saratoga, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of city attorney of the city of Mechanicville, provided that such

person resides in Saratoga county or an adjoining county within the

state of New York; provided, however that any person performing such

functions or holding the office of the city attorney in any other city

shall be a resident of such county unless otherwise provided by law.

* NB There are 4 sb 71's

* 71. In the village of Buchanan, in the county of Westchester, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of building inspector, fire inspector and code enforcement

officers of the village of Buchanan, provided that such person resides

within Westchester county or an adjoining county within the state of New

York. Provided, however that the person performing the functions of

building inspector, fire inspector and code enforcement officers in any

other village shall be a resident of such village unless otherwise

provided by an act of the state legislature.

* NB There are 4 sb 71's

* 71. In the village of Northville, in the county of Fulton, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of treasurer, village clerk and code enforcement officer of the

village of Northville, provided that such person resides in Fulton

county, or in an adjoining county within the state of New York;

provided, however that any person performing such functions of

treasurer, village clerk, and code enforcement officer in any other

village shall be a resident of such village unless otherwise provided by

law.

* NB There are 4 sb 71's

* 71. In the village of Upper Nyack, in the county of Rockland, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of assessor of the village provided that such person resides in

the county in which such village is located or an adjoining county

within the state of New York. Provided, however, the person performing

the functions of village assessor in any other village shall be an

elector of such village, unless otherwise provided by law.

* NB There are 4 sb 71's

* 72. In the county of Rockland, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Rockland, provided that

such person resides in Rockland county or an adjoining county within the

state of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 72's

* 72. In the county of Orange, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Orange, provided that such

person resides in Orange county or an adjoining county within the state

of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 72's

* 72. In the city of Saratoga Springs, in the county of Saratoga, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which

such person shall be chosen or within which the person's official

functions are required to be exercised, shall not prevent a person from

holding the office of city attorney of the city of Saratoga Springs,

provided that such person resides in Saratoga county or an adjoining

county within the state of New York; provided, however that any person

performing such functions or holding such office of the city attorney in

any other city shall be a resident of such city unless otherwise

provided by law.

* NB There are 10 sb 72's

* 72. In the village of Scarsdale, Westchester county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of court clerk, building inspector, assistant building inspector,

village clerk, assistant village clerk, village treasurer, assistant

village treasurer, assessor, village engineer, or village planner,

provided that such person resides within Westchester county or an

adjoining county within the state of New York, except that the village

treasurer may also reside within Dutchess county. Provided, however that

persons performing the functions of such appointed positions in any

other municipality shall be a resident of such municipality unless

otherwise provided by an act of the state legislature.

* NB There are 10 sb 72's

* 72. In the city of Johnstown, in the county of Fulton, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of city attorney of the city of Johnstown, provided that such

person resides in Fulton county or an adjoining county within the state

of New York; provided, however that any person performing such functions

or holding the office of the city attorney in any other city shall be a

resident of such county unless otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the county of Oneida, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney, provided that such person resides in Oneida

county or in an adjoining county within the state of New York; provided,

however, that any person performing such functions or holding the office

of assistant district attorney in any other county shall be a resident

of such county unless otherwise provided by law. The provisions of this

subdivision shall not apply to any person holding the office of first

assistant district attorney or chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 72's

* 72. In the village of Voorheesville, in the county of Albany, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of clerk, treasurer, clerk-treasurer, deputy clerk, deputy clerk

treasurer, and building inspector of the village of Voorheesville

provided that such person resides in the county in which such village is

located or an adjoining county within the state of New York. Provided,

however, the person performing the functions of an appointed village

officer in any other village shall be an elector of such village, unless

otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the village of Chestnut Ridge, in the county of Rockland, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice of the village of Chestnut Ridge, provided

that such person resides in the county of Rockland. Provided, however,

the person performing the functions of village justice in any other

village shall be a resident of such village unless otherwise provided by

law.

* NB There are 10 sb 72's

* 72. In the town of Van Etten, in the county of Chemung, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of town justice of the town of Van Etten; provided that such

person resides in a town which is in the county of Chemung. Provided,

however, the person performing the function of town justice in any other

town shall be a resident of such town, unless otherwise provided by law.

* NB There are 10 sb 72's

* 72. In the county of Herkimer, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

information services director for the county of Herkimer, provided that

such person resides in a county adjoining Herkimer county within the

state of New York; provided, however that any person performing such

functions or holding the office of the information services director in

any other county shall be a resident of such county unless otherwise

provided by law.

* NB There are 10 sb 72's

* 73. In the county of Seneca, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of clerk

to the board of supervisors of Seneca county, provided that such person

resides in a county adjoining Seneca county within the state of New

York; provided, however that any person performing such functions or

holding the office of clerk to the board of supervisors in any other

county shall be a resident of such county unless otherwise provided by

law.

* NB There are 10 sb 73's

* 73. In the village of Maybrook, in the county of Orange, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice of the village of Maybrook, provided that such

person resides in the town of Montgomery or the town of Hamptonburgh.

Provided, however, the person performing the functions of village

justice in any other village shall be a resident of such village unless

otherwise provided by an act of the state legislature.

* NB There are 10 sb 73's

* 73. In the county of Putnam, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

commissioner of planning, development, and public transportation of the

county of Putnam, provided that such person resides in Putnam county or

an adjoining county within the state of New York; provided, however that

any person performing such functions or holding the office of

commissioner of planning, development, and public transportation in any

other county shall be a resident of such county unless otherwise

provided by law.

* NB There are 10 sb 73's

* 73. In the county of Rensselaer, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Rensselaer, provided that

such person resides in Rensselaer county or an adjoining county within

the state of New York; provided, however, that any person performing

such functions or holding the office of assistant district attorney in

any other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 73's

* 73. In the county of Greene, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Greene, provided that such

person resides in Greene county or an adjoining county within the state

of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform his or her duties.

* NB There are 10 sb 73's

* 73. In the county of Herkimer, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

Herkimer county commissioner of social services, provided that such

person resides in a county adjoining Herkimer county within the state of

New York; provided, however that any person performing such functions or

holding the office of county commissioner of social services in any

other county shall be a resident of such county unless otherwise

provided by law.

* NB There are 10 sb 73's

* 73. In the city of Amsterdam, in the county of Montgomery, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of city controller or city engineer in the city of Amsterdam,

provided that such person resides in Montgomery county or an adjoining

county within the state of New York; provided, however that any person

performing such functions or holding such office in any other city shall

be a resident of such city unless otherwise provided by law.

* NB There are 10 sb 73's

* 73. In the village of Laurel Hollow, in the county of Nassau, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice and/or associate justice of the village of

Laurel Hollow, provided that such person resides in the county of Nassau

or the town of Huntington, county of Suffolk. Provided, however, the

person performing the functions of village justice in any other village

shall be a resident of such village unless otherwise provided by law.

* NB There are 10 sb 73's

* 73. In the village of Cold Spring, in Putnam county, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk/treasurer and the deputy clerk of the village of

Cold Spring, provided that such person resides in the county in which

such village is located or an adjoining county within the state of New

York. Provided, however, the person performing the functions of village

clerk/treasurer and the deputy clerk in any other village shall be a

resident of such village, unless otherwise provided by an act of the

state legislature.

* NB There are 10 sb 73's

* 73. In the village of Otisville, Orange county, the provisions of

this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which he or she

shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village clerk/treasurer and deputy village clerk/treasurer of

the village of Otisville, provided that such person resides in the

county in which such village is located or an adjoining county within

the state of New York. Provided, however, the person performing the

functions of village clerk/treasurer and deputy village clerk/treasurer

in any other village shall be a resident of such village, unless

otherwise provided by an act of the state legislature.

* NB There are 10 sb 73's

* 74. In the village of Cayuga Heights, in the county of Tompkins, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which he

or she shall be chosen or within which his or her official functions are

required to be exercised, shall not prevent a person from holding the

office of village justice and/or associate justice of the village of

Cayuga Heights, provided that such person resides in the county of

Tompkins. Provided, however, the person performing the functions of

village justice in any other village shall be a resident of such village

unless otherwise provided by law.

* NB There are 4 sb 74's

* 74. In the county of Columbia, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Columbia, provided that

such person resides in Columbia county or an adjoining county within the

state of New York; provided, however that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney or

chief assistant district attorney, the holder of which would assume the

duties of the district attorney upon the district attorney's absence

from the county or upon the district attorney's inability to perform his

or her duties.

* NB There are 4 sb 74's

* 74. In the county of Saratoga, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Saratoga, provided that

such person resides in Saratoga County or an adjoining county within the

state of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney or

chief assistant district attorney, the holder of which would assume the

duties of the district attorney upon the district attorney's absence

from the county or upon the district attorney's inability to perform his

or her duties.

* NB There are 4 sb 74's

* 74. In the county of Seneca, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be chosen

or within which his or her official functions are required to be

exercised, shall not prevent a person regularly admitted to practice as

an attorney or counselor in the courts of record of this state from

holding the office of Seneca county attorney, provided that such person

resides in the county of Seneca, or an adjoining county within the state

of New York. Provided, however, the person performing the functions of

county attorney in any other county shall be a resident of such county,

unless otherwise provided by an act of the state legislature.

* NB There are 4 sb 74's

* 75. In the county of Schenectady, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney of the county of Schenectady, provided, that

such person resides in Schenectady county or an adjoining county within

the state of New York; provided, however, that any person performing

such functions or holding the office of assistant district attorney in

any other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of chief assistant district attorney, the

holder of which would assume the duties of the district attorney upon

the district attorney's absence from the county or upon the district

attorney's inability to perform such district attorney's duties.

* NB There are 7 sb 75's

* 75. In the town of Chester, in the county of Orange, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which such person

shall be chosen or within which such persons official functions are

required to be exercised, shall not prevent a person from holding the

office of comptroller or building inspector of the town of Chester

provided that such person resides in Orange county; provided, however

that any person performing such functions or holding the office of

comptroller or building inspector in any other town shall be a resident

of such county unless otherwise provided by law.

* NB There are 7 sb 75's

* 75. In the county of Herkimer, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant county attorney of the county of Herkimer, provided that such

person resides in Herkimer county or an adjoining county within the

state of New York; provided, however, that any person performing such

functions or holding the office of assistant county attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of Herkimer county attorney.

* NB There are 7 sb 75's

* 75. In the county of Essex, the provisions of this section requiring

a person to be a resident of the political subdivision or municipal

corporation of the state for which such person shall be chosen or within

which such person's official functions are required to be exercised,

shall not prevent a person from holding the office of assistant public

defender of the county of Essex, provided that such person resides in a

county adjoining Essex county within the state of New York; provided,

however that any person performing such functions or holding such

offices in any other county shall be a resident of such county unless

otherwise provided by law. The provisions of this subdivision shall not

apply to any person holding the office of first assistant public

defender, the holder of which would assume the duties of the public

defender upon the public defender's absence from the county or upon the

public defender's inability to perform such office's duties.

* NB There are 7 sb 75's

* 75. In the village of Portville, in the county of Cattaraugus, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which

such person shall be chosen or within which such person's official

functions are required to be exercised, shall not prevent a person from

holding the office of village clerk and village treasurer of the village

of Portville, provided that such person resides within Cattaraugus

county or an adjoining county within the state of New York. Provided,

however, that the person performing the functions of village clerk and

village treasurer in any other village shall be a resident of such

village unless otherwise provided by law.

* NB There are 7 sb 75's

* 75. In the county of Greene, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which their official functions are required to be exercised,

shall not prevent a person from holding the office of assistant public

defender of the county of Greene, provided that such person resides in a

county adjoining Greene county within the state of New York; provided,

however that any person performing such functions or holding such

offices in any other county shall be a resident of such county unless

otherwise provided by law. The provisions of this subdivision shall not

apply to any person holding the office of first assistant public

defender, the holder of which would assume the duties of the public

defender upon the public defender's absence from the county or upon the

public defender's inability to perform their duties.

* NB There are 7 sb 75's

* 75. In the city of Auburn, in the county of Cayuga, the provisions

of this section requiring a person to be a resident of the political

subdivision or municipal corporation of the state for which such person

shall be chosen or within which such person's official functions are

required to be exercised, shall not prevent such person from holding the

office of code enforcement officer of the city of Auburn, provided that

such person resides in Cayuga county, or in an adjoining county within

the state of New York; provided, however that any person performing such

functions of code enforcement officer in any other city in the state

shall be a resident of such city unless otherwise provided by law.

* NB There are 7 sb 75's

* 76. In the town of Pendleton, Niagara county, the provisions of this

section requiring a person to be a resident of the political subdivision

or municipal corporation of the state for which they shall be chosen, or

within which their official function is required to be exercised, shall

not prevent a person from holding the office of building inspector of

the town of Pendleton, Niagara county; provided that said person resides

in the county in which such town is located or an adjoining county

within the state of New York. Provided, however, the person performing

the functions of building inspector in any other town shall be a

resident of such town, unless otherwise provided by law.

* NB There are 9 sb 76's

* 76. In the town of Harrison, in the county of Westchester, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which

such person shall be chosen or within which such person's official

functions are required to be exercised, shall not prevent a person from

holding the office of assistant court clerk or fire marshal of the town

of Harrison; provided that such person resides in a town which is in the

county of Westchester. Provided, however, the person performing the

function of assistant court clerk or fire marshal in any other town

shall be a resident of such town, unless otherwise provided by law.

* NB There are 9 sb 76's

* 76. In the village of Croton-on-Hudson, Westchester county, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which

they shall be chosen or within which their official functions are

required to be exercised, shall not prevent a person from holding the

office of assistant village engineer, provided that such person resides

within Westchester county, an adjoining county within the state of New

York, or within Dutchess county. Provided, however that persons

performing the functions of such appointed positions in any other

municipality shall be a resident of such municipality unless otherwise

provided by an act of the state legislature.

* NB There are 9 sb 76's

* 76. In the town of Montour, in the county of Schuyler, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which

such person shall be chosen or within which such person's official

functions are required to be exercised, shall not prevent a person from

holding the office of town justice of the town of Montour; provided that

such person resides in a town which is in the county of Schuyler.

Provided, however, the person performing the function of town justice in

any other town shall be a resident of such town, unless otherwise

provided by law.

* NB There are 9 sb 76's

* 76. In the county of Putnam, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which their official functions are required to be exercised,

shall not prevent a person from holding the office of commissioner of

finance of the county of Putnam, provided that such person resides in

Putnam county or an adjoining county within the state of New York;

provided, however that any person performing such functions or holding

the office of commissioner of finance in any other county shall be a

resident of such county unless otherwise provided by law.

* NB There are 9 sb 76's

* 76. In the county of Putnam, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which their official functions are required to be exercised,

shall not prevent a person regularly admitted to practice as an attorney

or counselor in the courts of record of this state from holding the

office of Putnam county attorney, provided that such person resides in a

county adjoining Putnam county within the state of New York; provided,

however that any person performing such functions or holding such

offices in any other county shall be a resident of such county unless

otherwise provided by law.

* NB There are 9 sb 76's

* 76. In the village of Baxter Estates, in the county of Nassau, the

provisions of this section requiring a person to be a resident of the

political subdivision or municipal corporation of the state for which

such person shall be chosen or within which such person's official

functions are required to be exercised, shall not prevent such person

from holding the office of village clerk-treasurer or deputy clerk of

the village of Baxter Estates, provided that such person resides in

Nassau county or an adjoining county within the state of New York;

provided, however, any person performing such functions of village

clerk-treasurer or deputy clerk in any other village shall be a resident

of such village, unless otherwise provided by law.

* NB There are 9 sb 76's

* 76. In the county of Warren, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney, assistant public defender or assistant

county attorney of the county of Warren, provided that such person

resides in a county adjoining Warren county within the state of New

York; provided, however that any person performing such functions or

holding such offices in any other county shall be a resident of such

county unless otherwise provided by law. The provisions of this

subdivision shall not apply to any person holding the office of first

assistant public defender, the holder of which would assume the duties

of the public defender upon the public defender's absence from the

county or upon the public defender's inability to perform such office's

duties.

* NB There are 9 sb 76's

* 76. In the county of Franklin, the provisions of this section

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which such person shall be chosen

or within which such person's official functions are required to be

exercised, shall not prevent a person from holding the office of

assistant district attorney for the county of Franklin, provided that

such person resides in Franklin county or an adjoining county within the

state of New York; provided, however, that any person performing such

functions or holding the office of assistant district attorney in any

other county shall be a resident of such county unless otherwise

provided by law. The provisions of this subdivision shall not apply to

any person holding the office of first assistant district attorney or

chief assistant district attorney, the holder of which would assume the

duties of the district attorney upon the district attorney's absence

from the county or upon the district attorney's inability to perform

such district attorney's duties.

* NB There are 9 sb 76's

Restrictions upon holding public office or employment of

persons removed from office for certain reasons. Any public officer

who, upon being called before a grand jury to testify concerning the

conduct of his office or the performance of his official duties, refuses

to sign a waiver of immunity against subsequent criminal prosecution, or

to answer any relevant question concerning such matters before such

grand jury and who, by virtue thereof, has been removed from such public

office by the appropriate authority or who has forfeited such office at

the suit of the attorney general shall not be capable of holding a civil

office or public employment for a period of five years from the date of

the removal from or forfeit of such public office.

Special peace officers to be citizens; other residency

requirements. 1. No sheriff of a county, mayor of a city, or official,

or other persons authorized by law to appoint special deputy sheriffs,

special constables, marshals, police officers, or peace officers in this

state, to preserve the public peace or quell public disturbance, shall

hereafter, at the instance of any agent, society, association or

corporation, or otherwise, appoint as such special deputy, special

constable, marshal, police officer, or peace officer, any person who

shall not be a citizen of the United States and a resident of the state

of New York, and entitled to vote therein at the time of his

appointment, and a resident of the same county as the mayor or sheriff

or other official making such appointment; provided, however, that when,

in the judgment of a sheriff of a county except those counties within

the city of New York a situation exists which requires temporary

additional assistance, such sheriff may appoint special deputy sheriffs

who are non-residents of the county but residents of the state of New

York who shall hold office until such time as the appointing sheriff

determines that the situation no longer exists; and no person shall

assume or exercise the functions, powers, duties or privileges incident

and belonging to the office of special deputy sheriff, special

constables, marshal, police officer, or peace officer, without having

first received his appointment in writing from the authority lawfully

appointing him. Nothing herein contained, however, shall apply to the

appointment of a non-resident, as an emergency special deputy sheriff,

by the sheriff of any county to act when such sheriff has declared a

state of special emergency pursuant to the provisions of section two

hundred nine-f of the general municipal law. Provided further, that any

person otherwise qualified who resides in either the county of Nassau or

the county of Suffolk may at the instance of a society for the

prevention of cruelty to animals be appointed as a peace officer by the

appropriate appointing official of either of such counties

notwithstanding that such appointee does not reside in the same county

as the appointing official. Provided, further, that any person qualified

who resides in a county adjacent to the county of Allegany may at the

instance of the society for the prevention of cruelty to animals for the

county of Allegany be appointed as a peace officer by the appropriate

appointing official of the county of Allegany. Provided, further, that

any person qualified who resides in a county adjacent to the county of

Albany may at the instance of the society for the prevention of cruelty

to animals for the county of Albany be appointed as a peace officer by

the appropriate appointing official of the county of Albany. Provided,

further, that any person otherwise qualified who resides in the county

of Orange or Westchester may at the instance of the society for the

prevention of cruelty to animals for the county of Rockland be appointed

as a peace officer by the appropriate appointing official of the county

of Rockland. Provided, further, that any person qualified who resides in

a county adjacent to the county of Putnam may at the instance of the

society for the prevention of cruelty to animals for the county of

Putnam be appointed as a peace officer by the appropriate appointing

official in the county of Putnam. Provided, further, that any person

qualified who resides in a county adjacent to the county of Monroe may

at the instance of the Humane Society of Rochester and Monroe County for

the Prevention of Cruelty to Animals, Inc., doing business as Lollypop

Farm, be appointed as a peace officer by the appropriate appointing

official in the county of Monroe.

2. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state by which he or she is employed, shall

apply to a person employed by a city with a population over one million

in the titles of fire protection inspector, associate fire protection

inspector, or supervising fire protection inspector, provided that he or

she has completed two years of employment with the city of New York and

is a resident of New York, Kings, Queens, Bronx, Richmond, Nassau,

Westchester, Suffolk, Orange, Rockland or Putnam county.

3. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state by which he or she is employed, shall

apply to a person employed by a city with a population over one million

in the titles of urban park ranger, associate urban park ranger or

traffic enforcement agent level IV, provided that he or she has

completed two years of employment with the city of New York and is a

resident of New York, Kings, Queens, Bronx, Richmond, Nassau,

Westchester, Suffolk, Orange, Rockland or Putnam county.

4. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state by which he or she is employed, shall

apply to a person employed by a city with a population of over one

million in the titles of special officer, senior special officer,

principal special officer and supervising special officer as "special

officer" is defined in subdivision forty of section 2.10 of the criminal

procedure law, evidence and property control specialists, taxi and

limousine inspector, taxi and limousine inspector (motor vehicles),

senior taxi and limousine inspector, senior taxi and limousine inspector

(motor vehicles), associate taxi and limousine inspector, supervising

taxi and limousine inspector, supervising taxi and limousine inspector

(motor vehicles), education facilities officers L1 (formerly school

guards), education facilities officers L2 (formerly school safety

officers), hospital security officers, campus security officer, campus

peace officer, college security specialist, campus public safety

sergeant, campus security assistant or school guard (school safety

agent), provided that he or she has completed two years of employment

with the city of New York and is a resident of New York, Kings, Queens,

Bronx, Richmond, Nassau, Westchester, Suffolk, Orange, Rockland or

Putnam county.

5. In respect to peace officers employed by Cornell university, and

assigned to the Ithaca campus, pursuant to section fifty-seven hundred

nine of the education law, the provisions of this section requiring a

person to be a resident of the same county as the appointing official

shall not prevent a person from serving as a peace officer for Cornell

university, or as a special deputy sheriff, and assigned to the Ithaca

campus, as defined in subdivision forty-two of section 2.10 of the

criminal procedure law, provided that such person resides in the state

of New York.

6. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state by which he or she is employed or

appointed, shall apply to a person employed or appointed by a political

subdivision or municipal corporation of the state as an auxiliary police

officer or special deputy sheriff, provided that such auxiliary police

officer or special deputy sheriff is trained and registered pursuant to

the provisions of section eight hundred forty-five of the executive law;

and provided, further, that such auxiliary police officer or special

deputy sheriff resides in the county in which such political subdivision

is located or an adjoining county within the state. The provisions of

this subdivision shall not apply to a city having a population of one

million or more.

7. Neither the provisions of this section or of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

requiring a person to be a resident of the political subdivision or

municipal corporation of the state for which he or she shall be employed

or appointed or within which his or her official functions are required

to be exercised, shall apply to a person who is a member of the security

force employed or appointed by Kaleida Health as described in

subdivision eighty-three of section 2.10 of the criminal procedure law,

provided that such person resides in the county in which such security

force of Kaleida Health is located or an adjoining county within the

state. The provisions of this subdivision shall only apply to a person

who is a member of the security force employed by Kaleida Health on the

effective date of this subdivision.

A violation of the provisions of this section is a misdemeanor.

Restrictions upon nomination or election to compensated

federal, state or local office. 1. For purposes of this section,

"candidate" has the meaning set forth in section 14-100 of the election

law.

2. No commissioner, executive director or other head of any state

agency, as that term is defined in paragraph (g) of subdivision one of

section seventy-three of this chapter, shall seek nomination or election

to any compensated federal, state or local public office, or shall

become a candidate for such office, unless such individual first resigns

from his or her public employment, or requests and is granted by their

appointing authority a leave of absence without pay. Such resignation or

leave must commence before such individual engages in any campaign

activities, including but not limited to, announcing a candidacy,

circulating petitions, soliciting contributions, distributing

literature, or taking any other action to actively promote oneself as a

candidate for elective office.

Commencement of term of office. 1. The term of office of an

elective officer, unless elected to fill a vacancy then existing, shall

commence on the first day of January next after his election, if the

commencement thereof be not otherwise fixed by law.

2. All terms of city officers, including supervisors, elected in any

city or part of a city, and of county officers in the city of New York,

shall expire at the end of an odd-numbered year. Such officers shall be

elected, except to fill a vacancy, at the general election in

odd-numbered years. This subdivision shall not apply to any judicial

officer.

Holding over after expiration of term. Every officer except a

judicial officer, a notary public, a commissioner of deeds and an

officer whose term is fixed by the constitution, having duly entered on

the duties of his office, shall, unless the office shall terminate or be

abolished, hold over and continue to discharge the duties of his office,

after the expiration of the term for which he shall have been chosen,

until his successor shall be chosen and qualified; but after the

expiration of such term, the office shall be deemed vacant for the

purpose of choosing his successor. An officer so holding over for one or

more entire terms, shall, for the purpose of choosing his successor, be

regarded as having been newly chosen for such terms. An appointment for

a term shortened by reason of a predecessor holding over, shall be for

the residue of the term only.

Mode of choosing state officers if not otherwise provided. If

the law shall not otherwise provide the mode of choosing a state

officer, he shall be appointed by the governor by and with the advice

and consent of the senate.

Appointment by the governor and senate. An appointment to an

office by the governor by and with the advice and consent of the senate,

shall be made by communicating to the senate, while in session, a

written nomination of a person for the office, designating the residence

of the nominee, and if nominated to be an officer of a political

subdivision of the state, designating also such subdivision, and if

nominating two or more persons to the same office for different terms,

designating the term for which each is nominated. If such nomination be

of a successor to a predecessor in the same office, it may be made and

acted upon by the senate after the expiration of the term or occurrence

of a vacancy in the office of such predecessor, or at any time during

the legislative session of the calendar year in which the term of office

of such predecessor shall expire or in which the office shall become

vacant. If the appointment be made before the expiration of the term of

such predecessor, the term of office of the appointee shall commence

upon the expiration of the term of such predecessor, or if made to fill

a vacancy, upon the occurrence of such vacancy, or immediately if a

vacancy already exist. If the senate shall reject such nomination, the

secretary of the senate shall forthwith communicate, by writing, signed

by him and by the president of the senate, to the governor the fact of

such rejection. If the senate shall confirm such nomination the

appointment shall be deemed complete, and thereupon duplicate

certificates of the confirmation shall be made and signed by the

president and secretary of the senate, who shall cause one to be

delivered to the governor and the other to the secretary of state, who

shall record the same in his office in a book kept for that purpose.

Commissions of officers. The commission of every officer

appointed by the governor, or by the governor by and with the consent of

the senate, shall be signed by the governor and attested under the seal

of this state, by the secretary of state, who shall make and record in

his office a copy of such commission, and deliver the original to the

officer appointed, by a messenger, if the governor shall so direct, and

otherwise, by mail, or as the secretary of state shall deem proper.

Commissions of notaries public shall be signed by the secretary of

state, or by a person or persons in the department of state designated

by the secretary of state, and shall be sent to the county clerk of the

county in which such notaries public respectively reside. Commissions of

commissioners of deeds in other states, territories and foreign

countries, shall be signed by the secretary of state, or by a person or

persons in the department of state designated by secretary of state.

Every other appointment of an officer, made by one or more state

officers, shall be in writing, and signed by the officer or officers, or

by a majority of the officers, or by the presiding officer of the board

or body making the appointment. Every such written appointment shall be

deemed the commission of the officer appointed, and if of a state

officer, a duplicate or a certified copy thereof shall be recorded in

the office of the department of state; if of a local officer it shall be

sent to the clerk of the county in which the officer appointed shall

then reside, who shall file the same in his office, and notify the

officer appointed of his appointment.

Deputies, their appointment, number and duties. Every deputy,

assistant, or other subordinate officer, whose appointment or election

is not otherwise provided for, shall be appointed by his principal

officer, board or other body, and the number thereof, if not otherwise

prescribed by law, shall be limited in the discretion of the appointing

power. If there is but one deputy, he shall, unless otherwise prescribed

by law, possess the powers and perform the duties of his principal

during the absence or inability to act of his principal, or during a

vacancy in his principal's office. If there be two or more deputies of

the same officer, such officer may designate, in writing, the order in

which the deputies shall act, in case of his absence from the office or

his inability to act, or in case of a vacancy in the office, and if he

shall fail to make such designation, the deputy longest in office

present shall so act. If two or more deputies present shall have held

the office for the same period, the senior deputy in age shall so act.

Such written designation by a state officer shall be filed in the office

of the secretary of state; and by any other officer, in the office of

the clerk of the county in which the principal has his office. If a

vacancy in a public office shall be caused by the death of the

incumbent, the deputies shall, unless otherwise provided by law,

continue to hold office until the vacancy shall have been filled in

accordance with law.

Official oaths. Every officer shall take and file the oath of

office required by law, and every judicial officer of the unified court

system, in addition, shall file a copy of said oath in the office of

court administration, before he shall be entitled to enter upon the

discharge of any of his official duties. An oath of office may be

administered by a judge of the court of appeals, the attorney general,

or by any officer authorized to take, within the state, the

acknowledgment of the execution of a deed of real property, or by an

officer in whose office the oath is required to be filed or by his duly

designated assistant, or may be administered to any member of a body of

officers, by a presiding officer or clerk, thereof, who shall have taken

an oath of office. An oath of office may be administered to any state or

local officer who is a member of the armed forces of the United States

by any commissioned officer, in active service, of the armed forces of

the United States. In addition to the requirements of any other law, the

certificate of the officer in the armed forces administering the oath of

office under this section shall state (a) the rank of the officer

administering the oath, and (b) that the person taking the oath was at

the time, enlisted, inducted, ordered or commissioned in or serving

with, attached to or accompanying the armed forces of the United States.

The fact that the officer administering the oath was at the time duly

commissioned and in active service with the armed forces, shall be

certified by the secretary of the army, secretary of the air force or by

the secretary of the navy, as the case may be, of the United States, or

by a person designated by him to make such certifications, but the place

where such oath was administered need not be disclosed. The oath of

office of a notary public or commissioner of deeds shall be filed in the

office of the clerk of the county in which he shall reside. The oath of

office of every state officer shall be filed in the office of the

secretary of state; of every officer of a municipal corporation,

including a school district, with the clerk thereof; and of every other

officer, including the trustees and officers of a public library and the

officers of boards of cooperative educational services, in the office of

the clerk of the county in which he shall reside, if no place be

otherwise provided by law for the filing thereof.

Official undertakings. 1. Every official undertaking, when

required by or in pursuance of law to be hereafter executed or filed by

any officer, shall be to the effect that he will faithfully discharge

the duties of his office and promptly account for and pay over all

moneys or property received by him as such officer, in accordance with

law, or in default thereof, that the parties executing such undertaking

will pay all damages, costs and expenses resulting from such default,

not exceeding a sum, if any, specified in such undertaking. The

undertaking of a state officer or clerk or employee shall be approved by

the attorney-general as to its form and manner of execution and by the

comptroller as to the sufficiency of the sureties and be filed in the

comptroller's office. The undertaking of a municipal officer shall, if

not otherwise provided by law, be approved as to its form and the

sufficiency of the sureties by the chief executive officer or by the

governing body of the municipality and be filed with the clerk thereof.

The approval by such governing body may be a resolution, a certified

copy of which shall be attached to the undertaking. The undertaking of

such county officer shall, if not otherwise provided by law, be approved

as to its form and the sufficiency of the sureties by the clerk of the

county, and filed in his office. The undertaking of a town officer

shall, if not otherwise provided by law, be approved as to its form and

the sufficiency of the sureties by the clerk of the county and filed in

his office. The sum specified in an official undertaking shall be the

sum for which such undertaking shall be required by or in pursuance of

law is given. If no sum, or a different sum from that required by or in

pursuance of law, be specified in the undertaking, it shall be deemed to

be an undertaking for the amount so required. If no sum be required by

or in pursuance of law to be so specified, the officer or board

authorized to approve the undertaking shall fix the sum to be specified

therein. Every official undertaking shall be executed and duly

acknowledged by at least two sureties, each of whom shall add thereto

his affidavit that he is a freeholder or householder within the state,

stating his occupation and residence and the street number of his

residence and place of business if in a city, and a sum which he is

worth over and above his just debts and liabilities and property exempt

from execution. The aggregate of the sums so stated in such affidavits

must be at least double the amount specified in the undertaking. If the

surety on an official undertaking of a state or local officer, clerk or

employee of the state or political subdivision thereof or of a municipal

corporation be a fidelity or surety corporation, the reasonable expense

of procuring such surety, not exceeding one percentum per annum upon the

sum for which such undertaking shall be required by or in pursuance of

law to be given, shall be a charge against the state or political

subdivision or municipal corporation respectively in and for which he is

elected or appointed, except that the expense of procuring such surety

as aforesaid, on an official undertaking of any officer, clerk or

employee in any city department of the city of New York, or of any

office, board or body of said city, or of a borough or county within

said city, including officers, clerks and employees of every court

within said city, shall not be a charge upon said city or upon any of

the counties contained within said city, unless the comptroller of the

said city, shall first have approved the necessity of requiring such

official undertaking to be given, and shall have approved of or fixed

the amount of any such official undertaking; but this exception shall

not apply to an official undertaking specifically required by statute to

be given, and the amount of which is specifically fixed by statute. The

failure to execute an official undertaking in the form or by the number

of sureties required by or in pursuance of law, or of a surety thereto

to make an affidavit required by or in pursuance of law, or in the form

so required, or the omission from such an undertaking of the approval

required by or in pursuance of law, shall not affect the liability of

the sureties therein.

2. Notwithstanding the foregoing provisions of this section or any

other law, general, special or local, requiring an official undertaking

to be conditioned substantially to the effect that an officer, clerk or

employee will faithfully discharge his duties and promptly account for

and pay over all moneys or property received by him in his official

capacity, it shall be permissible in lieu thereof, with the consent and

approval of the officer or governing body authorized to require the

undertaking, for any department or agency of the state or any municipal

corporation or district corporation or department or agency thereof to

procure a blanket undertaking from any duly authorized corporate surety

covering officers, clerks and employees. Any such blanket undertaking

entered into on or after January first, nineteen hundred seventy-eight

shall indemnify against losses:

(a) through the failure of the officers, clerks and employees covered

thereunder faithfully to perform their duties or to account properly for

all moneys or property received by virtue of their positions or

employment, and

(b) through fraudulent or dishonest acts committed by the officers,

clerks and employees covered thereunder.

Notwithstanding any provisions of the civil practice law and rules any

such blanket undertaking entered into prior to January first, nineteen

hundred eighty-three may contain a provision that no suit, action or

proceeding of any kind to recover on account of loss under such blanket

undertaking shall be brought after the expiration of three years from

the cancellation of such blanket undertaking as an entirety. Any such

blanket undertaking shall be approved as to its form, manner of

execution and sufficiency of the surety and filed and the expense of

procuring such surety paid in the same manner as provided in subdivision

one of this section. The failure to execute such blanket undertaking in

the form required by law, or the omission of the approval required by

law, shall not affect the liability of the surety thereon.

3. Nothing herein contained shall be construed to prevent the

procuring of a blanket undertaking to cover the liability of employees

handling funds collected pursuant to the provisions of section fifty of

the vehicle and traffic law.

4. Notwithstanding the provisions of this section or any other law,

general or special, requiring an official undertaking or bond to be

conditioned substantially to the effect that a state officer, clerk or

employee will faithfully discharge his duties and promptly account for

and pay over all moneys or property received by him in his official

capacity, the comptroller may, in his discretion, waive the requirement

of procuring such official undertaking or bond, and the expense of

procuring an official undertaking or bond shall not be a charge upon the

state unless the comptroller shall first have approved the necessity of

requiring such official undertaking or bond.

Force and effect of official undertaking. An officer of whom an

official undertaking is required, shall not receive any money or

property as such officer, or do any act affecting the disposition of any

money or property which such officer is entitled to receive or have the

custody of, before he shall have filed such undertaking; and any person

having the custody or control of any such money or property shall not

deliver the same to any officer of whom an undertaking is required until

such undertaking shall have been given. If a public officer required to

give an official undertaking, enters upon the discharge of any of his

official duties before giving such undertaking, the sureties upon his

undertaking subsequently given for or during his official term shall be

liable for all his acts and defaults done or suffered and for all moneys

and property received during such term prior to the execution of such

undertaking, or if a new undertaking is given, from the time notice to

give such new undertaking is served upon him. Every official undertaking

shall be obligatory and in force so long as the officer shall continue

to act as such and until his successor shall be appointed and duly

qualified, and until the conditions of the undertaking shall have been

fully performed. When an official undertaking is renewed pursuant to law

the sureties upon the former undertaking shall not be liable for any

official act done or moneys received after the due execution, approval

and filing of the new undertaking.

Notice of neglect to file oath or undertaking. The officer or

body making the appointment or certificate of election of a public

officer shall, if the officer be required to give an official

undertaking to be filed in an office other than that in which the

written appointment or certificate of election is to be filed, forthwith

give written notice of such appointment or election to the officer in

whose office the undertaking is to be filed. If any officer shall

neglect, within the time required by law, to take and file an official

oath, or execute and file an official undertaking, the officer, with

whom or in whose office such oath or undertaking is required to be

filed, shall forthwith give notice of such neglect, if of an appointive

officer, to the authority appointing such officer; if of an elective

officer, to the officer, board or body authorized to fill a vacancy in

such office, if any, or if none and a vacancy in the office may be

filled by a special election, to the officer, board or body authorized

to call or give notice of a special election to fill such vacancy;

except that the notice of failure of a justice of the peace to file his

official oath, shall be given to the town clerk of the town for which

the justice was elected.

Effect of consolidation on terms of office. If an office be

continued by the consolidated laws constituting the consolidation of

which this chapter is a part, the person lawfully holding such office at

the time of the taking effect of such consolidated laws shall, subject

to the provisions of such consolidated laws, continue therein for the

term for which he was chosen, or if holding over after the expiration of

his term, until his successor shall be chosen and shall have qualified.

Validation of official acts performed before filing official

oath or undertaking. If a public officer, duly chosen, has heretofore

entered, or shall hereafter enter on the performance of the duties of

his or her office, without taking or filing an official oath, or

executing or filing an official undertaking, as required by the

constitution, section ten of this article, section twenty-five of the

town law or section one hundred four of the uniform justice court act,

or by any general or special law, his or her acts as such officer, so

performed, shall be as valid and of as full force and effect as if such

oath had been duly taken and filed, and as if such undertaking had been

duly executed and filed, notwithstanding the provisions of any general

or special law declaring any such office vacant, or authorizing it to be

declared vacant, or to be filled as in case of vacancy, or imposing any

other forfeiture or penalty for omission to take or file any such oath,

or to execute or file any such undertaking; but this section shall not

otherwise affect any provision of any general or special law, declaring

any such office vacant, or authorizing it to be declared vacant, or to

be filled as in case of vacancy, or imposing any other forfeiture or

penalty, by reason of the failure to take or file any such oath or to

execute or file any such undertaking; and this section shall not relieve

any such officer from criminal liability for entering on the discharge

of his or her official duties without taking or filing such oath or

executing or filing such undertaking in accordance with such provisions.

Qualifications of certain judicial officers in cities of the

first class. A person shall be eligible for appointment to the office

of magistrate, judge or justice of an inferior court of criminal

jurisdiction in a city of the first class, who shall at the time of such

appointment be of full age, a citizen of the United States, a resident

of the city, an attorney and counselor-at-law admitted to practice for

the period prescribed by special law, or in lieu thereof shall have been

a member of the legislature of the state for at least twelve consecutive

years, notwithstanding the provisions of any general or special law

inconsistent herewith.

Defense and indemnification of state officers and employees. 1.

(a) As used in this section, unless the context otherwise requires the

term "employee" shall mean any person holding a position by election,

appointment or employment in the service of the state, including

clinical practice pursuant to subdivision fourteen of section two

hundred six of the public health law, whether or not compensated, or a

volunteer expressly authorized to participate in a state-sponsored

volunteer program, but shall not include an independent contractor. The

term employee shall include a former employee, his estate or judicially

appointed personal representative and persons who assist the education

department or the department of health as consultants or expert

witnesses in the investigation or prosecution of alleged professional

misconduct, licensure matters, restoration proceedings, or criminal

prosecutions for unauthorized practice pursuant to title eight of the

education law or title II-A of the public health law.

(b) For the purposes of this section, the term "employee" shall

include members, officers and other persons in the employment of the New

York state energy research and development authority, members of the

board of directors, officers and other persons in the employment of the

New York state science and technology foundation, and members of the

board of directors, officers and other persons in the employment of the

New York state olympic accommodations control corporation or serving on

its board of directors on or before June thirtieth, nineteen hundred

eighty.

(c) For the purposes of this section, the term "employee" shall

include members of the state patient qualification review board

appointed by the commissioner of health pursuant to article

thirty-three-A of the public health law.

(d) For the purposes of this section, the term "employee" shall

include directors, officers and employees of the facilities development

corporation.

(e) For the purposes of this section, the term "employee" shall

include directors, officers and employees of the environmental

facilities corporation.

(f) For the purposes of this section, the term "employee" shall

include ombudsmen designated under section five hundred forty-four and

section five hundred forty-five of the executive law, and shall include

such ombudsmen without regard to whether they are volunteers or paid

staff of the office for the aging or of designated substate ombudsman

programs under the direction of the office.

(g) For the purposes of this section, the term "employee" shall

include the members of the board, officers and employees of the greenway

heritage conservancy for the Hudson river valley or the greenway

council.

(h) For the purposes of this section, the term "employee" shall

include members of the board, officers and employees of the New York

local government assistance corporation.

(i) For purposes of this section, the term "employee" shall include

the officers and employees of the Central Pine Barrens joint planning

and policy commission.

(j) For purposes of this section, the term "employee" shall include

directors, officers and employees of the dormitory authority.

(k) For the purposes of this section only, the term "employee" shall

include any member, director, officer or employee of a soil and water

conservation district created pursuant to section five of the soil and

water conservation districts law who is working on a project which

receives funding from the state and has received approval by the state

soil and water conservation committee or who is carrying out the powers

and duties pursuant to article two of the soil and water conservation

districts law by working with any agency of the state as defined by

subdivision five of section three of the soil and water conservation

districts law.

(l) For the purposes of this section and consistent with the

provisions of section 13 of a chapter of the laws of 1997, amending the

public authorities law, the public health law, the public officers law,

chapter 41 of the laws of 1997 relating to providing a retirement

incentive for certain public employees, and the civil service law,

relating to the creation of the Roswell Park Cancer Institute

corporation and providing for the rights, powers, duties and

jurisdiction of such corporation, the term "employee" shall include

directors, officers and employees of the Roswell Park Cancer Institute

corporation.

(m) For the purposes of this section, the term "employee" shall

include the members of the spinal cord injury research board within the

department of health.

(n) For the purposes of this section, the term "employee" shall

include directors, officers, and employees of the Governor Nelson A.

Rockefeller empire state plaza performing arts center corporation.

(o) For the purposes of this section, the term "employee" shall

include the directors, officers and employees of the state of New York

mortgage agency.

(q) For the purposes of this section, the term "employee" shall

include the members, officers and employees of the tobacco settlement

financing corporation.

(r) For the purposes of this section, the term "employee" shall

include the directors, officers, and employees of the state of New York

municipal bond bank agency and the directors, officers, employees,

trustees and other managers (however denominated), of any tax lien

entity (as defined in subdivision sixteen of section twenty-four hundred

thirty-two of the public authorities law) of the state of New York

municipal bond bank agency.

(s) For the purposes of this section, the term "employee" shall

include the members of the board, officers and employees of the Niagara

river greenway commission.

(t) For the purposes of this section, the term "employee" shall

include the members of the board, officers and employees of the

dormitory authority for purposes of section sixteen hundred eighty-l of

the public authorities law.

(v) For the purposes of this section, the term "employee" shall

include the members of the board, and officers and employees of the New

York city off-track betting corporation.

(w) For purposes of this section, the term "employee" shall include

(i) a person certified by the office of court administration and paid by

the city of New York to serve as a guardian ad litem in an action or

proceeding pending in the housing part of the civil court of the city of

New York; or (ii) a person certified by the office of court

administration and paid by the county of Westchester to serve as a

guardian ad litem in a non-payment, holdover, or other landlord-tenant

action or proceeding pending in a village, town, city, or other court in

the county of Westchester.

(x) For the purposes of this section, the term "employee" shall

include the members of the board, officers and employees of the

dormitory authority for purposes of section sixteen hundred eighty-q of

the public authorities law.

(y) For purposes of this section, the term "employee" shall include

members of the board, officers and employees of the New York state

thruway authority or its subsidiaries.

(z) For purposes of this section, the term "employee" shall include

members of the governing board, officers and employees of the New York

state canal corporation.

2. (a) Upon compliance by the employee with the provisions of

subdivision four of this section, the state shall provide for the

defense of the employee in any civil action or proceeding in any state

or federal court arising out of any alleged act or omission which

occurred or is alleged in the complaint to have occurred while the

employee was acting within the scope of his public employment or duties;

or which is brought to enforce a provision of section nineteen hundred

eighty-one or nineteen hundred eighty-three of title forty-two of the

United States code and the act or omission underlying the action

occurred or is alleged in the complaint to have occurred while the

employee was acting within the scope of his public employment or duties.

This duty to provide for a defense shall not arise where such civil

action or proceeding is brought by or on behalf of the state.

(b) Subject to the conditions set forth in paragraph (a) of this

subdivision, the employee shall be entitled to be represented by the

attorney general, provided, however, that the employee shall be entitled

to representation by private counsel of his choice in any civil judicial

proceeding whenever the attorney general determines based upon his

investigation and review of the facts and circumstances of the case that

representation by the attorney general would be inappropriate, or

whenever a court of competent jurisdiction, upon appropriate motion or

by a special proceeding, determines that a conflict of interest exists

and that the employee is entitled to be represented by private counsel

of his choice. The attorney general shall notify the employee in writing

of such determination that the employee is entitled to be represented by

private counsel. The attorney general may require, as a condition to

payment of the fees and expenses of such representation, that

appropriate groups of such employees be represented by the same counsel.

If the employee or group of employees is entitled to representation by

private counsel under the provisions of this section, the attorney

general shall so certify to the comptroller. Reasonable attorneys' fees

and litigation expenses shall be paid by the state to such private

counsel from time to time during the pendency of the civil action or

proceeding subject to certification that the employee is entitled to

representation under the terms and conditions of this section by the

head of the department, commission, division, office or agency in which

such employee is employed and upon the audit and warrant of the

comptroller. Any dispute with respect to representation of multiple

employees by a single counsel or the amount of litigation expenses or

the reasonableness of attorneys' fees shall be resolved by the court

upon motion or by way of a special proceeding.

(c) Where the employee delivers process and a request for a defense to

the attorney general as required by subdivision four of this section,

the attorney general shall take the necessary steps including the

retention of private counsel under the terms and conditions provided in

paragraph (b) of subdivision two of this section on behalf of the

employee to avoid entry of a default judgment pending resolution of any

question pertaining to the obligation to provide for a defense.

3. (a) The state shall indemnify and save harmless its employees in

the amount of any judgment obtained against such employees in any state

or federal court, or in the amount of any settlement of a claim, or

shall pay such judgment or settlement; provided, that the act or

omission from which such judgment or settlement arose occurred while the

employee was acting within the scope of his public employment or duties;

the duty to indemnify and save harmless or pay prescribed by this

subdivision shall not arise where the injury or damage resulted from

intentional wrongdoing on the part of the employee.

(b) An employee represented by the attorney general or by private

counsel pursuant to this section shall cause to be submitted to the head

of the department, commission, division, office or agency in which he is

employed any proposed settlement which may be subject to indemnification

or payment by the state and if not inconsistent with the provisions of

this section such head of the department, commission, division, office

or agency in which he is employed shall certify such settlement, and

submit such settlement and certification to the attorney general. The

attorney general shall review such proposed settlement as to form and

amount, and shall give his approval if in his judgment the settlement is

in the best interest of the state. Nothing in this subdivision shall be

construed to authorize the state to indemnify and save harmless or pay

an employee with respect to a settlement not so reviewed and approved by

the attorney general.

(c) Nothing in this subdivision shall authorize the state to indemnify

or save harmless an employee with respect to fines or penalties, or

money recovered from an employee pursuant to article seven-a of the

state finance law; provided, however, that the state shall indemnify and

save harmless its employees in the amount of any costs, attorneys' fees,

damages, fines or penalties which may be imposed by reason of an

adjudication that an employee, acting within the scope of his public

employment or duties, has, without willfulness or intent on his part,

violated a prior order, judgment, consent decree or stipulation of

settlement entered in any court of this state or of the United States.

The attorney general shall promulgate such rules and regulations as are

necessary to effectuate the purposes of this subdivision.

(d) Upon entry of a final judgment against the employee, or upon the

settlement of the claim, the employee shall cause to be served a copy of

such judgment or settlement, personally or by certified or registered

mail within thirty days of the date of entry or settlement, upon the

head of the department, commission, division, office or agency in which

he is employed; and if not inconsistent with the provisions of this

section, such judgment or settlement shall be certified for payment by

such head of the department, commission, division, office or agency. If

the attorney general concurs in such certification, the judgment or

settlement shall be paid upon the audit and warrant of the comptroller.

On or before January fifteenth the comptroller, in consultation with the

department of law and other agencies as may be appropriate, shall submit

to the governor and the legislature an annual accounting of judgments,

settlements, fees, and litigation expenses paid pursuant to this section

during the preceding and current fiscal years. Such accounting shall

include, but not be limited to the number, type and amount of claims so

paid, as well as an estimate of claims to be paid during the remainder

of the current fiscal year and during the following fiscal year.

4. The duty to defend or indemnify and save harmless prescribed by

this section shall be conditioned upon (i) delivery to the attorney

general or an assistant attorney general at an office of the department

of law in the state by the employee of the original or a copy of any

summons, complaint, process, notice, demand or pleading within five days

after he is served with such document, and (ii) the full cooperation of

the employee in the defense of such action or proceeding and in defense

of any action or proceeding against the state based upon the same act or

omission, and in the prosecution of any appeal. Such delivery shall be

deemed a request by the employee that the state provide for his defense

pursuant to this section.

5. The benefits of this section shall inure only to employees as

defined herein and shall not enlarge or diminish the rights of any other

party nor shall any provision of this section be construed to affect,

alter or repeal any provision of the workers' compensation law.

6. This section shall not in any way affect the obligation of any

claimant to give notice to the state under section ten of the court of

claims act or any other provision of law.

7. The provisions of this section shall not be construed to impair,

alter, limit or modify the rights and obligations of any insurer under

any policy of insurance.

8. The provisions of this section shall apply to all actions and

proceedings pending upon the effective date thereof or thereafter

instituted.

9. Except as otherwise specifically provided in this section, the

provisions of this section shall not be construed in any way to impair,

alter, limit, modify, abrogate or restrict any immunity available to or

conferred upon any unit, entity, officer or employee of the state or any

other level of government, or any right to defense and/or

indemnification provided for any governmental officer or employee by, in

accordance with, or by reason of, any other provision of state or

federal statutory or common law.

10. If any provision of this section or the application thereof to any

person or circumstance be held unconstitutional or invalid in whole or

in part by any court of competent jurisdiction, such holding of

unconstitutionality or invalidity shall in no way affect or impair any

other provision of this section or the application of any such provision

to any other person or circumstance.

11. The provisions of this section shall not apply to physicians who

are subject to the provisions of the plan for the management of clinical

practice income as set forth in the policies of the board of trustees,

title 8, New York codes, rules and regulations, regarding any civil

action or proceeding alleging some professional malpractice in any state

or federal court arising out of the physician's involvement in clinical

practice as defined in that plan, provided however, that the provisions

of this section shall apply when a claim or proceeding arises while the

physician was acting on behalf of the state within the scope of such

physician's public employment or duties.

Reimbursement of funds paid by state agencies and state

entities for the payment of awards adjudicated in sexual harassment

claims. 1. As used in this section, the term "employee" shall mean any

person holding a position by election, appointment, or employment in the

service of the state of New York, whether or not compensated. The term

"employee" shall include a former employee or judicially appointed

personal representative.

2. Notwithstanding any law to the contrary, any employee who has been

subject to a final judgment of personal liability for intentional

wrongdoing related to a claim of sexual harassment, shall reimburse any

state agency or entity that makes a payment to a plaintiff for an

adjudicated award based on a claim of sexual harassment resulting in a

judgment, for his or her proportionate share of such judgment. Such

employee shall personally reimburse such state agency or entity within

ninety days of the state agency or entity's payment of such award.

3. If such employee fails to reimburse such state agency or entity

pursuant to subdivision two of this section within ninety days from the

date such state agency or entity makes a payment for the financial

award, the comptroller shall, upon obtaining a money judgment, withhold

from such employee's compensation the amounts allowable pursuant to

section fifty-two hundred thirty-one of the civil practice law and

rules.

4. If such employee is no longer employed by such state agency or

entity such state agency or entity shall have the right to receive

reimbursement through the enforcement of a money judgment pursuant to

article fifty-two of the civil practice law and rules.

Defense and indemnification of officers and employees of public

entities. 1. As used in this section, unless the context otherwise

requires:

(a) The term "public entity" shall mean (i) a county, city, town,

village or any other political subdivision or civil division of the

state, (ii) a school district, board of cooperative educational

services, or any other governmental entity or combination or association

of governmental entities operating a public school, college, community

college or university, (iii) a public improvement or special district,

(iv) a public authority, commission, agency or public benefit

corporation, or (v) any other separate corporate instrumentality or unit

of government; but shall not include the state of New York or any other

public entity the officers and employees of which are covered by section

seventeen of this chapter or by defense and indemnification provisions

of any other state statute taking effect after January first, nineteen

hundred seventy-nine.

(b) The term "employee" shall mean any commissioner, member of a

public board or commission, trustee, director, officer, employee,

volunteer expressly authorized to participate in a publicly sponsored

volunteer program, or any other person holding a position by election,

appointment or employment in the service of a public entity, whether or

not compensated, but shall not include the sheriff of any county or an

independent contractor. The term "employee" shall include a former

employee, his estate or judicially appointed personal representative.

(c) The term "governing body" shall mean the board or body in which

the general legislative, governmental or public powers of the public

entity are vested and by authority of which the business of the public

entity is conducted.

2. The provisions of this section shall apply to any public entity:

(a) whose governing body has agreed by the adoption of local law,

by-law, resolution, rule or regulation (i) to confer the benefits of

this section upon its employees, and (ii) to be held liable for the

costs incurred under these provisions; or

(b) where the governing body of a municipality, for whose benefit the

public entity has been established, has agreed by the adoption of local

law or resolution (i) to confer the benefits of this section upon the

employees of such public entity, and (ii) to be held liable for the

costs incurred under these provisions.

3. (a) Upon compliance by the employee with the provisions of

subdivision five of this section, the public entity shall provide for

the defense of the employee in any civil action or proceeding, state or

federal, arising out of any alleged act or omission which occurred or

allegedly occurred while the employee was acting within the scope of his

public employment or duties. This duty to provide for a defense shall

not arise where such civil action or proceeding is brought by or at the

behest of the public entity employing such employee.

(b) Subject to the conditions set forth in paragraph (a) of this

subdivision, the employee shall be entitled to be represented by private

counsel of his choice in any civil action or proceeding whenever the

chief legal officer of the public entity or other counsel designated by

the public entity determines that a conflict of interest exists, or

whenever a court, upon appropriate motion or otherwise by a special

proceeding, determines that a conflict of interest exists and that the

employee is entitled to be represented by counsel of his choice,

provided, however, that the chief legal officer or other counsel

designated by the public entity may require, as a condition to payment

of the fees and expenses of such representation, that appropriate groups

of such employees be represented by the same counsel. Reasonable

attorneys' fees and litigation expenses shall be paid by the public

entity to such private counsel from time to time during the pendency of

the civil action or proceeding with the approval of the governing body

of the public entity.

(c) Any dispute with respect to representation of multiple employees

by a single counsel or the amount of litigation expenses or the

reasonableness of attorneys' fees shall be resolved by the court upon

motion or by way of a special proceeding.

(d) Where the employee delivers process and a written request for a

defense to the public entity under subdivision five of this section, the

public entity shall take the necessary steps on behalf of the employee

to avoid entry of a default judgment pending resolution of any question

pertaining to the obligation to provide for a defense.

4. (a) The public entity shall indemnify and save harmless its

employees in the amount of any judgment obtained against such employees

in a state or federal court, or in the amount of any settlement of a

claim, provided that the act or omission from which such judgment or

claim arose occurred while the employee was acting within the scope of

his public employment or duties; provided further that in the case of a

settlement the duty to indemnify and save harmless shall be conditioned

upon the approval of the amount of settlement by the governing body of

the public entity.

(b) Except as otherwise provided by law, the duty to indemnify and

save harmless prescribed by this subdivision shall not arise where the

injury or damage resulted from intentional wrongdoing or recklessness on

the part of the employee.

(c) Nothing in this subdivision shall authorize a public entity to

indemnify or save harmless an employee with respect to punitive or

exemplary damages, fines or penalties, or money recovered from an

employee pursuant to section fifty-one of the general municipal law;

provided, however, that the public entity shall indemnify and save

harmless its employees in the amount of any costs, attorneys' fees,

damages, fines or penalties which may be imposed by reason of an

adjudication that an employee, acting within the scope of his public

employment or duties, has, without willfulness or intent on his part,

violated a prior order, judgment, consent decree or stipulation of

settlement entered in any court of this state or of the United States.

(d) Upon entry of a final judgment against the employee, or upon the

settlement of the claim, the employee shall serve a copy of such

judgment or settlement, personally or by certified or registered mail

within thirty days of the date of entry or settlement, upon the chief

administrative officer of the public entity; and if not inconsistent

with the provisions of this section, the amount of such judgment or

settlement shall be paid by the public entity.

5. The duty to defend or indemnify and save harmless prescribed by

this section shall be conditioned upon: (i) delivery by the employee to

the chief legal officer of the public entity or to its chief

administrative officer of a written request to provide for his defense

together with the original or a copy of any summons, complaint, process,

notice, demand or pleading within ten days after he is served with such

document, and (ii) the full cooperation of the employee in the defense

of such action or proceeding and in defense of any action or proceeding

against the public entity based upon the same act or omission, and in

the prosecution of any appeal.

6. The benefits of this section shall inure only to employees as

defined herein and shall not enlarge or diminish the rights of any other

party nor shall any provision of this section be construed to affect,

alter or repeal any provision of the workers' compensation law.

7. This section shall not in any way affect the obligation of any

claimant to give notice to the public entity under section ten of the

court of claims act, section fifty-e of the general municipal law, or

any other provision of law.

8. Any public entity is hereby authorized and empowered to purchase

insurance from any insurance company created by or under the laws of

this state, or authorized by law to transact business in this state,

against any liability imposed by the provisions of this section, or to

act as a self-insurer with respect thereto.

9. All payments made under the terms of this section, whether for

insurance or otherwise, shall be deemed to be for a public purpose and

shall be audited and paid in the same manner as other public charges.

10. The provisions of this section shall not be construed to impair,

alter, limit or modify the rights and obligations of any insurer under

any policy of insurance.

11. Except as otherwise specifically provided in this section, the

provisions of this section shall not be construed in any way to impair,

alter, limit, modify, abrogate or restrict any immunity to liability

available to or conferred upon any unit, entity, officer or employee of

any public entity by, in accordance with, or by reason of, any other

provision of state or federal statutory or common law.

12. Except as otherwise provided in this section, benefits accorded to

employees under this section shall be in lieu of and take the place of

defense or indemnification protections accorded the same employees by

another enactment; unless the governing body of the public entity shall

have provided that these benefits shall supplement, and be available in

addition to, defense or indemnification protection conferred by another

enactment.

13. The provisions of this section shall also be applicable to any

public library supported in whole or in part by a public entity whose

governing body has determined by adoption of a local law, ordinance,

by-law, resolution, rule or regulation to confer the benefits of this

section upon the employees of such public library and to be held liable

for the costs incurred under these provisions.

14. If any provision of this section or the application thereof to any

person or circumstance be held unconstitutional or invalid in whole or

in part by any court, such holding of unconstitutionality or invalidity

shall in no way affect or impair any other provision of this section or

the application of any such provision to any other person or

circumstance.

Reimbursement of funds paid by a public entity for the payment

of awards adjudicated in sexual harassment claims. 1. As used in this

section:

(a) The term "public entity" shall mean (i) a county, city, town,

village or any other political subdivision or civil division of the

state; (ii) a school district, board of cooperative educational

services, or any other governmental entity or combination or association

of governmental entities operating a public school, college, community

college or university; (iii) a public improvement or special district;

(iv) a public authority, commission, agency or public benefit

corporation; or (v) any other separate corporate instrumentality or unit

of government; but shall not include the state of New York or any other

public entity the employees of which are covered by section seventeen-a

of this article.

(b) The term "employee" shall mean any commissioner, member of a

public board or commission, trustee, director, officer, employee, or any

other person holding a position by election, appointment or employment

in the service of a public entity, whether or not compensated. The term

"employee" shall include a former employee or judicially appointed

personal representative.

2. Notwithstanding any law to the contrary, any employee who has been

subject to a final judgment of personal liability for intentional

wrongdoing related to a claim of sexual harassment, shall reimburse any

public entity that makes a payment to a plaintiff for an adjudicated

award based on a claim of sexual harassment resulting in a judgment, for

his or her proportionate share of such judgment. Such employee shall

personally reimburse such public entity within ninety days of the public

entity's payment of such award.

3. If such employee fails to reimburse such public entity pursuant to

subdivision two of this section within ninety days from the date such

public entity makes a payment for the financial award, the chief fiscal

officer of such public entity shall, upon obtaining a money judgment,

withhold from such employee's compensation the amounts allowable

pursuant to section fifty-two hundred thirty-one of the civil practice

law and rules.

4. If such employee is no longer employed by such public entity, such

public entity shall have the right to receive reimbursement through the

enforcement of a money judgment pursuant to article fifty-two of the

civil practice law and rules.

Reimbursement of defense costs incurred by or on behalf of state

employees. 1. (a) As used in this section, unless the context otherwise

requires, the term "employee" shall mean any person holding a position

by election, appointment or employment in the service of the state,

whether or not compensated, or a volunteer expressly authorized to

participate in a state-sponsored volunteer program, but shall not

include an independent contractor. The term employee shall include a

former employee, his estate or judicially appointed personal

representative and persons who assist the education department or the

department of health as consultants or expert witnesses in the

investigation or prosecution of alleged professional misconduct,

licensure matters, restoration proceedings or criminal prosecutions for

unauthorized practice pursuant to title eight of the education law or

title II-A of article two of the public health law.

(b) For the purposes of this section, the term "employee" shall

include members, officers and other persons in the employment of the New

York state energy research and development authority.

(c) For the purposes of this section, the term "employee" shall

include members of the state patient qualification review board

appointed by the commissioner of health pursuant to article

thirty-three-A of the public health law.

(d) For the purposes of this section, the term "employee" shall

include directors, officers and employees of the facilities development

corporation.

(e) For the purposes of this section, the term "employee" shall

include directors, officers and employees of the environmental

facilities corporation.

(f) For purposes of this section, the term "employee" shall include

directors, officers and employees of the dormitory authority;

(g) For the purposes of this section only, the term "employee" shall

include any member, director, officer or employee of a soil and water

conservation district created pursuant to section five of the soil and

water conservation districts law who is working on a project which

receives funding from the state and has received approval by the state

soil and water conservation committee.

(h) For the purposes of this section and consistent with the

provisions of section 13 of a chapter of the laws of 1997, amending the

public authorities law, the public health law, the public officers law,

chapter 41 of the laws of 1997 relating to providing a retirement

incentive for certain public employees, and the civil service law,

relating to the creation of the Roswell Park Cancer Institute

corporation and providing for the rights, powers, duties and

jurisdiction of such corporation, the term "employee" shall include

directors, officers and employees of the Roswell Park Cancer Institute

corporation.

(i) For the purposes of this section, the term "employee" shall

include directors, officers, and employees of the Governor Nelson A.

Rockefeller empire state plaza performing arts center corporation.

(j) For purposes of this section, the term "employee" shall include

directors, officers and employees of the thruway authority, and the

directors, officers and employees of the canal corporation. In those

cases where the definition of the term "employee" provided in this

paragraph is applicable, the term "state", as utilized in subdivisions

two, three, and four of this section, shall mean the thruway authority

when the employee is a director, officer, or employee of the thruway

authority, or the canal corporation, when the employee is a director,

officer, or employee of the canal corporation.

2. (a) Upon compliance by the employee with the provisions of

subdivision three of this section, and subject to the conditions set

forth in paragraph (b) of this subdivision, it shall be the duty of the

state to pay reasonable attorneys' fees and litigation expenses incurred

by or on behalf of an employee in his or her defense of a criminal

proceeding in a state or federal court arising out of any act which

occurred while such employee was acting within the scope of his public

employment or duties upon his acquittal or upon the dismissal of the

criminal charges against him or reasonable attorneys' fees incurred in

connection with an appearance before a grand jury which returns no true

bill against the employee where such appearance was required as a result

of any act which occurred while such employee was acting within the

scope of his public employment or duties unless such appearance occurs

in the normal course of the public employment or duties of such

employee.

(b) Upon the application for reimbursement for reasonable attorneys'

fees or litigation expenses or both made by or on behalf of an employee

as provided in subdivision three of this section, the attorney general

shall determine, based upon his investigation and his review of the

facts and circumstances, whether such reimbursement shall be paid. The

attorney general shall notify the employee in writing of such

determination. Upon determining that such reimbursement should be

provided, the attorney general shall so certify to the comptroller. Upon

such certification, reimbursement shall be made for such fees or

expenses or both upon the audit and warrant of the comptroller. On or

before January fifteenth the comptroller, in consultation with the

department of law and other agencies as may be appropriate, shall submit

to the governor and the legislature an annual accounting of judgments,

settlements, fees, and litigation expenses paid pursuant to this section

during the preceding and current fiscal years. Such accounting shall

include, but not be limited to the number, type and amount of claims so

paid, as well as an estimate of claims to be paid during the remainder

of the current fiscal year and during the following fiscal year. Any

dispute with regard to entitlement to reimbursement or the amount of

litigation expenses or the reasonableness of attorneys' fees shall be

resolved by a court of competent jurisdiction upon appropriate motion or

by way of a special proceeding.

3. Reimbursement of reasonable attorneys' fees or litigation expenses

or both by the state as prescribed by this section shall be conditioned

upon (a) delivery to the attorney general or an assistant attorney

general at an office of the department of law in the state by the

employee of a written request for reimbursement of expenses together

with, in the case of a criminal proceeding, the original or a copy of an

accusatory instrument within ten days after he is arraigned upon such

instrument or, in the case of a grand jury appearance, written

documentation of evidence of such appearance and (b) the full

cooperation of the employee in defense of any action or proceeding

against the state based upon the same act, and in the prosecution of any

appeal.

4. Except as otherwise specifically provided in this section, the

provisions of this section shall not be construed in any way to impair,

alter, limit, modify, abrogate or restrict any immunity available to or

conferred upon any unit, entity, officer or employee of the state or any

other level of government, or any right to defense and/or

indemnification provided for any governmental officer or employee by, in

accordance with, or by reason of, any other provisions of state or

federal statutory or common law.

5. If any provision of this section or the application thereof to any

person or circumstance be held unconstitutional or invalid in whole or

in part by any court of competent jurisdiction, such holding of

unconstitutionality or invalidity shall in no way affect or impair any

other provision of this section or the application of any such provision

to any other person or circumstances.

Action upon official bond or undertaking. Where a public

officer is required to give an official bond or undertaking, and special

provision is not made by law for the prosecution of the bond or

undertaking, by or for the benefit of a person who has sustained by his

default, delinquency or misconduct, an injury, for which the sureties

upon the bond or undertaking are liable, such a person may apply for

leave to prosecute such official bond or undertaking. Such application

shall be made to the supreme court except as otherwise provided in this

article.

Application may be made ex parte. Such application may be made

without notice; but in that case the officer, or either of his sureties,

may apply upon notice, to vacate an order permitting the applicant to

maintain an action, upon any ground showing that it ought not to have

been granted.

Proof to accompany application. The application must be

accompanied with

1. A certified copy of the official bond or undertaking;

2. Proof by affidavit of the default or misconduct complained of, and

that satisfaction of the same has not been received.

3. If the default consists of the non-payment of money, and the

applicant has not recovered judgment against the officer, or special

provision is not otherwise made by law, proof of a demand for the money

from the officer, or that a demand cannot be made with due diligence.

Order granting leave; action thereupon. Upon such an

application, the court must grant an order, permitting the applicant to

maintain an action upon the bond or undertaking. The action must be

brought, in the court which granted the order, by the applicant as

plaintiff; and it may be maintained, as if the applicant was the obligee

named in the bond or undertaking, except as otherwise expressly

prescribed in this article.

Successive actions. The same, or any other applicant, may, in

like manner, either before or after judgment in the first action, obtain

an order, permitting him to maintain another action, in the same court,

upon the same bond or undertaking, for another default or misconduct.

Any number of such orders may be successively made; and neither of the

actions authorized thereby is affected by the pendency of, or the

recovery of judgment in, any other, except as otherwise expressly

prescribed in this article.

Indorsement upon execution. Where an execution is issued upon a

judgment, recovered against the public officer and any of his sureties,

in an action, brought pursuant to this article, the plaintiff's attorney

must indorse thereon a direction to collect the same, in the first place

out of the property of the public officer, and, if sufficient property

cannot be found, then to collect the deficiency out of the property of

the surety or sureties.

Collection of execution; when a defence to subsequent action. It

is a defence by a surety, against whom an action is brought upon an

official bond or undertaking, that he, or any other surety or sureties,

have been or will be compelled, for want of sufficient property of the

public officer to pay, upon one or more judgments recovered against him

or them, upon the same bond or undertaking, an aggregate amount,

exclusive of costs, officers' fees, and expenses, equal to the sum for

which the defendant is liable, by reason of the bond or undertaking. It

is a partial defence, that the difference between the aggregate amount,

so paid, or to be paid, and the sum for which the defendant is thus

liable, is less than the amount of the plaintiff's demand.

When claimants entitled to ratable distribution. If the

aggregate amount of the liabilities, which might be recovered by actions

upon an official bond or undertaking, as prescribed in this article,

exceeds the sum for which the sureties are liable, the court must, upon

the application of a person who has obtained leave to prosecute the bond

or undertaking, made upon notice to the plaintiff's attorney, in each

action then pending upon such bond or undertaking, and in each

uncollected judgment recovered thereupon, direct and provide for the

distribution of the money, collected out of the property of the

sureties, among the persons in favor of whom the liabilities have

accrued, in proportion to the amount which each one is entitled to

recover; to be ascertained by a reference, or in such other manner as

the court directs. For the purposes of the motion an order may be made

by a judge, forbidding the payment to the plaintiff in any action, of

the sum collected or to be collected by virtue of a judgment therein.

But this section does not authorize the court to compel a plaintiff to

refund any money, collected and received by him, in good faith, before

service of notice of such an order.

Receivers, assignees and trustees deemed public officers. A

receiver, an assignee of an insolvent debtor, or a trustee or other

officer, appointed by a court or a judge, is a public officer, within

the meaning of this article; but where he was appointed by or pursuant

to the order of a court, or in proceedings supplementary to execution

against property, the application for leave to prosecute his official

bond or undertaking must be made to the court by which, or pursuant to

whose order, he was appointed, or in which the judgment was rendered, as

the case may be.

Creation of vacancies. 1. Every office shall be vacant upon the

happening of one of the following events before the expiration of the

term thereof:

a. The death of the incumbent;

b. His resignation;

c. His removal from office;

d. His ceasing to be an inhabitant of the state, or if he be a local

officer, of the political subdivision, or municipal corporation of which

he is required to be a resident when chosen;

e. His or her conviction of a felony, conviction of a crime involving

a violation of his or her oath of office, or upon entering a guilty plea

in federal court to a felony, or upon entering a guilty plea in federal

court to a crime involving a violation of his or her oath of office,

provided, however, that a non-elected official may apply for

reinstatement to the appointing authority upon reversal or the vacating

of such conviction where the conviction is the sole basis for the

vacancy. After receipt of such application, the appointing authority

shall afford such applicant a hearing to determine whether reinstatement

is warranted. The record of the hearing shall include the final judgment

of the court which reversed or vacated such conviction and may also

include the entire employment history of the applicant and any other

submissions which may form the basis of the grant or denial of

reinstatement notwithstanding the reversal or vacating of such

conviction. Notwithstanding any law to the contrary, after review of

such record, the appointing authority may, in its discretion, reappoint

such non-elected official to his or her former office, or a similar

office if his or her former office is no longer available. In the event

of such reinstatement, the appointing authority may, in its discretion,

award salary or compensation in full or in part for the period from the

date such office became vacant to the date of reinstatement or any part

thereof;

f. The entry of a judgment or order of a court of competent

jurisdiction declaring him to be incompetent;

g. The judgment of a court, declaring void his election or

appointment, or that his office is forfeited or vacant;

h. His refusal or neglect to file his official oath or undertaking, if

one is required, before or within thirty days after the commencement of

the term of office for which he is chosen, if an elective office, or if

an appointive office, within thirty days after notice of his

appointment, or within thirty days after the commencement of such term;

or to file a renewal undertaking within the time required by law, or if

no time be so specified, within thirty days after notice to him in

pursuance of law, that such renewal undertaking is required. The neglect

or failure of any state or local officer to execute and file his oath of

office and official undertaking within the time limited therefor by law,

shall not create a vacancy in the office if such officer was on active

duty in the armed forces of the United States and absent from the county

of his residence at the time of his election or appointment, and shall

take his oath of office and execute his official undertaking within

thirty days after receipt of notice of his election or appointment, and

provided such oath of office and official undertaking be filed within

ninety days following the date it has been taken and subscribed, any

inconsistent provision of law, general, special, or local to the

contrary, notwithstanding.

2. When a new or an additional office shall be created, such office

shall for the purposes of an appointment or election, be vacant from the

date of its creation, until it shall be filled by election or

appointment.

3. When any member of a board, commission, committee or authority,

holding office by appointment of the governor, fails to attend three

consecutive regular meetings of such board, commission, committee or

authority, unless such absence is for good cause and is excused by the

chairman or other presiding officer thereof, or, in the case of such

chairman or other presiding officer, by the governor, the office may be

deemed vacant for purposes of the nomination and appointment of a

successor.

4. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation if the incumbent thereof ceases to be a resident

of such political subdivision or municipal corporation, shall apply in

the case of a person who is a member of the police force of any

political subdivision or municipal corporation of the state and who

while a member of such force resides (a) in the county in which such

political subdivision or municipal corporation is located; or (b) in a

county within the state contiguous to the county in which such political

subdivision or municipal corporation is located; or (c) in a county

within the state contiguous to such political subdivision or municipal

corporation; or (d) in a county within the state contiguous to a county

described in item (c) hereof where the former is less than fifteen miles

from such political subdivision or municipal corporation, measured from

their respective nearest boundary lines; or (e) in a county within the

state contiguous to a county described in item (d) hereof where the

former is less than thirty miles from such political subdivision or

municipal corporation, measured from their respective nearest boundary

lines:

(1) If such person was appointed as a member of such police force

prior to July first, nineteen hundred sixty-one, shall reside in any

such county on such date and shall continue to reside in any such county

after such date, or

(2) If the police force of which he is a member consists of two

hundred or more full-time members or shall have consisted of two hundred

or more full-time members when, as a member of such police force, he

shall have resided in such county and shall continue to reside in any

such county thereafter, or

(3) If the police force of which he is a member consists of less than

two hundred full-time members; provided, however, that the local

legislative body of such political subdivision or municipal corporation

having such police force shall have power to adopt and amend local laws,

ordinances or resolutions of general application requiring members of

such police force, other than those members covered by paragraph one or

paragraph two of this subdivision, to reside in such political

subdivision or municipal corporation, or permitting them to reside in

specified areas of such counties or within specified distances from the

political subdivision or municipal corporation provided such local

legislative body shall determine that a police officer may respond

therefrom promptly and be available to render active service in such

political subdivision or municipal corporation.

4-a. Neither the provisions of this section, nor of any general,

special or local law, charter, code, ordinance, resolution, rule or

regulation, creating a vacancy in a local office of a political

subdivision or municipal corporation if the incumbent thereof ceases to

be a resident of such political subdivision or municipal corporation,

shall apply in the case of a member of the department of sanitation of

any municipality who resides in a county within the state contiguous to

such municipality.

4-b. Except as otherwise provided in subdivision five of this section,

neither the provisions of this section, nor of any general, special or

local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation of the state if the incumbent thereof ceases to be

a resident of such political subdivision or municipal corporation shall

apply to the appointment or continuance in office or position of an

officer or member of a paid fire department in any political subdivision

or municipal corporation of the state, if such person resides in the

county, or one of the counties, in which such political subdivision or

municipal corporation is located.

5. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation if the incumbent thereof ceases to be a resident

of such political subdivision or municipal corporation, shall apply in

the case of a paid member of the uniformed force of a paid fire

department, who, for purposes of this section shall include persons

employed as fire alarm dispatchers, or in the case of a person employed

in a department of correction in the correction service of the

classified civil service, or in the case of a member of the department

of sanitation of any political subdivision or municipal corporation who

has five or more years of service, or in the case of officers and

inspectors employed in a department of health of a city of over one

million population, or in the case of a member of the department of

sanitation in a city with a population of one million or more who has

two or more years of service to such city who resides (a) in the county

in which said city is located; or (b) in a county within the state

contiguous to the county in which said city is located; or (c) in a

county within the state contiguous to such city; or (d) in a county

within the state which is not more than fifteen miles from said city; or

(e) in a county within the state contiguous to a county described in

item (d) hereof where the former is less than thirty miles from such

political subdivision or municipal corporation, measured from their

respective nearest boundary lines.

5-a. Any person who resides in this state and who is currently

employed as a member of the police force, a paid member of the uniformed

force of a paid fire department, or department of corrections in the

correctional service classification of the classified civil service, of

a city of over one million population, shall be exempt from the

provisions of paragraph (d) of subdivision one and subdivisions four and

five of this section upon compliance with the procedure set forth in

this subdivision. Any person seeking to benefit from the exemption

created by this subdivision shall notify his respective employer in

writing of said intention within thirty days from the effective date of

this subdivision and shall specify his then current residence address.

The exemption created by this subdivision shall be applicable only to

said actual designated residence and not to any residence that any

subject currently employed member may thereafter establish; provided,

however, that any such currently employed member who resides outside

this state shall have one year from the effective date of this

subdivision within which to establish residence as required pursuant to

paragraph (d) of subdivision one, and subdivisions four and five of this

section and comply with the notice requirements of this subdivision.

Said residence shall constitute a lawful residence for all purposes

notwithstanding any provision to the contrary of any general, special or

local law, charter, code, ordinance, resolution, rule or regulation.

6. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation if the incumbent thereof ceases to be a resident

of such political subdivision or municipal corporation, shall apply in

the case of appointed public officers in the city of Troy, except the

city manager of such city, who reside in the county of Rensselaer.

7. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation of the state if the incumbent thereof ceases to be

a resident of such political subdivision or municipal corporation, shall

apply in the case of the city court judge in the city of Hudson,

provided that such person resides in the county in which such city is

located.

8. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation of the state if the incumbent thereof ceases to be

a resident of such political subdivision or municipal corporation, shall

apply in the case of a person holding the office of deputy sheriff in

the county of Nassau, provided that such person resides in Nassau county

or any adjoining county within New York state.

9. Neither the provisions of this section, nor any general, special or

local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation of the state if the incumbent thereof ceases to be

a resident of the state or such political subdivision or municipal

corporation, shall apply in the case of a person holding the office of

correction recruit, correction officer, correction corporal, correction

sergeant, correction lieutenant, correction captain, correction colonel,

chief of corrections, assistant warden, or warden employed by a

sheriff's department or local correctional facility of any political

subdivision or municipal corporation in the counties of Rockland and

Orange as of April fourth, two thousand twenty-six, provided such person

resides within forty-five miles of the counties of Rockland and Orange,

measured from the nearest boundary line of such counties.

Resignations. 1. Public officers may resign their offices as

follows:

a. The governor, lieutenant-governor, comptroller and

attorney-general, to the legislature;

b. All officers appointed by the governor alone, or by him with the

consent of the senate, to the governor;

c. Senators and members of assembly, to the presiding officers of

their respective houses;

d. Judges and justices of the unified court system, to the chief

administrator of the courts;

e. Sheriffs, county clerks, district attorneys and registers of

counties, to the governor;

f. Every other county officer, to the county clerk;

g. Every town officer, to the town clerk;

h. The officer of any other municipal corporation, to the clerk of the

corporation;

i. United States senators, to the secretary of state.

j. Representatives in the House of Representatives of the Congress of

the United States, to the secretary of state.

k. Every other appointive officer, where not otherwise provided by

law, to the body, board or officer that appointed him, and every other

elective officer, where not otherwise provided by law, to the secretary

of state.

2. Every resignation shall be in writing addressed to the officer or

body to whom it is made. If no effective date is specified in such

resignation, it shall take effect upon delivery to or filing with the

proper officer or body. If an effective date is specified in such

resignation, it shall take effect upon the date specified, provided

however, that in no event shall the effective date of such resignation

be more than thirty days subsequent to the date of its delivery or

filing; except that the effective date of the resignation of a judge or

justice of the unified court system may be up to ninety days subsequent

to the date on which such resignation is delivered or filed. If a

resignation specifies an effective date that is more than thirty days

subsequent to the date of its delivery or filing, or more than ninety

days subsequent thereto where such resignation is that of a judge or

justice, such resignation shall take effect upon the expiration of

thirty days from the date of its delivery or filing, or upon the

expiration of ninety days therefrom, as appropriate.

3. A resignation addressed to an officer shall be delivered to him at

his place of business or filed in his office.

A resignation addressed to the legislature or to the presiding officer

of either house thereof, shall be delivered to and filed with the

secretary of state, and he shall forthwith communicate the fact of such

resignation to the legislature or to such house, if in session, or if

not, at its first meeting thereafter.

A resignation addressed to any other body shall be delivered to the

presiding officer or clerk of such body, if there be one, and if not, to

any member thereof, and shall be filed with the clerk, or if there be no

clerk, with the other records of such body. A delivery at the office or

place of residence or business of the person to whom any such

resignation may be delivered shall be a sufficient delivery thereof.

4. A resignation delivered or filed pursuant to this section, whether

effective immediately or at a specified future date, may not be

withdrawn, cancelled, or amended except by consent of the officer to

whom it is delivered or body with which it is filed.

5. If a resignation from an elective office is received pursuant to

the provisions of this section, the official who receives such

resignation shall immediately notify the state board of elections of the

fact of such resignation and the effective date, if any, set forth in

such resignation.

Removals by senate. The governor before making a recommendation

to the senate for the removal of any officer may in his discretion take

proofs, for the purpose of determining whether such recommendation shall

be made.

The comptroller or attorney-general may be removed by the senate, on

the recommendation of the governor, for misconduct or malversation in

office, if two-thirds of all the members elected to the senate shall

concur therein. No such removal shall be made unless the person who is

sought to be removed shall have been served with a copy of the charges

against him and have an opportunity of being heard. On the question of

removal, the yeas and nays shall be entered on the journal. The governor

may convene the senate in extra session for the investigation of such

charges. The senate shall have power to make such rules as it may see

fit for the practice before it. At the time appointed for the

investigation, the senate shall proceed to hear and try the charges

against such officer, and may take proofs in relation thereto.

The governor may appoint any suitable person to conduct the trial of

such charges before the senate.

An officer appointed by the governor by and with the advice and

consent of the senate, except an officer who is or any or either of the

officers who are the head of a department, and except as otherwise

provided by special provision of law may be removed by the senate upon

the recommendation of the governor.

If the senate shall reject a recommendation of removal the secretary

of the senate shall, by a writing signed by him and by the president of

the senate, communicate the fact of such rejection to the governor. If

the senate shall concur in such a recommendation the removal shall take

effect upon the passage of the resolution of concurrence, and duplicate

copies of such resolution, certified by the secretary and president of

the senate, shall be executed and delivered by such secretary to the

secretary of state.

Removals by governor. 1. An officer appointed by the governor

for a full term or to fill a vacancy, whose appointment is not required

by law to be made by and with the advice and consent of the senate, any

county treasurer, any county superintendent of the poor, any register of

a county or any coroner, except as otherwise provided by special

provisions of law, may be removed by the governor within the term for

which such officer shall have been chosen, after giving to such officer

a copy of the charges against him and an opportunity to be heard in his

defense.

2. The chief executive officer of every city and the chief or

commissioner of police, commissioner or director of public safety or

other chief executive officer of the police force by whatever title he

may be designated, of every city may be removed by the governor after

giving to such officer a copy of the charges against him and an

opportunity to be heard in his defense. The power of removal provided

for in this subdivision shall be deemed to be in addition to the power

of removal provided for in any other law. The provisions of this

subdivision shall apply notwithstanding any inconsistent provisions of

any general, special or local law, ordinance or city charter.

Removal of heads of departments. Any officer who is, or any or

either of the officers who are, the head of a department, if appointed

by the governor by and with the advice and consent of the senate, may be

removed from office by the governor whenever in his judgment the public

interest shall so require. In case of such a removal the governor shall

file with the department of state a statement of the cause of such

removal and shall report such removal and the cause thereof to the

legislature at its next session.

Proceedings for removal by governor. 1. In any proceeding for

the removal by the governor of a public officer, he may conduct an

investigation into the charges, and may take the evidence as to the

truth of the charges at a hearing for such purpose, or he may direct

that such investigation or hearing, or both, shall be conducted by a

justice of the supreme court of the judicial district, or the county

judge of the county, in which the officer proceeded against shall

reside, or by a commissioner appointed by the governor, by an

appointment, in writing, filed in the office of the secretary of state.

2. The governor may direct the attorney-general or the district

attorney of the county in which the officer proceeded against resides,

to assist the governor, or the person designated by the governor under

the first subdivision of this section, in the conduct of the

investigation into the charges, and of the hearing into the truth of the

charges. If the hearing provided for in this section shall be conducted

by a justice, judge or commissioner, it shall be held at such place in

the county in which the officer proceeded against shall reside as the

justice, judge or commissioner shall appoint, and at least eight days

after written notice of the time and place of such hearing shall have

been given to the officer proceeded against.

3. The governor may direct the justice, judge or commissioner to

report to him the evidence taken at such hearing, or the evidence and

the findings of the material facts deemed by such justice, judge or

commissioner to be established. Both in the investigation of the charges

and at the hearing into the truth of the charges, the governor or the

person designated by him under the first subdivision of this section may

require witnesses to attend before him, and may also require the

production of any books, papers, or other documents, deemed by him to be

material, and shall issue subpoenas for such witnesses for appearance at

the hearing as may be requested by the officer proceeded against.

4. At the hearing provided for in this section, the officer proceeded

against and his counsel shall be permitted to attend, but such officer

or his counsel shall have no right to be present at the investigation

provided for unless the governor or the person designated by him to

conduct such investigation so directs. No evidence taken in such

investigation shall form the basis of any report to the governor by the

person designated by him under subdivision one of this section, or the

basis of any determination by the governor, unless such evidence is

presented at the hearing provided for in this section.

5. The person designated under subdivision one of this section, or the

governor, where no person is so designated, is authorized to employ

counsel in any case where the attorney-general or district attorney has

not been directed to assist the governor or his designee, as provided in

subdivision two of this section, and to employ such personnel as may be

necessary to assist him in the performance of his duties under this

section.

6. If the proceeding be for removal of a state officer, the reasonable

expenses incurred in the conduct thereof, including the compensation of

authorized counsel and of necessary assistants, in the taking and

printing of the testimony, shall be paid by the state, on the

certificate of the governor, out of moneys appropriated or available

therefor.

7. If the proceeding be for the removal of a county or city officer,

the reasonable expenses incurred in the conduct thereof shall be a

county or city charge, as the case may be. The board of supervisors of

the county, or the board of estimate and apportionment or other board or

body of the city vested with the power to make appropriations, on the

requisition of the governor, from time to time, shall forthwith

appropriate such sum as shall be needed to pay such expenses; and after

such appropriation shall have been duly made, the fiscal officer of the

county or city, as the case may be, shall pay such expenses, upon

vouchers approved by the governor, after audit, in the same manner and

by the same authority as other county or city charges are audited and

paid.

8. A person designated by the governor to conduct an investigation or

hearing, or both, under this section, who is not regularly employed by

the state or by a county or city, shall be paid a reasonable

compensation for his services, to be fixed by the governor, and paid in

the same manner as other expenses for the removal of a state officer, or

a county or city officer, as the case may be, as provided in this

section.

9. All sheriffs, coroners, constables and marshals to whom process

shall be directed and delivered under this section shall execute the

same without unnecessary delay.

Removals from office. Every removal of an officer by one or

more state officers, shall be in written duplicate orders, signed by the

officer, or by all or a majority of the officers, making the removal, or

if made by a body or board of state officers may be evidenced by

duplicate certified copies of the resolution or order of removal, signed

either by all or by a majority of the officers making the removal, or by

the president and clerk of such body or board. Both such duplicate

orders or certified copies shall be delivered to the secretary of state,

who shall record in his office one of such duplicates, and shall, if the

officer removed is a state officer, deliver the other to such officer by

messenger, if required by the governor, and otherwise by mail or as the

secretary of state shall deem advisable, and shall, if directed by the

governor, cause a copy thereof to be published in the state paper. If

the officer removed be a local officer, he shall send the other of such

duplicates to the county clerk of the county in which the officer

removed shall have resided at the time he was chosen to the office, and

such clerk shall file the same in his office, and forthwith notify the

officer removed of his removal.

Removal for treasonable or seditious acts or utterances. A

person holding any public office shall be removable therefrom, in the

manner provided by law, for the utterance of any treasonable or

seditious word or words or the doing of any treasonable or seditious act

or acts during his term.

Removal of town, village, improvement district or fire district

officer by court. Any town, village, improvement district or fire

district officer, except a justice of the peace, may be removed from

office by the supreme court for any misconduct, maladministration,

malfeasance or malversation in office. An application for such removal

may be made by any citizen resident of such town, village, improvement

district or fire district or by the district attorney of the county in

which such town, village or district is located, and shall be made to

the appellate division of the supreme court held within the judicial

department embracing such town, village, improvement district or fire

district. Such application shall be made upon notice to such officer of

not less than eight days, and a copy of the charges upon which the

application will be made must be served with such notice.

Notice of existence of vacancy. When a judgment shall be

rendered by any court convicting an officer of a felony, or of a crime

involving a violation of his oath of office, or declaring the election

or appointment of any officer to be void, or that the office of any

officer has been forfeited or become vacant, the clerk of such court

shall give notice thereof to the governor, stating the cause of such

conviction or judgment.

Whenever a public officer shall die before the expiration of his term

of office, or shall cease to be a resident of the political subdivision

of the state or a municipal corporation in which he is required to be a

resident as a condition of continuing in the office, the county clerk of

the county in which such officer shall have resided immediately prior to

such death or removal, shall immediately give notice of such death or

removal to the governor. If the governor is not authorized to fill any

vacancy of which he shall have notice, he shall forthwith give notice of

the existence of such vacancy to the officer or officers, or to the body

or board of officers authorized to fill the vacancy, or if such vacancy

may be filled by an election, to the officers authorized to give notice

of such election.

Terms of officers chosen to fill vacancies. If an appointment of

a person to fill a vacancy in an appointive office be made by the

officer, or by the officers, body or board of officers, authorized to

make appointment to the office for the full term, the person so

appointed to such vacancy shall hold office for the balance of the

unexpired term. The term of office of an officer appointed to fill a

vacancy in an elective office, shall be until the commencement of the

political year next succeeding the first annual election after the

happening of the vacancy, if the office be made elective by the

constitution, or at which the vacancy can be filled by election, if the

office be otherwise made elective.

Filling vacancies in office of officer appointed by governor and

senate. A vacancy which shall occur during the session of the senate, in

the office of an officer appointed by the governor by and with the

advice and consent of the senate, shall be filled in the same manner as

an original appointment. Such a vacancy occurring or existing while the

senate is not in session, including offices in which officers are

holding over pursuant to the provisions of section five of this chapter

or any other law, and offices vacant during the session of the senate,

shall be filled by the governor for a term which shall expire upon the

appointment and qualification of a successor but in any event such term

shall expire at the end of twenty days from the commencement of the next

meeting of the senate.

Vacancy occurring in office of legislative appointee, during

legislative recess. When a vacancy shall occur or exist, otherwise than

by expiration of term, during the recess of the legislature, in the

office of any officer appointed by the legislature, the governor shall

appoint a person to fill the vacancy for a term which shall expire at

the end of twenty days from the commencement of the next meeting of the

legislature.

Vacancies filled by legislature. When a vacancy occurs or

exists, other than by removal, in the office of comptroller or

attorney-general, or a resignation of either such officer to take effect

at any future day shall have been made while the legislature is in

session, the two houses thereof, by joint ballot, shall appoint a person

to fill such actual or prospective vacancy.

Filling vacancies in elective offices. 1. A vacancy occurring

three months before the general election in any year in any office

authorized to be filled at a general election, except in the offices of

governor or lieutenant-governor, shall be filled at the general election

held next thereafter, unless otherwise provided by the constitution, or

unless previously filled at a special election.

2. A vacancy occurring by the expiration of term at the end of an even

numbered year in an office which may not under the provisions of the

constitution be filled for a full term at the general election held

prior to the expiration of such term, shall be filled at said general

election for a term ending with the commencement of the political year

next succeeding the first general election at which said office can be

filled by election for a full term.

3. Upon the failure to elect to any office, except that of governor or

lieutenant-governor, at a general or special election, at which such

office is authorized to be filled, or upon the death or disqualification

of a person elected to office before the commencement of his or her

official term, or upon the occurrence of a vacancy in any elective

office which cannot be filled by appointment for a period extending to

or beyond the next general election at which a person may be elected

thereto, the governor shall, unless otherwise provided for by authorized

local law, resolution or ordinance, make proclamation of a special

election to fill such office within ten days of the occurrence of a

vacancy, specifying the district or county in which the election is to

be held, and the day thereof, which shall be: a. not less than seventy

nor more than eighty days from the date of the proclamation to fill a

vacancy in the office of a representative in congress or for a vacancy

in any other office that is not in the state senate or assembly; and b.

not less than forty days nor more than fifty days from the date of the

proclamation to fill a vacancy in the state senate or assembly,

provided, however, that the governor may issue a proclamation to fill

any subsequent vacancy in the state senate or assembly for the same date

as any previously scheduled special election as long as the proclamation

is issued at least thirty days before the occurrence of the special

election.

4. a. A special election shall not be held to fill a vacancy in the

office of a representative in congress unless such vacancy occurs on or

before the first day of July of the last year of the term of office, or

unless it occurs thereafter and a special session of congress is called

to meet before the next general election, or be called after three

months before the general election in such year.

b. A special election shall not be held to fill a vacancy in the

office of state senator or in the office of member of assembly, unless

the vacancy occurs before the first day of April of the last year of the

term of office, or unless the vacancy occurs in either such office of

senator or member of assembly after such first day of April and a

special session of the legislature be called to meet between such first

day of April and the next general election or be called after three

months before the next general election in such year.

c. A special election shall not be held to fill a vacancy in any other

office subject to a proclamation by the governor pursuant to subdivision

three of this section unless the vacancy occurs before the first day of

April of the last year of the term of office.

d. If a special election to fill an office shall not be held as

required by law, the office shall be filled at the next general

election.

4-a. If a vacancy occurs in the office of United States senator from

this state in any even numbered calendar year on or after the

fifty-ninth day prior to the annual primary election, or thereafter

during said even numbered year, the governor shall make a temporary

appointment to fill such vacancy until the third day of January in the

year following the next even numbered calendar year. If such vacancy

occurs in any even numbered calendar year on or before the sixtieth day

prior to an annual primary election, the governor shall make a temporary

appointment to fill such vacancy until the third day of January in the

next calendar year. If a vacancy occurs in the office of United States

senator from this state in any odd numbered calendar year, the governor

shall make a temporary appointment to fill such vacancy until the third

day of January in the next odd numbered calendar year. Such an

appointment shall be evidenced by a certificate of the governor which

shall be filed in the office of the state board of elections. At the

time for filing such certificate, the governor shall issue and file in

the office of the state board of elections a writ of election directing

the election of a United States senator to fill such vacancy for the

unexpired term at the general election next preceding the expiration for

the term of such appointment.

5. Whenever the authority to fill any vacancy is vested in a board and

such board is unable to fill such vacancy in an elective office by

reason of a tie vote, or such board neglects to fill such vacancy for

any other reason, the governor may, at the governor's discretion, make

proclamation of a special election to fill the vacancy.

Filling other vacancies. If a vacancy shall occur, otherwise

than by expiration of term, with no provision of law for filling the

same, if the office be elective, the governor shall appoint a person to

execute the duties thereof until the vacancy shall be filled by an

election. But if the term of such officer shall expire with the calendar

year in which the appointment shall be made, or if the office be

appointive, the appointee shall hold for the residue of the term.

Official seals of court of appeals, governor and state

departments, divisions and bureaus. 1. Each of the civil departments in

the state government shall have an official seal. In addition to the

divisions or bureaus required by law to have an official seal, any

division or bureau of any department shall have such a seal, if so

required by rules of the department. The official seal shall be used in

the cases prescribed by law. Such rules also may prescribe other cases

in which it shall or may be used. For the purposes of any provisions of

the law requiring the use of the official seal of the officer or body

who or which is the head of a department, division or bureau, the seal

of such department, division or bureau shall be deemed the official seal

of such officer or body.

2. The seal of the court of appeals, the privy seal of the governor

and the official seal of each civil department of the state government

shall be of metal with the device of the arms of the state surrounded

with the inscription, State of New York, and the official designation of

the court, official or department. Each civil department of the state

government may affix a facsimile seal, engraved or printed or reproduced

in any manner from such metal seal, to any instrument or writing to be

sealed by such civil department. The official seal, if any, of a

division or bureau of a department shall have thereon the matter

required for the official seal of the department and in addition thereto

words or initials, or both, describing the division or bureau. The seal

of such court, the privy seal of the governor, and the official seal of

such a department shall be two and one-quarter inches in diameter. The

official seal, if any, of such a division or bureau shall be one and

three-quarters inches in diameter. Each metal seal provided for herein

shall be provided by the department of state. The seal of the court of

appeals and privy seal of the governor heretofore provided by the

secretary of state shall continue to be used by such court and officer

until defective from wear or otherwise. Whenever any seal provided for

in this section becomes defective from wear or otherwise, it shall be

delivered to the department of state which shall cause it to be repaired

and returned, or to be defaced with a suitable mark, or deposited with

the ancient seals in the state library, and new seals, in the form

prescribed by this section, to be provided for use instead.

Investigations by state officers. Every state officer, in any

proceeding held before him, or in any investigation held by him for the

purpose of making inquiry as to the official conduct of any subordinate

officer or employee, shall have the power to issue subpoenas for and

require the attendance of witnesses and the production of all books and

papers relating to any matter under inquiry. All such subpoenas shall be

issued under the hand and seal of the state officer holding such

proceeding. A subpoena issued under this section shall be regulated by

the civil practice law and rules. The testimony of witnesses in any such

proceeding shall be under oath and the state officer instituting the

proceeding shall have power to administer oaths. In case of state boards

or commissions, any member of the same, or, when duly authorized by

resolution, the secretary of such board or commission, shall have power

to issue subpoenas and administer oaths for the purposes of this

section.

Business in public offices on public holidays. 1. Holidays and

half holidays shall be considered as Sunday for all purposes relating to

the transaction of business in the public offices of each county. On all

other days and half days, excepting Sundays, such offices shall be kept

open for the transaction of business. This subdivision is subject to

the provisions of section two hundred six-a of the county law and

sections 1032-14.0 and 1052-22.0 of the administrative code of the city

of New York.

2. Holidays and Saturdays shall be considered as Sunday for all

purposes relating to the transaction of business in the public offices

of the state. On all other days, excepting Sundays, such offices shall

be kept open for the transaction of business. Whenever the last day on

which any paper shall be filed or act done or performed in any such

office expires on a Saturday, the time therefor is hereby extended to

and including the next business day.

Leave of absence for certain appointive state officers;

temporary vacancy. A person holding a state office by appointment of the

governor, or of the governor by and with the consent of the senate, may

be granted by the governor, on the application of such person, a leave

of absence from such office, without pay, for a stated period less than

the remainder of the unexpired term. The office shall be deemed vacant

for the purpose only of filling it, in the manner provided by law, for a

term expiring at the end of such period. At or after the end of such

period, the person who is granted such leave of absence, if not then

disqualified, may resume such office, its title, duties and salary for

the unexpired regular term, without reappointment, and the interim

incumbent, if any, shall cease to hold it. On or after the beginning of

such period, such person, if otherwise eligible, may be appointed to and

hold any other appointive office in the state service; but he shall

resign therefrom before resuming such former office under the foregoing

provisions. A person resuming such office shall file in the office of

the department of state his statement in writing that he elects to and

does resume it pursuant to this section.

Leave of absence for veterans on Memorial day and Veterans' day.

It shall be the duty of the head of every public department and of every

court of the state of New York, of every superintendent or foreperson on

the public works of said state, of the county officers of the several

counties of said state, of the town officers of the various towns in

this state, of the fire district officers of the various fire districts

in this state, and of the head of every department, bureau and office in

the government of the various cities and villages in this state, and the

officers of any public benefit corporation or any public authority of

this state, or of any public benefit corporation or public authority of

any county or subdivision of this state, to give leave of absence with

pay for twenty-four hours on the day prescribed by law as a public

holiday for the observance of Memorial day and on the eleventh day of

November, known as Veterans' day, to every person in the service of the

state, the county, the town, the fire district, the city or village, the

public benefit corporation or public authority of this state, or any

public benefit corporation or public authority of any county or

subdivision of this state, as the case may be, (i) who served on active

duty in the armed forces of the United States during world war I or

world war II, or who was employed by the War Shipping Administration or

Office of Defense Transportation or their agents as a merchant seaman

documented by the United States Coast Guard or Department of Commerce,

or as a civil servant employed by the United States Army Transport

Service (later redesignated as the United States Army Transportation

Corps, Water Division) or the Naval Transportation Service; and who

served satisfactorily as a crew member during the period of armed

conflict, December seventh, nineteen hundred forty-one, to August

fifteenth, nineteen hundred forty-five, aboard merchant vessels in

oceangoing, i.e., foreign, intercoastal, or coastwise service as such

terms are defined under federal law (46 USCA 10301 & 10501) and further

to include "near foreign" voyages between the United States and Canada,

Mexico, or the West Indies via ocean routes, or public vessels in

oceangoing service or foreign waters and who has received a Certificate

of Release or Discharge from Active Duty and a discharge certificate, or

an Honorable Service Certificate/Report of Casualty, from the Department

of Defense, or who served as a United States civilian employed by the

American Field Service and served overseas under United States Armies

and United States Army Groups in world war II during the period of armed

conflict, December seventh, nineteen hundred forty-one through May

eighth, nineteen hundred forty-five, and who (a) was discharged or

released therefrom under honorable conditions, or (b) has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service, or (c) is a discharged LGBT veteran, as defined in section

one of the veterans' services law, and has received a discharge other

than bad conduct or dishonorable from such service or who served as a

United States civilian Flight Crew and Aviation Ground Support Employee

of Pan American World Airways or one of its subsidiaries or its

affiliates and served overseas as a result of Pan American's contract

with Air Transport Command or Naval Air Transport Service during the

period of armed conflict, December fourteenth, nineteen hundred

forty-one through August fourteenth, nineteen hundred forty-five, and

who (d) was discharged or released therefrom under honorable conditions,

or (e) has a qualifying condition, as defined in section one of the

veterans' services law, and has received a discharge other than bad

conduct or dishonorable from such service, or (f) is a discharged LGBT

veteran, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service or during the period of the Korean conflict at any time

between the dates of June twenty-seventh, nineteen hundred fifty and

January thirty-first, nineteen hundred fifty-five, or during the period

of the Vietnam conflict from the first day of November, nineteen hundred

fifty-five to the seventh day of May, nineteen hundred seventy-five, or

(ii) who served on active duty in the armed forces of the United States

and who was a recipient of the armed forces expeditionary medal, navy

expeditionary medal or marine corps expeditionary medal for

participation in operations in Lebanon from June first, nineteen hundred

eighty-three to December first, nineteen hundred eighty-seven, in

Grenada from October twenty-third, nineteen hundred eighty-three to

November twenty-first, nineteen hundred eighty-three, or in Panama from

December twentieth, nineteen hundred eighty-nine to January

thirty-first, nineteen hundred ninety, or (iii) who served in the armed

forces of a foreign country allied with the United States during world

war I or world war II, or during the period of the Korean conflict at

any time between June twenty-seventh, nineteen hundred fifty and January

thirty-first, nineteen hundred fifty-five, or during the period of the

Vietnam conflict from the first day of November, nineteen hundred

fifty-five to the seventh day of May, nineteen hundred seventy-five, or

during the period of the Persian Gulf conflict from the second day of

August, nineteen hundred ninety to the end of such conflict, or (iv) who

served on active duty in the army or navy or marine corps or air force

or space force or coast guard or the commissioned corps of the national

oceanic and atmospheric administration or the commissioned corps of the

public health service of the United States, and who (a) was honorably

discharged or separated from such service under honorable conditions, or

(b) has a qualifying condition, as defined in section one of the

veterans' services law, and has received a discharge other than bad

conduct or dishonorable from such service, or (c) is a discharged LGBT

veteran, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service except where such action would endanger the public safety

or the safety or health of persons cared for by the state, in which

event such persons shall be entitled to leave of absence with pay on

another day in lieu thereof. All such persons who are compensated on a

per diem, hourly, semi-monthly or monthly basis, with or without

maintenance, shall also be entitled to leave of absence with pay under

the provisions of this section and no deduction in vacation allowance or

budgetary allowable number of working days shall be made in lieu

thereof. A refusal to give such leave of absence to one entitled thereto

shall be neglect of duty.

Payment of expenses of public officers. Every public officer who

is not allowed any compensation for his services shall be paid his

actual expenses necessarily incurred in the discharge of his official

duties.

Patent policy. 1. Notwithstanding the provisions of section

one hundred thirty-five of the civil service law, the participation in

royalty or other arrangements may be extended or the payment of

additional compensation may be made to an employee of a state department

or of an agency, in addition to such employee's definite salary or

compensation, provided such participation or additional compensation is

pursuant to a patent policy approved for such department or agency by

the director of the budget and the state comptroller. Such participation

or additional compensation shall not affect the entitlement of the

employee to any regular pay, annuity or award to which he or she is

otherwise entitled or for which he or she is otherwise eligible under

the civil service law or any other applicable statute shall not be

included as compensation for the purposes of computing overtime pay or

for retirement purposes.

2. The department and agency patent policies in effect on the

effective date of this section shall be continued. Such existing

policies, unless promulgated pursuant to article eight of the education

law, shall be subject to the approval of the director of the budget and

the state comptroller.

3. A state department or agency may, after the effective date of this

section, adopt a patent policy, or amend a patent policy previously

approved by the director of the budget for such agency, subject to the

approval of the director of the budget, the state comptroller and the

director of the office of employee relations. Where such policy or

amendment affects a term or condition of employment, such policy or

amendment shall be adopted in accordance with the provisions of article

fourteen of the civil service law.

4. Any such patent policy shall contain an express provision requiring

the comptroller's approval of any transfer of patents or other

technologies by, or for the benefit of, the state.

Interchangeable use of gender neutral and gender specific titles

of public offices. Notwithstanding any other provision of law, local

law, charter, code or ordinance, a public officer may, in official

documents or otherwise, refer to the name of her or his public office:

(a) by its official title as specified in the statute, local law,

charter, code or ordinance creating such public office, or,

(b) by any other gender neutral or gender indicative suffixes,

prefixes or words which reconstruct the official name or title of such

public office, provided that the form of reconstruction readily permits

the unmistakable identification of the particular public office held by

such public officer.

Accident reports kept by police authorities to be open to the

inspection of persons interested. 1. Notwithstanding any inconsistent

provisions of law, general, special or local, or any limitation

contained in the provision of any city charter, all reports and records

of any accident, kept or maintained by the state police or by the police

department or force of any county, city, town, village or other district

of the state, shall be open to the inspection of any person having an

interest therein, or of such person's attorney or agent, even though the

state or a municipal corporation or other subdivision thereof may have

been involved in the accident; except that the authorities having

custody of such reports or records may prescribe reasonable rules and

regulations in regard to the time and manner of such inspection, and may

withhold from inspection any reports or records the disclosure of which

would interfere with the investigation or prosecution by such

authorities of a crime involved in or connected with the accident.

2. Notwithstanding the provisions of section twenty-three hundred

seven of the civil practice law and rules, the public officers law, or

any other law to the contrary, the division of state police shall charge

fees for the search and copy of accident reports and photographs. A

search fee of fifteen dollars per accident report shall be charged, with

no additional fee for a photocopy. An additional fee of fifteen dollars

shall be charged for a certified copy of any accident report. A fee of

twenty-five dollars per photograph or contact sheet shall be charged.

The fees for investigative reports shall be the same as those for

accident reports.

* 3. Notwithstanding the provisions of section twenty-three hundred

seven of the civil practice law and rules, this chapter, or any other

law to the contrary, the county of Nassau, upon adoption of a local law,

is hereby authorized to require the police department of the county of

Nassau to charge fees for the search and copy of accident reports and

photographs. A search fee of ten dollars per accident report shall be

charged, with no additional fee for a photocopy. An additional fee of

ten dollars shall be charged for a certified copy of any accident

report. A fee of fifteen dollars per photograph or contact sheet shall

be charged. The fees for investigative reports shall be the same as

those for accident reports.

* NB Repealed December 31, 2027

Fees of public officers. 1. Each public officer upon whom a duty

is expressly imposed by law, must execute the same without fee or

reward, except where a fee or other compensation therefor is expressly

allowed by law.

2. An officer or other person, to whom a fee or other compensation is

allowed by law, for any service, shall not charge or receive a greater

fee or reward, for that service, than is so allowed.

3. An officer, or other person, shall not demand or receive any fee or

compensation, allowed to him by law for any service, unless the service

was actually rendered by him; except that an officer may demand in

advance his fee, where he is, by law, expressly directed or permitted to

require payment thereof, before rendering the service.

4. Money received by a public officer, or which shall come into his

possession or custody, in the performance of his official duties or in

connection therewith or incidental thereto, shall be held by him in

trust for the person or persons entitled thereto or for the purposes

provided by law and all interest or increments which shall accrue or

attach to such money while in his possession or custody shall be added

to, and become a part of, the money so held and no part of such interest

or increments shall be retained by such officer to his personal use or

benefit, except legal fees allowed by law for receiving and disbursing

the same, notwithstanding the provisions of any general or special law.

An officer or other person, who violates either of the provisions

contained in this section, is liable, in addition to the punishment

prescribed by law for the criminal offense, to an action in behalf of

the person aggrieved, in which the plaintiff is entitled to treble

damages.

Fees for certification or exemplification. Whenever there

shall be presented to any public officer for certification or

exemplification, a previously prepared legibly typewritten or printed

copy of any document, paper, book or record in such officer's custody,

the fees in such case, for certification or exemplification, shall be at

the rate of three cents for each folio; but the minimum total charge for

certification or exemplification in all cases shall be twenty-five

cents.

Allowance of additional fees and expenses. Where an officer or

other person is required, in the course of a duty imposed upon him by

law, to take an oath, to acknowledge an instrument, to cause an

instrument to be filed or recorded, or to transmit a paper to another

officer, he is entitled, in addition to the fees, or other compensation

for the service, prescribed by law, to the fees necessarily paid by him,

to the officer who administered the oath, or took the acknowledgment, or

filed or recorded the instrument; and to the expense of transmitting the

paper, including postage, where the transmission is lawfully made

through the post-office.

Fees for oath or acknowledgment. Any officer, authorized to

perform the services specified in this section, and to receive fees

therefor, is entitled to the following fees:

1. For administering an oath or affirmation, and certifying the same

when required, except where another fee is specially prescribed by

statute, two dollars.

2. For taking and certifying the acknowledgment or proof of the

execution of a written instrument; by one person, two dollars; and by

each additional person, two dollars; for swearing each witness thereto,

two dollars.

Fee for administering certain official oaths prohibited. An

officer is not entitled to a fee, for administering the oath of office

to a member of the legislature, to any military officer, to an inspector

of election, clerk of the poll, or to any other public officer or public

employee.

Interest to be paid and collected on all deposits of public

moneys amounting to one thousand dollars or more. Within twenty days of

the taking effect of this section, interest shall be required to be

paid, if not already so provided by law, on all deposits of public

moneys amounting to one thousand dollars or more made by a state, local

or other public officer or employee for or on behalf of the state or the

county, city, town, village, school district or other public

instrumentality or for or on behalf of any pension system or fund

maintained by law for any of the employees of the state, county, city,

town, village, school district or other public instrumentality, as the

case may be, to which such moneys belong. Within twenty days after this

section takes effect and, in the case of public officers or employees

hereafter elected or appointed within twenty days after entering upon

the duties of his office or employment, every public officer or employee

charged with the care and custody of public moneys and/or of moneys

entrusted to his care and custody by virtue of his office or employment

shall agree with the depositary thereof upon the rate of interest to be

paid thereon and such rate of interest shall thereupon and thereafter be

paid by said depositary at such time or times as shall be agreed upon.

All interest on such deposits shall be accounted for by the depositing

officer or employee in the same manner as other moneys received by such

officer or employee by virtue of his office or employment.

Nothing contained in this section or in any other general or special

law shall authorize, enable or require any state, local or other public

officer or employee, to demand or require of any banking corporation or

private banker, any agreement to pay, or payment of, interest upon any

deposit of public moneys or any deposit made for or on behalf of the

state or the county, city, town, village, school district or other

public instrumentality, board, agency or authority, or for or on behalf

of any pension system or fund maintained by law for any of the employees

of the state, county, city, town, village, school district or other

public board, agency, instrumentality or authority, as the case may be,

if payment of interest upon any such deposit is at the time prohibited

by state or federal law or by any regulation of either the

superintendent of financial services of this state, or of the board of

governors of the federal reserve system, or of the board of directors of

the Federal Deposit Insurance Corporation.

Accounting for fees. Where a public officer is required, by

law, to keep an account of, or to pay over, the fees or other moneys,

received by him for official services, he must include therein all sums,

received by him, to which he was entitled, by reason of any act,

performed by him in his official capacity; whether the act did or did

not pertain to his office, or to the business thereof.

Fees to be paid by public officers for public advertisements.

The charge for the publication of concurrent resolutions, proposed

constitutional amendments, propositions or questions to be submitted to

the voters of the state, tax sales and official notices required to be

published by state boards, commissions or officers in newspapers of the

state, shall be paid from the treasury on the audit and warrant of the

comptroller, after certification by the proper officer that such a

publication has been regularly made as prescribed by law. The charge for

the publication, if authorized by law, of digests of laws of a local

nature in the newspaper designated to publish such digests shall be paid

by the several counties of the state in which such laws may be

published, upon like certification. The charge for the publication of

concurrent resolutions, proposed constitutional amendments, propositions

or questions to be submitted to the voters of the state or of any

political subdivision thereof or therein, tax sales by the state or any

county or municipality therein, and of all official notices and

advertisements authorized or required by law to be published at the

expense of the state or of a county, city, town, village, public

authority, public benefit corporation or other political or civil

subdivision of the state, shall be at the rate of twenty-nine cents per

line of a column width not less than ten pica ems, provided that in

computing such charge per line the line shall average at least five

words for each insertion in newspapers having less than two thousand

five hundred circulation; twenty-nine and one-half cents per line for

newspapers having two thousand five hundred or more circulation and less

than five thousand; thirty and one-half cents per line for newspapers

having five thousand or more circulation and less than seven thousand

and five hundred; thirty-one and one-half cents per line for newspapers

having seven thousand five hundred or more circulation and less than ten

thousand; thirty-two and one-half cents per line for newspapers having

ten thousand or more circulation and less than fifteen thousand; and

three and one-half cents per line in addition to the thirty-two and

one-half cents for the initial fifteen thousand circulation, for each

additional five thousand circulation up to thirty-five thousand

circulation and one and one-half cents per line for each additional five

thousand possessed by such newspapers. To all of the above rates nine

cents per line shall be added to the initial insertion charge of each

separate advertisement. To all of the above rates for the initial

insertion eight cents per line shall also be added for tabular matter or

intricate composition. Display advertising shall be charged agate

measurement, fourteen lines to each inch, ten to thirteen pica ems wide,

depending on the makeup of the newspaper publishing such copy. Every

newspaper printed, published or having its principal office outside of a

city having a population of over three hundred fifty thousand

inhabitants, as a condition precedent to designation as the official

newspaper of any county, city, town, village or other political or civil

subdivision of the state or for the making of claim for compensation

under the foregoing provisions of this section, must be established at

least one year and entered in the post office as second class matter.

This rate shall not apply to any newspaper printed, principally

circulated or having its principal office in the counties of New York or

Bronx within the first judicial district or in the county of Kings

within the second judicial district or in the county of Richmond within

the thirteenth judicial district or in the county of Nassau within the

tenth judicial district or in the county of Queens within the eleventh

judicial district or in the county of Westchester within the ninth

judicial district or in any city having a population of over one hundred

seventy-five thousand inhabitants within the seventh and eighth judicial

districts, where the rate for such publication may be equal to, but

shall not exceed, the regularly established classified advertising rate

of such newspapers. In reckoning line charges allowance shall be made

for date lines, paragraph endings, titles, signatures, and similar short

lines as full lines where the same are set to conform to the usual rules

of composition. Every newspaper printed, published or having its

principal office outside of a city having a population of over three

hundred fifty thousand inhabitants designated for the publication of

concurrent resolutions, proposed constitutional amendments, propositions

or questions to be submitted to the voters of the state and making claim

for compensation must be established at least one year, entered in the

post office as second class matter and be printed and published in the

town, village or city or its post office address and except newspapers

designated, printed, published and having their principal offices in a

city having a population of more than three hundred fifty thousand

inhabitants, shall attach to such claim an affidavit of the circulation

of such newspaper for the six months period ending March thirty-first or

September thirtieth immediately preceding, which shall be used as the

basis of circulation rating. Papers printed, published and having their

principal offices outside a city having a population of more than three

hundred fifty thousand inhabitants shall accept the minimum rate per

line until such time as they establish to the satisfaction of the state

comptroller sufficient circulation to entitle them to a higher rate. It

shall be the duty of each board of supervisors in the several counties

of the state, in making out the assessment rolls, to assess and levy on

the taxable property of the county whose representatives they are, such

sums as shall be sufficient to defray the expense of publishing the

digest of laws of a local nature, if such publication be authorized,

applicable only to the county affected, in the newspaper designated.

Notwithstanding any provision of this section to the contrary, any

publication which was designated and publishing notice as an official

newspaper prior to the year nineteen hundred forty and continued to be

so designated and publishing for at least thirty years after such year,

which has been designated for the publication of concurrent resolutions,

proposed constitutional amendments, propositions or questions to be

submitted to the voters of the state, may make claim for compensation

pursuant to the provisions of this section.

Certificate on printed copies of laws. 1. A published or

printed copy of a law shall be entitled to be read into evidence if it

is: (a) Contained in a book or pamphlet published under the direction

of the temporary president of the senate and speaker of the assembly

pursuant to the provisions of section forty-four of the legislative law;

or

(b) Certified to be a slip copy of a session law printed under the

direction of the temporary president of the senate and speaker of the

assembly; or

(c) Contained in a book or pamphlet, or supplement thereto, and

certified by the temporary president of the senate and speaker of the

assembly to be a correct transcript of the text of such law as last

amended; or

(d) Certified as a correct transcript of the text of such law by the

secretary of state.

2. A published or printed copy of the administrative code of the city

of New York shall be entitled to be read into evidence if it is

contained in a book or pamphlet, or supplement thereto and certified by

the temporary president of the senate and the speaker of the assembly to

be a correct transcript of the text of such code as last amended;

provided, however, that whenever the provisions of such code contain

amendments, additions or repeals effected by passage of local laws by

the city council of the city of New York, certification by the temporary

president of the senate and the speaker of the assembly shall not be

made unless prior thereto certified or official copies of such local

laws have been transmitted by the city clerk of the city of New York to

the New York state legislative bill drafting commission at its office in

Albany.

Vacations for employees of the state. The executive officers of

every public department, bureau, commission, or board of the state are

authorized and empowered to grant to every employee under their

supervision, who shall have been in such employ for at least one year, a

vacation of not less than two weeks in each year, and for such further

period of time as in the opinion and judgment of the executive officers,

the duties, position, length of service and other circumstances may

warrant, at such time as the executive officers may fix and during such

vacation the said employee shall be allowed the same compensation as if

actually employed. The provisions of this section shall not apply to any

employee who is subject to the rules governing sick leave, vacation and

other time allowances adopted by the state civil service commission

pursuant to law.

Notices and reports of claims, suits or causes of action to be

given to the attorney-general. 1. Every officer, clerk, agent or

employee of any department of the state government, who shall have

knowledge of any accident or injury to the person or property of any

person or corporation, on account of which there arises or may arise a

claim, suit or cause of action against the state, or of any accident or

injury to property owned by the state, on account of which there arises

or may arise a claim, suit or cause of action in favor of the state,

shall immediately give notice thereof to the officer or employee in

charge of his bureau or department.

2. Every department, commission, board or officer, or the person in

charge thereof, who has knowledge that a claim has accrued or may have

accrued or made either against, or in favor of, the state, or of any

accident or injury to the person or property of any person or

corporation, or of the state on account of which there arises or may

arise a claim, suit or cause of action against, or in favor of, the

state, or an officer thereof, shall immediately give notice to the

attorney-general, stating the time when, and the place where, such

claim, suit or cause of action may have arisen, and the nature of the

same, and such other information and evidence as the attorney-general

may direct or deem necessary. The attorney-general shall make such

investigation of the facts, relating to any matter so reported, as he

may deem necessary.

Penalty of officer for failure to execute mandate and make

return. An officer who fails to execute a mandate according to its

command and make a return thereon of his proceedings is liable to the

party aggrieved for the damages sustained by him, in addition to any

other punishment or proceeding authorized by law.

Business or professional activities by state officers and

employees and party officers. 1. As used in this section:

(a) The term "compensation" shall mean any money, thing of value or

financial benefit conferred in return for services rendered or to be

rendered. With regard to matters undertaken by a firm, corporation or

association, compensation shall mean net revenues, as defined in

accordance with generally accepted accounting principles as defined by

the commission on ethics and lobbying in government or legislative

ethics commission in relation to persons subject to their respective

jurisdictions.

(b) The term "licensing" shall mean any state agency activity, other

than before the division of corporations and state records in the

department of state, respecting the grant, denial, renewal, revocation,

enforcement, suspension, annulment, withdrawal, recall, cancellation or

amendment of a license, permit or other form of permission conferring

the right or privilege to engage in (i) a profession, trade, or

occupation or (ii) any business or activity regulated by a regulatory

agency as defined herein, which in the absence of such license, permit

or other form of permission would be prohibited.

(c) The term "legislative employee" shall mean any officer or employee

of the legislature but it shall not include members of the legislature.

(d) The term "ministerial matter" shall mean an administrative act

carried out in a prescribed manner not allowing for substantial personal

discretion.

(e) The term "regulatory agency" shall mean the department of

financial services, state liquor authority, department of agriculture

and markets, department of education, department of environmental

conservation, department of health, division of housing and community

renewal, department of state, other than the division of corporations

and state records, department of public service, the industrial board of

appeals in the department of labor and the department of law, other than

when the attorney general or his agents or employees are performing

duties specified in section sixty-three of the executive law.

(f) The term "representative capacity" shall mean the presentation of

the interests of a client or other person pursuant to an agreement,

express or implied, for compensation for services.

(g) 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 of the state university of

New York and the independent institutions operating statutory or

contract colleges on behalf of the state.

(h) The term "statewide elected official" shall mean the governor,

lieutenant governor, comptroller or attorney general.

(i) The term "state officer or employee" shall mean:

(i) heads of state departments and their deputies and assistants other

than members of the board of regents of the university of the state of

New York who receive no compensation or are compensated on a per diem

basis;

(ii) officers and employees of statewide elected officials;

(iii) officers and employees of state departments, boards, bureaus,

divisions, commissions, councils or other state agencies other than

officers of such boards, commissions or councils who receive no

compensation or are compensated on a per diem basis; and

(iv) members or directors of public authorities, other than

multi-state authorities, public benefit corporations and commissions at

least one of whose members is appointed by the governor, who receive

compensation other than on a per diem basis, and employees of such

authorities, corporations and commissions.

(j) The term "city agency" shall mean 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 the board of education, the board of higher education,

school boards, city and community colleges, community boards, the New

York city transit authority, the New York city housing authority and the

Triborough bridge and tunnel authority, but shall not include any court

or corporation or institution maintaining or operating a public library,

museum, botanical garden, arboretum, tomb, memorial building, aquarium,

zoological garden or similar facility.

(k) The term "political party chairman" shall mean:

(i) the chairman of the state committee of a party elected as provided

in section 2-112 of the election law and his or her successor in office;

(ii) the chairman of a county committee elected as provided in section

2-112 of the election law and his or her successor in office from a

county having a population of three hundred thousand or more or who

receives compensation or expenses, or both, during the calendar year

aggregating thirty thousand dollars or more; and

(iii) 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 was elected

from a county having a population of three hundred thousand or more or

was a person 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:

(A) the principal political, executive and administrative officer of

the county committee;

(B) the power of general management over the affairs of the county

committee;

(C) the power to exercise the powers of the chairman of the county

committee as provided for in the rules of the county committee;

(D) 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;

(E) 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

(F) the power to direct the treasurer of the party to expend funds of

the county committee.

The terms "constituted committee" and "political committee", as used

in this paragraph (k), shall have the same meanings as those contained

in section 14-100 of the election law.

(l) A person has a "financial interest" in any entity if that person:

(i) owns or controls ten percent or more of the stock of such entity

(or one percent in the case of a corporation whose stock is regularly

traded on an established securities exchange); or

(ii) serves as an officer, director or partner of that entity.

(m) The "relative" of any individual shall mean any person living in

the same household as the individual and any person who is a direct

descendant of that individual's grandparents or the spouse of such

descendant.

(n) The term "domestic partner" shall mean a person who, with respect

to another person, is formally a party in a domestic partnership or

similar relationship with the other person, entered into pursuant to the

laws of the United States or of any state, local or foreign

jurisdiction, or registered as the domestic partner of the other person

with any registry maintained by the employer of either party or any

state, municipality, or foreign jurisdiction.

2. In addition to the prohibitions contained in subdivision seven of

this section, no statewide elected official, state officer or employee,

member of the legislature or legislative employee shall receive, or

enter into any agreement express or implied for, compensation for

services to be rendered in relation to any case, proceeding,

application, or other matter before any state agency, or any executive

order, or any legislation or resolution before the state legislature,

whereby his or her compensation is to be dependent or contingent upon

any action by such agency or legislature with respect to any license,

contract, certificate, ruling, decision, executive order, opinion, rate

schedule, franchise, legislation, resolution or other benefit; provided,

however, that nothing in this subdivision shall be deemed to prohibit

the fixing at any time of fees based upon the reasonable value of the

services rendered.

3. (a) No statewide elected official, member of the legislature,

legislative employee, full-time salaried state officer or employee shall

receive, directly or indirectly, or enter into any agreement express or

implied for, any compensation, in whatever form, for the appearance or

rendition of services by himself, herself or another against the

interest of the state in relation to any case, proceeding, application

or other matter before, or the transaction of business by himself,

herself or another with, the court of claims.

(b) No state officer or employee who is required to file an annual

statement of financial disclosure pursuant to the provisions of section

seventy-three-a of this article, and is not otherwise subject to the

provisions of this section, shall receive, directly or indirectly, or

enter into any agreement express or implied, for any compensation, in

whatever form, for the appearance or rendition of services by himself,

herself or another against the interest of the state agency by which he

or she is employed or affiliated in relation to any case, proceeding,

application or other matter before, or the transaction of business by

himself, herself or another with, the court of claims.

4. (a) No statewide elected official, state officer or employee,

member of the legislature, legislative employee or political party

chairman or firm or association of which such person is a member, or

corporation, ten per centum or more of the stock of which is owned or

controlled directly or indirectly by such person, shall (i) sell any

goods or services having a value in excess of twenty-five dollars to any

state agency, or (ii) contract for or provide such goods or services

with or to any private entity where the power to contract, appoint or

retain on behalf of such private entity is exercised, directly or

indirectly, by a state agency or officer thereof, unless such goods or

services are provided pursuant to an award or contract let after public

notice and competitive bidding. This paragraph shall not apply to the

publication of resolutions, advertisements or other legal propositions

or notices in newspapers designated pursuant to law for such purpose and

for which the rates are fixed pursuant to law.

(b) No political party chairman of a county wholly included in a city

with a population of more than one million, or firm or association of

which such person is a member, or corporation, ten per centum or more of

the stock of which is owned or controlled directly or indirectly by such

person, shall (i) sell any goods or services having a value in excess of

twenty-five dollars to any city agency, or (ii) contract for or provide

such goods or services with or to any private entity where the power to

contract, appoint or retain on behalf of such private entity is

exercised directly or indirectly, by a city agency or officer thereof,

unless such goods or services are provided pursuant to an award or

contract let after public notice and competitive bidding. This paragraph

shall not apply to the publication of resolutions, advertisements or

other legal propositions or notices in newspapers designated pursuant to

law for such purpose and for which the rates are fixed pursuant to law.

(c) For purposes of this subdivision, the term "services" shall not

include employment as an employee.

5. No statewide elected official, state officer or employee,

individual whose name has been submitted by the governor to the senate

for confirmation to become a state officer or employee, member of the

legislature or legislative employee shall, directly or indirectly:

(a) solicit, accept or receive any gift having more than a nominal

value, whether in the form of money, service, loan, travel, lodging,

meals, refreshments, entertainment, discount, forbearance or promise, or

in any other form, under circumstances in which it could reasonably be

inferred that the gift was intended to influence him or her, or could

reasonably be expected to influence him or her, in the performance of

his or her official duties or was intended as a reward for any official

action on his or her part. No person shall, directly or indirectly,

offer or make any such gift to a statewide elected official, or any

state officer or employee, member of the legislature or legislative

employee under such circumstances.

(b) solicit, accept or receive any gift, as defined in section one-c

of the legislative law, from any person who is prohibited from

delivering such gift pursuant to section one-m of the legislative law

unless under the circumstances it is not reasonable to infer that the

gift was intended to influence him or her; or

(c) permit the solicitation, acceptance, or receipt of any gift, as

defined in section one-c of the legislative law, from any person who is

prohibited from delivering such gift pursuant to section one-m of the

legislative law to a third party including a charitable organization, on

such official's designation or recommendation or on his or her behalf,

under circumstances where it is reasonable to infer that the gift was

intended to influence him or her.

5-a. (a) For the purpose of this subdivision only, the term

"honorarium" shall mean any payment made in consideration for any speech

given at a public or private conference, convention, meeting, social

event, meal or like gathering.

(b) No statewide elected official or head of any civil department

shall, directly or indirectly, solicit, accept or receive any honorarium

while holding such elected office or appointed position.

(c) No member of the legislature or legislative employee shall,

directly or indirectly, solicit, accept or receive any honorarium while

holding such elected office or employment, other than honorarium paid in

consideration for a speech given on a topic unrelated to the

individual's current public employment or as earned income for personal

services that are customarily provided in connection with the practice

of a bona fide business, trade or profession, such as teaching,

practicing law, medicine or banking, unless the sole or predominant

activity thereof is making speeches.

6. (a) Every legislative employee not subject to the provisions of

section seventy-three-a of this chapter shall, on and after December

fifteenth and before the following January fifteenth, in each year, file

with the commission on ethics and lobbying in government and the

legislative ethics commission a financial disclosure statement of

(1) each financial interest, direct or indirect of himself or herself,

his or her spouse or domestic partner and his or her unemancipated

children under the age of eighteen years in any activity which is

subject to the jurisdiction of a regulatory agency or name of the entity

in which the interest is had and whether such interest is over or under

five thousand dollars in value.

(2) every office and directorship held by him or her in any

corporation, firm or enterprise which is subject to the jurisdiction of

a regulatory agency, including the name of such corporation, firm or

enterprise.

(3) any other interest or relationship which he or she determines in

his or her discretion might reasonably be expected to be particularly

affected by legislative action or in the public interest should be

disclosed.

(b) Copies of such statements shall be open for public inspection and

copying.

(c) Any such legislative employee who knowingly and wilfully with

intent to deceive makes a false statement or gives information which he

or she knows to be false in any written statement required to be filed

pursuant to this subdivision, shall be assessed a civil penalty in an

amount not to exceed ten thousand dollars. Assessment of a civil penalty

shall be made by the legislative ethics commission in accordance with

the provisions of subdivision ten of section eighty of the legislative

law. For a violation of this subdivision, the commission may, in lieu

of a civil penalty, refer a violation to the appropriate prosecutor and

upon conviction, but only after such referral, such violation shall be

punishable as a class A misdemeanor.

7. (a) No statewide elected official, or state officer or employee,

other than in the proper discharge of official state or local

governmental duties, or member of the legislature or legislative

employee, or political party chairman shall receive, directly or

indirectly, or enter into any agreement express or implied for, any

compensation, in whatever form, for the appearance or rendition of

services by himself, herself or another in relation to any case,

proceeding, application or other matter before a state agency where such

appearance or rendition of services is in connection with:

(i) the purchase, sale, rental or lease of real property, goods or

services, or a contract therefor, from, to or with any such agency;

(ii) any proceeding relating to rate making;

(iii) the adoption or repeal of any rule or regulation having the

force and effect of law;

(iv) the obtaining of grants of money or loans;

(v) licensing; or

(vi) any proceeding relating to a franchise provided for in the public

service law.

(b) No political party chairman in a county wholly included in a city

having a population of one million or more shall receive, directly or

indirectly, or enter into any agreement express or implied for, any

compensation, in whatever form, for the appearance or rendition of

services by himself, herself or another in relation to any case,

proceeding, application or other matter before any city agency where

such appearance or rendition of services is in connection with:

(i) the purchase, sale, rental or lease of real property, goods or

services, or a contract therefor, from, to or with any such agency;

(ii) any proceeding relating to ratemaking;

(iii) the adoption or repeal of any rule or regulation having the

force and effect of law;

(iv) the obtaining of grants of money or loans;

(v) licensing. For purposes of this paragraph, the term "licensing"

shall mean any city agency activity respecting the grant, denial,

renewal, revocation, enforcement, suspension, annulment, withdrawal,

recall, cancellation or amendment of a license, permit or other form of

permission conferring the right or privilege to engage in (i) a

profession, trade, or occupation or (ii) any business or activity

regulated by a regulatory agency of a city agency which in the absence

of such license, permit or other form of permission would be prohibited;

and

(vi) any proceeding relating to a franchise.

(c) Nothing contained in this subdivision shall prohibit a statewide

elected official, or a state officer or employee, unless otherwise

prohibited, or a member of the legislature or legislative employee, or

political party chairman, from appearing before a state agency in a

representative capacity if such appearance in a representative capacity

is in connection with a ministerial matter.

(d) Nothing contained in this subdivision shall prohibit a member of

the legislature, or a legislative employee on behalf of such member,

from participating in or advocating any position in any matter in an

official or legislative capacity, including, but not limited to, acting

as a public advocate whether or not on behalf of a constituent. Nothing

in this paragraph shall be construed to limit the application of the

provisions of section seventy-seven of this chapter.

(e) Nothing contained in this subdivision shall prohibit a state

officer or employee from appearing before a state agency in a

representative capacity on behalf of an employee organization in any

matter where such appearance is duly authorized by an employee

organization.

(f) Nothing contained in this subdivision shall prohibit a political

party chairman from participating in or advocating any matter in an

official capacity.

(g) Nothing contained in this subdivision shall prohibit internal

research or discussion of a matter, provided, however, that the time is

not charged to the client and the person does not share in the net

revenues generated or produced by the matter.

(h) Nothing contained in this subdivision shall prohibit a state

officer or employee, unless otherwise prohibited, from appearing or

rendering services in relation to a case, proceeding, application or

transaction before a state agency, other than the agency in which the

officer or employee is employed, when such appearance or rendition of

services is made while carrying out official duties as an elected or

appointed official, or employee of a local government or one of its

agencies.

7-a. No member of the legislature, legislative employee, statewide

elected official, or state officer or employee shall receive, directly

or indirectly, or enter into any agreement express or implied, for any

compensation, in whatever form, for the rendering of consulting,

representational, advisory or other services by himself or herself or

another in connection with any proposed or pending bill or resolution in

the senate or assembly.

8. (a) (i) No person who has served as a state officer or employee

shall within a period of two years after the termination of such service

or employment appear or practice before such state agency or receive

compensation for any services rendered by such former officer or

employee on behalf of any person, firm, corporation or association in

relation to any case, proceeding or application or other matter before

such agency.

(ii) No person who has served as a state officer or employee shall

after the termination of such service or employment appear, practice,

communicate or otherwise render services before any state agency or

receive compensation for any such services rendered by such former

officer or employee on behalf of any person, firm, corporation or other

entity in relation to any case, proceeding, application or transaction

with respect to which such person was directly concerned and in which he

or she personally participated during the period of his or her service

or employment, or which was under his or her active consideration.

(iii) No person who has served as a member of the legislature shall

within a period of two years after the termination of such service

receive compensation for any services on behalf of any person, firm,

corporation or association to promote or oppose, directly or indirectly,

the passage of bills or resolutions by either house of the legislature.

No legislative employee shall within a period of two years after the

termination of such service receive compensation for any services on

behalf of any person, firm, corporation or association to appear,

practice or directly communicate before either house of the legislature

to promote or oppose the passage of bills or resolutions by either house

of the legislature.

(iv) No person who has served as an officer or employee in the

executive chamber of the governor shall within a period of two years

after termination of such service appear or practice before any state

agency.

(b) (i) The provisions of subparagraph (i) of paragraph (a) of this

subdivision shall not apply to any state officer or employee whose

employment was terminated on or after January first, nineteen hundred

ninety-five and before April first, nineteen hundred ninety-nine or on

or after January first, two thousand nine and before April first, two

thousand fourteen because of economy, consolidation or abolition of

functions, curtailment of activities or other reduction in the state

work force. On or before the date of such termination of employment, the

state agency shall provide to the terminated employee a written

certification that the employee has been terminated because of economy,

consolidation or abolition of functions, curtailment of activities or

other reduction in the state work force, and that such employee is

covered by the provisions of this paragraph. The written certification

shall also contain a notice describing the rights and responsibilities

of the employee pursuant to the provisions of this section. The

certification and notice shall contain the information and shall be in

the form set forth below:

CERTIFICATION AND NOTICE

TO: Employee's Name: ____________________________

State agency: ____________________________

Date of Termination: ____________________________

I, (name and title) of (state agency), hereby certify that your

termination from State service is because of economy, consolidation or

abolition of functions, curtailment of activities or other reduction in

the State work force. Therefore, you are covered by the provisions of

paragraph (b) of subdivision eight of section seventy-three of the

Public Officers Law.

You were designated as a policy maker: YES ____ NO ____

______________

(TITLE)

TO THE EMPLOYEE:

This certification affects your right to engage in certain activities

after you leave state service.

Ordinarily, employees who leave State service may not, for two years,

appear or practice before their former agency or receive compensation

for rendering services on a matter before their former agency. However,

because of this certification, you may be exempt from this restriction.

If you were not designated as a Policymaker by your agency, you are

automatically exempt. You may, upon leaving State service, immediately

appear, practice or receive compensation for services rendered before

your former agency.

If you were designated as a Policymaker by your agency, you are

eligible to apply for an exemption to the Commission on Public Integrity

at 540 Broadway, Albany, New York 12207.

Even if you are or become exempt from the two year bar, the lifetime

bar of the revolving door statute will continue to apply to you. You may

not appear, practice, communicate or otherwise render services before

any State agency in relation to any case, proceeding, application or

transaction with respect to which you were directly concerned and in

which you personally participated during your State service, or which

was under your active consideration.

If you have any questions about the application of the post-employment

restrictions to your circumstances, you may contact the Commission on

Public Integrity at (518) 408-3976 or 1-800-87ETHIC (1-800-873-8442).

(ii) The provisions of subparagraph (i) of this paragraph shall not

apply to any such officer or employee who at the time of or prior to

such termination had served in a policymaking position as determined by

the appointing authority, which determination had been filed with the

state ethics commission or the commission on public integrity, provided

that such officer or employee may so appear or practice or receive such

compensation with the prior approval of the state ethics commission or

the commission on public integrity. In determining whether to grant such

approval the state ethics commission or the commission on public

integrity shall consider:

A. whether the employee's prior job duties involved substantial

decision-making authority over policies, rule or contracts;

B. the nature of the duties to be performed by the employee for the

prospective employer;

C. whether the prospective employment is likely to involve substantial

contact with the employee's former agency and the extent to which any

such contact is likely to involve matters where the agency has the

discretion to make decisions based on the work product of the employee;

D. whether the prospective employment may be beneficial to the state

or the public; and

E. the extent of economic hardship to the employee if the application

is denied.

(c) The provisions of paragraph (b) of this subdivision shall not

apply to employees whose employment has been discontinued as a result of

retirement or to employees who, prior to termination, have declined to

exercise a right to another position with a state agency unless such

position would require the employee to travel more than thirty-five

miles in each direction to the new position or accept a reduction in

base salary of more than ten per centum.

(d) Nothing contained in this subdivision shall prohibit any state

agency from adopting rules concerning practice before it by former

officers or employees more restrictive than the requirements of this

subdivision.

(e) This subdivision shall not apply to any appearance, practice,

communication or rendition of services before any state agency, or

either house of the legislature, or to the receipt of compensation for

any such services, rendered by a former state officer or employee or

former member of the legislature or legislative employee, which is made

while carrying out official duties as an elected official or employee of

a federal, state or local government or one of its agencies.

(f) Nothing in this subdivision shall be deemed to prevent a former

state officer or employee who was employed on a temporary basis to

perform routine clerical services, mail services, data entry services or

other similar ministerial tasks, from subsequently being employed by a

person, firm, corporation or association under contract to a state

agency to perform such routine clerical services, mail services, data

entry services or other similar ministerial tasks; provided however,

this paragraph shall in no event apply to any such state officer or

employee who was required to file an annual statement of financial

disclosure pursuant to section seventy-three-a of this article.

(g) Notwithstanding the provisions of subparagraphs (i) and (ii) of

paragraph (a) of this subdivision, a former state officer or employee

may contract individually, or as a member or employee of a firm,

corporation or association, to render services to any state agency when

the agency head certifies in writing to the state ethics commission that

the services of such former officer or employee are required in

connection with the agency's efforts to address the state's year 2000

compliance problem.

(h) Notwithstanding the provisions of subparagraphs (i) and (ii) of

paragraph (a) of this subdivision, a former state officer or employee

may contract individually, or as a member or employee of a firm,

corporation or association, to render services to any state agency when

the agency head certifies in writing to the commission on ethics and

lobbying in government that the services of such former officer or

employee are required in connection with the agency's response to a

disaster emergency declared by the governor pursuant to section

twenty-eight of the executive law.

(i) The provisions of subparagraphs (i) and (ii) of paragraph (a) of

this subdivision shall not apply to any person as a result of his or her

temporary employment by the New York state department of agriculture and

markets in the civil service title of veterinarian one or animal health

inspector one and their service, in that capacity, as a member of the

New York state emergency veterinary corps.

8-a. The provisions of subparagraphs (i) and (ii) of paragraph (a) of

subdivision eight of this section shall not apply to any such former

state officer or employee engaged in any of the specific permitted

activities defined in this subdivision that are related to any civil

action or proceeding in any state or federal court, provided that the

attorney general has certified in writing to the commission on ethics

and lobbying in government, with a copy to such former state officer or

employee, that the services are rendered on behalf of the state, a state

agency, state officer or employee, or other person or entity represented

by the attorney general, and that such former state officer or employee

has expertise, knowledge or experience which is unique or outstanding in

a field or in a particular matter or which would otherwise be generally

unavailable at a comparable cost to the state, a state agency, state

officer or employee, or other person or entity represented by the

attorney general in such civil action or proceeding. In those instances

where a state agency is not represented by the attorney general in a

civil action or proceeding in state or federal court, a former state

officer or employee may engage in permitted activities provided that the

general counsel of the state agency, after consultation with the

commission on ethics and lobbying in government, provides to the

commission on ethics and lobbying in government a written certification

which meets the requirements of this subdivision. For purposes of this

subdivision the term "permitted activities" shall mean generally any

activity performed at the request of the attorney general or the

attorney general's designee, or in cases where the state agency is not

represented by the attorney general, the general counsel of such state

agency, including without limitation:

(a) preparing or giving testimony or executing one or more affidavits;

(b) gathering, reviewing or analyzing information, including

documentary or oral information concerning facts or opinions, attending

depositions or participating in document review or discovery;

(c) performing investigations, examinations, inspections or tests of

persons, documents or things;

(d) performing audits, appraisals, compilations or computations, or

reporting about them;

(e) identifying information to be sought concerning facts or opinions;

or

(f) otherwise assisting in the preparation for, or conduct of, such

litigation.

Nothing in this subdivision shall apply to the provision of legal

representation by any former state officer or employee.

8-b. Notwithstanding the provisions of subparagraphs (i) and (ii) of

paragraph (a) of subdivision eight of this section, a former state

officer or employee may contract individually, or as a member or

employee of a firm, corporation or association, to render services to

any state agency if, prior to engaging in such service, the agency head

certifies in writing to the commission on ethics and lobbying in

government that such former officer or employee has expertise, knowledge

or experience with respect to a particular matter which meets the needs

of the agency and is otherwise unavailable at a comparable cost. Where

approval of the contract is required under section one hundred twelve of

the state finance law, the comptroller shall review and consider the

reasons for such certification. The commission on ethics and lobbying in

government must review and approve all certifications made pursuant to

this subdivision.

* 8-c. Notwithstanding the provisions of subparagraphs (i) and (ii) of

paragraph (a) of subdivision eight of this section, a former state

officer or employee who, prior to his or her separation from state

service, was employed as a health care professional and, in conjunction

with his or her state duties, provided treatment and/or medical services

to individuals residing in or served by a state-operated facility is not

barred from rendering services to such individuals in their care prior

to leaving state service, at the state-operated facility which employed

the former state officer or employee.

* NB There are 2 sub 8-c's

* 8-c. Notwithstanding the provisions of subparagraphs (i) and (ii) of

paragraph (a) of subdivision eight of this section, a former state

officer or employee who, prior to his or her separation from state

service, was employed performing direct care, clinical care, case

management, service coordination or other related support duties with

the state of New York is not barred from rendering such services in the

future to individuals who were receiving such services from that

individual prior to leaving the state service.

* NB There are 2 sub 8-c's

9. No party officer while serving as such shall be eligible to serve

as a judge of any court of record, attorney-general or deputy or

assistant attorney-general or solicitor general, district attorney or

assistant district attorney. As used in this subdivision, the term

"party officer" shall mean a member of a national committee, an officer

or member of a state committee or a county chairman of any political

party.

10. Nothing contained in this section, the judiciary law, the

education law or any other law or disciplinary rule shall be construed

or applied to prohibit any firm, association or corporation, in which

any present or former statewide elected official, state officer or

employee, or political party chair, member of the legislature or

legislative employee is a member, associate, retired member, of counsel

or shareholder, from appearing, practicing, communicating or otherwise

rendering services in relation to any matter before, or transacting

business with a state agency, or a city agency with respect to a

political party chair in a county wholly included in a city with a

population of more than one million, otherwise proscribed by this

section, the judiciary law, the education law or any other law or

disciplinary rule with respect to such official, member of the

legislature or officer or employee, or political party chair, where such

statewide elected official, state officer or employee, member of the

legislature or legislative employee, or political party chair does not

share in the net revenues, as defined in accordance with generally

accepted accounting principles by the commission on ethics and lobbying

in government or by the legislative ethics commission in relation to

persons subject to their respective jurisdictions, resulting therefrom,

or, acting in good faith, reasonably believed that he or she would not

share in the net revenues as so defined; nor shall anything contained in

this section, the judiciary law, the education law or any other law or

disciplinary rule be construed to prohibit any firm, association or

corporation in which any present or former statewide elected official,

member of the legislature, legislative employee, full-time salaried

state officer or employee or state officer or employee who is subject to

the provisions of section seventy-three-a of this article is a member,

associate, retired member, of counsel or shareholder, from appearing,

practicing, communicating or otherwise rendering services in relation to

any matter before, or transacting business with, the court of claims,

where such statewide elected official, member of the legislature,

legislative employee, full-time salaried state officer or employee or

state officer or employee who is subject to the provisions of section

seventy-three-a of this article does not share in the net revenues, as

defined in accordance with generally accepted accounting principles by

the commission on ethics and lobbying in government or by the

legislative ethics commission in relation to persons subject to their

respective jurisdictions, resulting therefrom, or, acting in good faith,

reasonably believed that he or she would not share in the net revenues

as so defined.

11. Notwithstanding any provision of the judiciary law, the education

law or any other law or disciplinary rule to the contrary:

(a) Conduct authorized pursuant to subdivision eight of this section

by a person who has served as a member of the legislature or as a

legislative employee shall not constitute professional misconduct or

grounds for disciplinary action of any kind;

(b) No member of the legislature or former member of the legislature

shall be prohibited from appearing, practicing, communicating or

otherwise rendering services in relation to any matter before, or

transacting business with, any state agency solely by reason of any vote

or other action by such member or former member in respect to the

confirmation or election of any member, commissioner, director or other

person affiliated with such state agency, but nothing in this paragraph

shall limit the prohibition contained in subdivision eight of this

section;

(c) The appearance, practice, communication or rendition of services

in relation to any matter before, or transaction of business with a

state agency, or with the court of claims, or the promotion or

opposition to the passage of bills or resolutions by either house of the

legislature, by a member, associate, retired member, of counsel or

shareholder of a firm, association or corporation, in accordance with

subdivision ten of this section, is hereby authorized and shall not

constitute professional misconduct or grounds for disciplinary action of

any kind solely by reason of the professional relationship between the

statewide elected official, state officer or employee, political party

chairman, member of the legislature, or legislative employee and any

firm, association, corporation or any member, associate, retired member,

of counsel, or shareholder thereof, or by reason of the appearance

created by any such professional relationship.

12. A statewide elected official, state officer or employee, or a

member of the legislature or legislative employee, or political party

chairman, who is a member, associate, retired member, of counsel to, or

shareholder of any firm, association or corporation which is appearing

or rendering services in connection with any case, proceeding,

application or other matter listed in paragraph (a) or (b) of

subdivision seven of this section shall not orally communicate, with or

without compensation, as to the merits of such cause with an officer or

an employee of the agency concerned with the matter.

13. For the purposes of this section, a statewide elected official or

state officer or employee or member of the legislature or legislative

employee or political party chairman who is a member, associate, retired

member, of counsel to, or shareholder of any firm, association or

corporation shall not be deemed to have made an appearance under the

provisions of this section solely by the submission to a state agency or

city agency of any printed material or document bearing his or her name,

but unsigned by him or her, such as by limited illustrations the name of

the firm, association or corporation or the letterhead of any

stationery, which pro forma serves only as an indication that he or she

is such a member, associate, retired member, of counsel to, or

shareholder.

14. (a) No statewide elected official, state officer or employee,

member of the legislature or legislative employee may participate in any

decision to hire, promote, discipline or discharge a relative for any

compensated position at, for or within any state agency, public

authority or the legislature.

(b) This paragraph shall not apply to (i) the hiring of a relative by

a legislator with a physical impairment, for the sole purpose of

assisting with that impairment, as necessary and otherwise permitted by

law; (ii) the temporary hiring of legislative pages, interns and

messengers; or (iii) responding to inquiries with respect to prospective

hires related to an individual covered by this paragraph.

15. No statewide elected official, state officer or employee, member

of the legislature or legislative employee shall:

(a) participate in any state contracting decision involving the

payment of more than one thousand dollars to that individual, any

relative of that individual, or any entity in which that individual or

any relative has a financial interest; or

(b) participate in any decision to invest public funds in any security

of any entity in which that individual or any relative of that

individual has a financial interest, is an underwriter, or receives any

brokerage, origination or servicing fees.

16. (a) No statewide elected official, state officer or employee

involved in the awarding of state grants or contracts may ask a current

or prospective grantee or contractor, or any officer, director or

employee thereof, to disclose: (i) the party affiliation of such grantee

or contractor, or any officer, director or employee thereof; (ii)

whether such grantee or contractor, or any officer, director or employee

thereof, has made campaign contributions to any party, elected official,

or candidate for elective office; or (iii) whether such grantee or

contractor, or any officer, director or employee thereof, cast a vote

for or against any elected official, candidate or political party.

(b) No statewide elected official or state officer or employee may

award or decline to award any state grant or contract, or recommend,

promise or threaten to do so, in whole or in part, because of a current

or prospective grantee's or contractor's refusal to answer any inquiry

prohibited by paragraph (a) of this subdivision, or giving or

withholding or neglecting to make any contribution of money or service

or any other valuable thing for any political purpose.

17. (a) No statewide elected official, or state officer or employee

may during the consideration of an employment decision ask any applicant

for public employment to disclose: (i) the political party affiliation

of the applicant; (ii) whether the applicant has made campaign

contributions to any party, elected official, or candidate for elective

office; or (iii) whether the applicant cast a vote for or against any

elected official, candidate or political party. The provisions of this

paragraph shall not apply where (1) such inquiry is necessary for the

proper application of any state law or regulation; or (2) such inquiry

is consistent with publicly disclosed policies or practices of any state

agency or public authority, whose purpose is to ensure the

representation of more than one political party on any multi-member

body.

(b) No statewide elected official or state officer or employee may

decline to hire or promote, discharge, discipline, or in any manner

change the official rank or compensation of any state official or

employee, or applicant for employment, or promise or threaten to do so,

based upon a refusal to answer any inquiry prohibited by paragraph (a)

of this subdivision, or for giving or withholding or neglecting to make

any contribution of money or service or any other valuable thing for any

political purpose.

(c) No state officer or employee shall, directly or indirectly, use

his or her official authority to compel or induce any other state

officer or employee to make or promise to make any political

contribution, whether by gift of money, service or other thing of value.

18. In addition to any penalty contained in any other provision of

law, any person who knowingly and intentionally violates the provisions

of subdivisions two through five, seven, seven-a, eight, twelve or

fourteen through seventeen of this section shall be subject to a civil

penalty in an amount not to exceed forty thousand dollars and the value

of any gift, compensation or benefit received in connection with such

violation. Assessment of a civil penalty hereunder shall be made by the

state oversight body with jurisdiction over such person. A state

oversight body acting pursuant to its jurisdiction, may, in lieu of a

civil penalty, with respect to a violation of subdivisions two through

five, seven or eight of this section, refer a violation of any such

subdivision to the appropriate prosecutor and upon such conviction such

violation shall be punishable as a class A misdemeanor.

Financial disclosure. 1. As used in this section:

(a) The term "statewide elected official" shall mean the governor,

lieutenant governor, comptroller, or attorney general.

(b) 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 of the state university of

New York and the independent institutions operating statutory or

contract colleges on behalf of the state.

(c) The term "state officer or employee" shall mean:

(i) heads of state departments and their deputies and assistants;

(ii) officers and employees of statewide elected officials, officers

and employees of state departments, boards, bureaus, divisions,

commissions, councils or other state agencies, who receive annual

compensation in excess of the filing rate established by paragraph (l)

of this subdivision or 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 commission on ethics and

lobbying in government established by section ninety-four of the

executive law during the month of February, provided, however, that the

appointing authority shall amend such written instrument after such date

within thirty days after the undertaking of policy-making

responsibilities by a new employee or any other employee whose name did

not appear on the most recent written instrument; and

(iii) members or directors of public authorities, other than

multi-state authorities, public benefit corporations and commissions at

least one of whose members is appointed by the governor, and employees

of such authorities, corporations and commissions who receive annual

compensation in excess of the filing rate established by paragraph (l)

of this subdivision or who hold policy-making positions, as determined

annually by the appointing authority and set forth in a written

instrument which shall be filed with the commission on ethics and

lobbying in government established by section ninety-four of the

executive law during the month of February, provided, however, that the

appointing authority shall amend such written instrument after such date

within thirty days after the undertaking of policy-making

responsibilities by a new employee or any other employee whose name did

not appear on the most recent written instrument.

(d) The term "legislative employee" shall mean any officer or employee

of the legislature who receives annual compensation in excess of the

filing rate established by paragraph (l) below or who is determined to

hold a policy-making position by the appointing authority as set forth

in a written instrument which shall be filed with the legislative ethics

commission and the commission on ethics and lobbying in government.

(d-1) A financial disclosure statement required pursuant to section

seventy-three of this article and this section shall be deemed "filed"

with the commission on ethics and lobbying in government upon its

filing, in accordance with this section, with the legislative ethics

commission for all purposes including, but not limited to, section

ninety-four of the executive law, subdivision nine of section eighty of

the legislative law and subdivision four of this section.

(e) 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: (i) a judicial

order, decree or judgment, or (ii) a legally binding separation

agreement.

(e-1) The term "domestic partner" shall mean a person who, with

respect to another person, is formally a party in a domestic partnership

or similar relationship with the other person, entered into pursuant to

the laws of the United States or any state, local or foreign

jurisdiction, or registered as the domestic partner of the other person

with any registry maintained by the employer of either party or any

state, municipality, or foreign jurisdiction.

(f) 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.

(g) 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.

(h) The term "political party chairman" shall have the same meaning as

ascribed to such term by subdivision one of section seventy-three of

this article.

(i) The term "local agency" shall mean:

(i) any county, city, town, village, school district or district

corporation, or any agency, department, division, board, commission or

bureau thereof; and

(ii) any public benefit corporation or public authority not included

in the definition of a state agency.

(j) The term "regulatory agency" shall have the same meaning as

ascribed to such term by subdivision one of section seventy-three of

this article.

(k) The term "ministerial matter" shall have the same meaning as

ascribed to such term by subdivision one of section seventy-three of

this article.

(l) The term "filing rate" shall mean the higher of the job rates of

SG-24 as set forth in paragraph a or c of subdivision one of section one

hundred thirty of the civil service law as of April first of the year in

which an annual financial disclosure statement shall be filed.

(m) The term "lobbyist" shall have the same meaning as ascribed to

such term in subdivision (a) of section one-c of the legislative law.

2. (a) Every statewide elected official, state officer or employee,

member of the legislature, legislative employee and political party

chair and every candidate for statewide elected office or for member of

the legislature shall file an annual statement of financial disclosure

containing the information and in the form set forth in subdivision

three of this section. On or before the fifteenth day of May with

respect to the preceding calendar year: (1) every member of the

legislature, every candidate for member of the legislature and

legislative employee shall file such statement with the legislative

ethics commission which shall provide such statement along with any

requests for exemptions or deletions to the commission on ethics and

lobbying in government for filing and rulings with respect to such

requests for exemptions or deletions, on or before the thirtieth day of

June; and (2) all other individuals required to file such statement

shall file it with the commission on ethics and lobbying in government,

except that:

(i) a person who is subject to the reporting requirements of this

subdivision and who timely filed with the internal revenue service an

application for automatic extension of time in which to file his or her

individual income tax return for the immediately preceding calendar or

fiscal year shall be required to file such financial disclosure

statement on or before May fifteenth but may, without being subjected to

any civil penalty on account of a deficient statement, indicate with

respect to any item of the disclosure statement that information with

respect thereto is lacking but will be supplied in a supplementary

statement of financial disclosure, which shall be filed on or before the

seventh day after the expiration of the period of such automatic

extension of time within which to file such individual income tax

return, provided that failure to file or to timely file such

supplementary statement of financial disclosure or the filing of an

incomplete or deficient supplementary statement of financial disclosure

shall be subject to the notice and penalty provisions of this section

respecting annual statements of financial disclosure as if such

supplementary statement were an annual statement;

(ii) a person who is required to file an annual financial disclosure

statement with the commission on ethics and lobbying in government, and

who is granted an additional period of time within which to file such

statement due to justifiable cause or undue hardship, in accordance with

required rules and regulations adopted pursuant to section ninety-four

of the executive law shall file such statement within the additional

period of time granted; and the legislative ethics commission shall

notify the commission on ethics and lobbying in government of any

extension granted pursuant to this paragraph;

(iii) candidates for statewide office who receive a party designation

for nomination by a state committee pursuant to section 6-104 of the

election law shall file such statement within ten days after the date of

the meeting at which they are so designated;

(iv) candidates for statewide office who receive twenty-five percent

or more of the vote cast at the meeting of the state committee held

pursuant to section 6-104 of the election law and who demand to have

their names placed on the primary ballot and who do not withdraw within

fourteen days after such meeting shall file such statement within ten

days after the last day to withdraw their names in accordance with the

provisions of such section of the election law;

(v) candidates for statewide office and candidates for member of the

legislature who file party designating petitions for nomination at a

primary election shall file such statement within ten days after the

last day allowed by law for the filing of party designating petitions

naming them as candidates for the next succeeding primary election;

(vi) candidates for independent nomination who have not been

designated by a party to receive a nomination shall file such statement

within ten days after the last day allowed by law for the filing of

independent nominating petitions naming them as candidates in the next

succeeding general or special election;

(vii) candidates who receive the nomination of a party for a special

election shall file such statement within ten days after the date of the

meeting of the party committee at which they are nominated;

(viii) a candidate substituted for another candidate, who fills a

vacancy in a party designation or in an independent nomination, caused

by declination, shall file such statement within ten days after the last

day allowed by law to file a certificate to fill a vacancy in such party

designation or independent nomination;

(ix) with respect to all candidates for member of the legislature, the

legislative ethics commission shall within five days of receipt provide

the commission on ethics and lobbying in government the statement filed

pursuant to subparagraphs (v), (vi), (vii) and (viii) of this paragraph.

(b) As used in this subdivision, the terms "party", "committee" (when

used in conjunction with the term "party"), "designation", "primary",

"primary election", "nomination", "independent nomination" and "ballot"

shall have the same meanings as those contained in section 1-104 of the

election law.

(c) If the reporting individual is a senator or member of assembly,

candidate for the senate or member of assembly or a legislative

employee, such statement shall be filed with both the legislative ethics

commission established by section eighty of the legislative law and the

commission on ethics and lobbying in government in accordance with

paragraph (d-1) of subdivision one of this section. If the reporting

individual is a statewide elected official, candidate for statewide

elected office, a state officer or employee or a political party chair,

such statement shall be filed with the commission on ethics and lobbying

in government established by section ninety-four of the executive law.

(d) The commission on ethics and lobbying in government shall obtain

from the state board of elections a list of all candidates for statewide

office and for member of the legislature, and from such list, shall

determine and publish a list of those candidates who have not, within

ten days after the required date for filing such statement, filed the

statement required by this subdivision.

(e) Any person required to file such statement who commences

employment after May fifteenth of any year and political party chair

shall file such statement within thirty days after commencing employment

or of taking the position of political party chair, as the case may be.

In the case of members of the legislature and legislative employees,

such statements shall be filed with the legislative ethics commission

within thirty days after commencing employment, and the legislative

ethics commission shall provide such statements to the commission on

ethics and lobbying in government within forty-five days of receipt.

(f) A person who may otherwise be required to file more than one

annual financial disclosure statement with both the commission on ethics

and lobbying in government and the legislative ethics commission in any

one calendar year may satisfy such requirement by filing one such

statement with either body and by notifying the other body of such

compliance.

(g) A person who is employed in more than one employment capacity for

one or more employers certain of whose officers and employees are

subject to filing a financial disclosure statement with the same ethics

commission, as the case may be, and who receives distinctly separate

payments of compensation for such employment shall be subject to the

filing requirements of this section if the aggregate annual compensation

for all such employment capacities is in excess of the filing rate

notwithstanding that such person would not otherwise be required to file

with respect to any one particular employment capacity. A person not

otherwise required to file a financial disclosure statement hereunder

who is employed by an employer certain of whose officers or employees

are subject to filing a financial disclosure statement with the

commission on ethics and lobbying in government and who is also employed

by an employer certain of whose officers or employees are subject to

filing a financial disclosure statement with the legislative ethics

commission shall not be subject to filing such statement with either

such commission on the basis that his aggregate annual compensation from

all such employers is in excess of the filing rate.

(h) A statewide elected official or member of the legislature, who is

simultaneously a candidate for statewide elected office or member of the

legislature, shall satisfy the filing deadline requirements of this

subdivision by complying only with the deadline applicable to one who

holds a statewide elected office or who holds the office of member of

the legislature.

(i) A candidate whose name will appear on both a party designating

petition and on an independent nominating petition for the same office

or who will be listed on the election ballot for the same office more

than once shall satisfy the filing deadline requirements of this

subdivision by complying with the earliest applicable deadline only.

(j) A member of the legislature who is elected to such office at a

special election prior to May fifteenth in any year shall satisfy the

filing requirements of this subdivision in such year by complying with

the earliest applicable deadline only.

(k) The commission on ethics and lobbying in government shall post for

at least five years beginning for filings made on January first, two

thousand thirteen the annual statement of financial disclosure and any

amendments filed by each person subject to the reporting requirements of

this subdivision who is an elected official on its website for public

review within thirty days of its receipt of such statement or within ten

days of its receipt of such amendment that reflects any corrections of

deficiencies identified by the commission or by the reporting individual

after the reporting individual's initial filing. Except upon an

individual determination by the commission that certain information may

be deleted from a reporting individual's annual statement of financial

disclosure, none of the information in the statement posted on the

commission's website shall be otherwise deleted.

3. The annual statement of financial disclosure shall contain the

information and shall be in the form set forth hereinbelow:

ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)

1. Name ______________________________________________________________

2. (a) Title of Position _____________________________________________

(b) Department, Agency or other Governmental Entity _______________

(c) Address of Present Office _____________________________________

(d) Office Telephone Number _______________________________________

3. (a) Marital Status ______________. If married, please give spouse's

full name.

__________________________________________________________________.

(b) Full name of domestic partner (if applicable).

_________________________________________________________________ .

(c) List the names of all unemancipated children.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Answer each of the following questions completely, with respect to

calendar year _________, unless another period or date is otherwise

specified. If additional space is needed, attach additional pages.

Whenever a "value" or "amount" is required to be reported herein, such

value or amount shall be reported as being within one of the following

Categories in Table I or Table II of this subdivision as called for in

the question: A reporting individual shall indicate the Category by

letter only.

Whenever "income" is required to be reported herein, the term "income"

shall mean the aggregate net income before taxes from the source

identified.

The term "calendar year" shall mean the year ending the December 31st

preceding the date of filing of the annual statement.

4. (a) List any office, trusteeship, directorship, partnership, or

position of any nature, whether compensated or not, held by the

reporting individual with any firm, corporation, association,

partnership, or other organization other than the State of New York.

Include compensated honorary positions; do NOT list membership or

uncompensated honorary positions. If the listed entity was licensed

by any state or local agency, was regulated by any state regulatory

agency or local agency, or, as a regular and significant part of the

business or activity of said entity, did business with, or had

matters other than ministerial matters before, any state or local

agency, list the name of any such agency.

State or

Position Organization Local Agency

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

(b) List any office, trusteeship, directorship, partnership, or position

of any nature, whether compensated or not, held by the spouse,

domestic partner or unemancipated child of the reporting individual,

with any firm, corporation, association, partnership, or other

organization other than the State of New York. Include compensated

honorary positions; do NOT list membership or uncompensated honorary

positions. If the listed entity was licensed by any state or local

agency, was regulated by any state regulatory agency or local

agency, or, as a regular and significant part of the business or

activity of said entity, did business with, or had matters other

than ministerial matters before, any state or local agency, list the

name of any such agency.

State or

Position Organization Local Agency

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

5. (a) List the name, address and description of any occupation,

employment (other than the employment listed under Item 2 above),

trade, business or profession engaged in by the reporting

individual. If such activity was licensed by any state or local

agency, was regulated by any state regulatory agency or local

agency, or, as a regular and significant part of the business or

activity of said entity, did business with, or had matters other

than ministerial matters before, any state or local agency, list the

name of any such agency.

State or

Name & Address Local

Position of Organization Description Agency

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

(b) If the spouse, domestic partner or unemancipated child of the

reporting individual was engaged in any occupation, employment,

trade, business or profession which activity was licensed by any

state or local agency, was regulated by any state regulatory agency

or local agency, or, as a regular and significant part of the

business or activity of said entity, did business 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.

State or

Name & Address Local

Position of Organization Description Agency

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

6. List any interest, in EXCESS of $1,000, held by the reporting

individual, such individual's spouse, domestic partner or

unemancipated child, or partnership of which any such person is a

member, or corporation, 10% 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 and include

the name of the entity which holds such interest and the

relationship of the reporting individual or such individual's

spouse, domestic partner or such child to such entity and the

interest in such contract. Do NOT include bonds and notes. 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 must 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 local agency after

public notice and pursuant to a process for competitive bidding or a

process for competitive requests for proposals.

Entity Relationship Contracting Category

Self, Which Held to Entity State or of

Spouse, Interest in and Interest Local Value of

Domestic Contract in Contract Agency Contract

Partner or

Child (In Table II)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

7. List any position the reporting individual 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.

The term "party" shall have the same meaning as "party" in the

election law. The term "political organization" means any party or

independent body as defined in the election law or any organization

that is affiliated with or a subsidiary of a party or independent

body.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

8. (a) If the reporting individual practices law, is licensed by the

department of state as a real estate broker or agent or practices a

profession licensed by the department of education, or works as a member

or employee of a firm required to register pursuant to section one-e of

the legislative law as a lobbyist, describe the services rendered for

which compensation was paid including a general description of the

principal subject areas of matters undertaken by such individual and

principal duties performed. Specifically state whether the reporting

individual provides services directly to clients. Additionally, if such

an individual practices with a firm or corporation and is a partner or

shareholder of the firm or corporation, give a general description of

principal subject areas of matters undertaken by such firm or

corporation.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

(b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE

PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER

THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING

CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON

OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER

THIRTY-FIRST, TWO THOUSAND FIFTEEN:

If the reporting individual personally provides services to any person

or entity, or works as a member or employee of a partnership or

corporation that provides such services (referred to hereinafter as a

"firm"), then identify each client or customer to whom the reporting

individual personally provided services, or who was referred to the firm

by the reporting individual, and from whom the reporting individual or

his or her firm earned fees in excess of $10,000 during the reporting

period for such services rendered in direct connection with:

(i) A contract in an amount totaling $50,000 or more from the state or

any state agency for services, materials, or property;

(ii) A grant of $25,000 or more from the state or any state agency

during the reporting period;

(iii) A grant obtained through a legislative initiative during the

reporting period; or

(iv) A case, proceeding, application or other matter that is not a

ministerial matter before a state agency during the reporting period.

For purposes of this question, "referred to the firm" shall mean:

having intentionally and knowingly taken a specific act or series of

acts to intentionally procure for the reporting individual's firm or

knowingly solicit or direct to the reporting individual's firm in whole

or substantial part, a person or entity that becomes a client of that

firm for the purposes of representation for a matter as defined in

subparagraphs (i) through (iv) of this paragraph, as the result of such

procurement, solicitation or direction of the reporting individual. A

reporting individual need not disclose activities performed while

lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of

subdivision seven of section seventy-three of this article.

The disclosure requirement in this question shall not require

disclosure of clients or customers receiving medical or dental services,

mental health services, residential real estate brokering services, or

insurance brokering services from the reporting individual or his or her

firm. The reporting individual need not identify any client to whom he

or she or his or her firm provided legal representation with respect to

investigation or prosecution by law enforcement authorities, bankruptcy,

or domestic relations matters. With respect to clients represented in

other matters, where disclosure of a client's identity is likely to

cause harm, the reporting individual shall request an exemption from the

commission on ethics and lobbying in government pursuant to section

ninety-four of the executive law, provided, however, that a reporting

individual who first enters public office after July first, two thousand

twelve, need not report clients or customers with respect to matters for

which the reporting individual or his or her firm was retained prior to

entering public office.

Client Nature of Services Provided

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

(b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES

ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR

FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE

SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO

THOUSAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN

CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):

If the reporting individual receives income from employment reportable

in question 8(a) and personally provides services to any person or

entity, or works as a member or employee of a partnership or corporation

that provides such services (referred to hereinafter as a "firm"), the

reporting individual shall identify each client or customer to whom the

reporting individual personally provided services, or who was referred

to the firm by the reporting individual, and from whom the reporting

individual or his or her firm earned fees in excess of $10,000 during

the reporting period in direct connection with:

(i) A contract in an amount totaling $10,000 or more from the state or

any state agency for services, materials, or property;

(ii) A grant of $10,000 or more from the state or any state agency

during the reporting period;

(iii) A grant obtained through a legislative initiative during the

reporting period; or

(iv) A case, proceeding, application or other matter that is not a

ministerial matter before a state agency during the reporting period.

For such services rendered by the reporting individual directly to

each such client, describe each matter that was the subject of such

representation, the services actually provided and the payment received.

For payments received from clients referred to the firm by the reporting

individual, if the reporting individual directly received a referral fee

or fees for such referral, identify the client and the payment so

received.

For purposes of this question, "referred to the firm" shall mean:

having intentionally and knowingly taken a specific act or series of

acts to intentionally procure for the reporting individual's firm or

having knowingly solicited or directed to the reporting individual's

firm in whole or substantial part, a person or entity that becomes a

client of that firm for the purposes of representation for a matter as

defined in clauses (i) through (iv) of this subparagraph, as the result

of such procurement, solicitation or direction of the reporting

individual. A reporting individual need not disclose activities

performed while lawfully acting in his or her capacity as provided in

paragraphs (c), (d), (e) and (f) of subdivision seven of section

seventy-three of this article.

Client Matter Nature of Services Provided Category

of Amount

(in Table I)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

(b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES

ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR

FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE

SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO

THOUSAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN

CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):

(i) With respect to reporting individuals who receive ten thousand

dollars or more from employment or activity reportable under question

8(a), for each client or customer NOT otherwise disclosed or exempted in

question 8 or 13, disclose the name of each client or customer known to

the reporting individual to whom the reporting individual provided

services: (A) who paid the reporting individual in excess of five

thousand dollars for such services; or (B) who had been billed with the

knowledge of the reporting individual in excess of five thousand dollars

by the firm or other entity named in question 8(a) for the reporting

individual's services.

Client Services Category of Amount

Actually Provided (in Table I)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF

DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":

* REVIEWED DOCUMENTS AND CORRESPONDENCE;

* REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;

* PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);

* CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS

OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);

* PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY

NAME);

* REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR

REPRESENTATION OR CONSULTATION;

* COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);

* PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING

RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);

* COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).

(ii) With respect to reporting individuals who disclosed in question

8(a) that the reporting individual did not provide services to a client

but provided services to a firm or business, identify the category of

amount received for providing such services and describe the services

rendered.

Services Actually Provided Category of Amount (Table I)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

A reporting individual need not disclose activities performed while

lawfully acting in his or her capacity as provided in paragraphs (c),

(d), (e) and (f) of subdivision seven of section seventy-three of this

article.

The disclosure requirement in questions (b-1) and (b-2) shall not

require disclosing clients or customers receiving medical,

pharmaceutical or dental services, mental health services, or

residential real estate brokering services from the reporting individual

or his or her firm or if federal law prohibits or limits disclosure. The

reporting individual need not identify any client to whom he or she or

his or her firm provided legal representation with respect to

investigation or prosecution by law enforcement authorities, bankruptcy,

family court, estate planning, or domestic relations matters, nor shall

the reporting individual identify individuals represented pursuant to an

insurance policy but the reporting individual shall in such

circumstances only report the entity that provides compensation to the

reporting individual; with respect to matters in which the client's name

is required by law to be kept confidential (such as matters governed by

the family court act) or in matters in which the reporting individual

represents or provides services to minors, the client's name may be

replaced with initials. To the extent that the reporting individual, or

his or her firm, provided legal representation with respect to an

initial public offering, and professional disciplinary rules, federal

law or regulations restrict the disclosure of information relating to

such work, the reporting individual shall (i) disclose the identity of

the client and the services provided relating to the initial public

offering to the office of court administration, who will maintain such

information confidentially in a locked box; and (ii) include in his or

her response to questions (b-1) and (b-2) that pursuant to this

paragraph, a disclosure to the office of court administration has been

made. Upon such time that the disclosure of information maintained in

the locked box is no longer restricted by professional disciplinary

rules, federal law or regulation, the reporting individual shall

disclose such information in an amended disclosure statement in response

to the disclosure requirements in questions (b-1) and (b-2). The office

of court administration shall develop and maintain a secure portal

through which information submitted to it pursuant to this paragraph can

be safely and confidentially stored. With respect to clients represented

in other matters not otherwise exempt, the reporting individual may

request an exemption to publicly disclosing the name of that client from

the commission on ethics and lobbying in government pursuant to section

ninety-four of the executive law, or from the office of court

administration. In such application, the reporting individual shall

state the following: "My client is not currently receiving my services

or seeking my services in connection with:

(i) A proposed bill or resolution in the senate or assembly during the

reporting period;

(ii) A contract in an amount totaling $10,000 or more from the state

or any state agency for services, materials, or property;

(iii) A grant of $10,000 or more from the state or any state agency

during the reporting period;

(iv) A grant obtained through a legislative initiative during the

reporting period; or

(v) A case, proceeding, application or other matter that is not a

ministerial matter before a state agency during the reporting period."

In reviewing the request for an exemption, the commission on ethics

and lobbying in government or the office of court administration may

consult with bar or other professional associations and the legislative

ethics commission for individuals subject to its jurisdiction and may

consider the rules of professional conduct. In making its determination,

the commission on ethics and lobbying in government or the office of

court administration shall conduct its own inquiry and shall consider

factors including, but not limited to: (i) the nature and the size of

the client; (ii) whether the client has any business before the state;

and if so, how significant the business is; and whether the client has

any particularized interest in pending legislation and if so how

significant the interest is; (iii) whether disclosure may reveal trade

secrets; (iv) whether disclosure could reasonably result in retaliation

against the client; (v) whether disclosure may cause undue harm to the

client; (vi) whether disclosure may result in undue harm to the

attorney-client relationship; and (vii) whether disclosure may result in

an unnecessary invasion of privacy to the client.

The commission on ethics and lobbying in government or, as the case

may be, the office of court administration shall promptly make a final

determination in response to such request, which shall include an

explanation for its determination. The office of court administration

shall issue its final determination within three days of receiving the

request. Notwithstanding any other provision of law or any professional

disciplinary rule to the contrary, the disclosure of the identity of any

client or customer in response to this question shall not constitute

professional misconduct or a ground for disciplinary action of any kind,

or form the basis for any civil or criminal cause of action or

proceeding. A reporting individual who first enters public office after

January first, two thousand sixteen, need not report clients or

customers with respect to matters for which the reporting individual or

his or her firm was retained prior to entering public office.

(c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE

PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR

NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE

SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO

THOUSAND FIFTEEN:

If the reporting individual receives income of ten thousand dollars or

greater from any employment or activity reportable under question 8(a),

identify each registered lobbyist who has directly referred to such

individual a client who was successfully referred to the reporting

individual's business and from whom the reporting individual or firm

received a fee for services in excess of five thousand dollars. Report

only those referrals that were made to a reporting individual by direct

communication from a person known to such reporting individual to be a

registered lobbyist at the time the referral is made. With respect to

each such referral, the reporting individual shall identify the client,

the registered lobbyist who has made the referral, the category of value

of the compensation received and a general description of the type of

matter so referred. A reporting individual need not disclose activities

performed while lawfully acting pursuant to paragraphs (c), (d), (e) and

(f) of subdivision seven of section seventy-three of this article. The

disclosure requirements in this question shall not require disclosing

clients or customers receiving medical, pharmaceutical or dental

services, mental health services, or residential real estate brokering

services from the reporting individual or his or her firm or if federal

law prohibits or limits disclosure. The reporting individual need not

identify any client to whom he or she or his or her firm provided legal

representation with respect to investigation or prosecution by law

enforcement authorities, bankruptcy, family court, estate planning, or

domestic relations matters, nor shall the reporting individual identify

individuals represented pursuant to an insurance policy but the

reporting individual shall in such circumstances only report the entity

that provides compensation to the reporting individual; with respect to

matters in which the client's name is required by law to be kept

confidential (such as matters governed by the family court act) or in

matters in which the reporting individual represents or provides

services to minors, the client's name may be replaced with initials. To

the extent that the reporting individual, or his or her firm, provided

legal representation with respect to an initial public offering, and

federal law or regulations restricts the disclosure of information

relating to such work, the reporting individual shall (i) disclose the

identity of the client and the services provided relating to the initial

public offering to the office of court administration, who will maintain

such information confidentially in a locked box; and (ii) include in his

or her response a statement that pursuant to this paragraph, a

disclosure to the office of court administration has been made. Upon

such time that the disclosure of information maintained in the locked

box is no longer restricted by federal law or regulation, the reporting

individual shall disclose such information in an amended disclosure

statement in response to the disclosure requirements of this paragraph.

The office of court administration shall develop and maintain a secure

portal through which information submitted to it pursuant to this

paragraph can be safely and confidentially stored. With respect to

clients represented in other matters not otherwise exempt, the reporting

individual may request an exemption to publicly disclosing the name of

that client from the commission on ethics and lobbying in government

pursuant to section ninety-four of the executive law, or from the office

of court administration. In such application, the reporting individual

shall state the following: "My client is not currently receiving my

services or seeking my services in connection with:

(i) A proposed bill or resolution in the senate or assembly during the

reporting period;

(ii) A contract in an amount totaling $10,000 or more from the state

or any state agency for services, materials, or property;

(iii) A grant of $10,000 or more from the state or any state agency

during the reporting period;

(iv) A grant obtained through a legislative initiative during the

reporting period; or

(v) A case, proceeding, application or other matter that is not a

ministerial matter before a state agency during the reporting period."

In reviewing the request for an exemption, the commission on ethics

and lobbying in government or the office of court administration may

consult with bar or other professional associations and the legislative

ethics commission for individuals subject to its jurisdiction and may

consider the rules of professional conduct. In making its determination,

the commission on ethics and lobbying in government or the office of

court administration shall conduct its own inquiry and shall consider

factors including, but not limited to: (i) the nature and the size of

the client; (ii) whether the client has any business before the state;

and if so, how significant the business is; and whether the client has

any particularized interest in pending legislation and if so how

significant the interest is; (iii) whether disclosure may reveal trade

secrets; (iv) whether disclosure could reasonably result in retaliation

against the client; (v) whether disclosure may cause undue harm to the

client; (vi) whether disclosure may result in undue harm to the

attorney-client relationship; and (vii) whether disclosure may result in

an unnecessary invasion of privacy to the client.

The commission on ethics and lobbying in government or, as the case

may be, the office of court administration shall promptly make a final

determination in response to such request, which shall include an

explanation for its determination. The office of court administration

shall issue its final determination within three days of receiving the

request. Notwithstanding any other provision of law or any professional

disciplinary rule to the contrary, the disclosure of the identity of any

client or customer in response to this question shall not constitute

professional misconduct or a ground for disciplinary action of any kind,

or form the basis for any civil or criminal cause of action or

proceeding. A reporting individual who first enters public office after

December thirty-first, two thousand fifteen, need not report clients or

customers with respect to matters for which the reporting individual or

his or her firm was retained prior to entering public office.

Client Name of Lobbyist Description Category of Amount

of Matter (in Table 1)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

(d) List the name, principal address and general description or the

nature of the business activity of any entity in which the reporting

individual or such individual's spouse or domestic partner had an

investment in excess of $1,000 excluding investments in securities and

interests in real property.

9. List each source of gifts, EXCLUDING campaign contributions, in

EXCESS of $1,000, received during the reporting period for which this

statement is filed by the reporting individual or such individual's

spouse, domestic partner or unemancipated child from the same donor,

EXCLUDING gifts from a relative. INCLUDE the name and address of the

donor. The term "gifts" does not include reimbursements, which term is

defined in item 10. Indicate the value and nature of each such gift.

Category

Self, of

Spouse, Name of Nature Value of

Domestic Donor Address of Gift Gift

Partner (In Table I)

or Child

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

10. Identify and briefly describe the source of any reimbursements for

expenditures, EXCLUDING campaign expenditures and expenditures in

connection with official duties reimbursed by the state, in EXCESS

of $1,000 from each such source. For purposes of this item, the term

"reimbursements" shall mean any travel-related expenses provided by

nongovernmental sources and for activities related to the reporting

individual's official duties such as, speaking engagements,

conferences, or factfinding events. The term "reimbursements" does

NOT include gifts reported under item 9.

Source Description

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

11. List the identity and value, if reasonably ascertainable, of each

interest in a trust, estate or other beneficial interest, including

retirement plans (other than retirement plans of the state of New

York or the city of New York), and deferred compensation plans

(e.g., 401, 403(b), 457, etc.) established in accordance with the

internal revenue code, in which the REPORTING INDIVIDUAL held a

beneficial interest in EXCESS of $1,000 at any time during the

preceding year. Do NOT report interests in a trust, estate or other

beneficial interest established by or for, or the estate of, a

relative.

Category

Identity of Value*

(In Table II)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

* The value of such interest shall be reported only if reasonably

ascertainable.

12. (a) Describe the terms of, and the parties to, any contract,

promise, or other agreement between the reporting individual and any

person, firm, or corporation with respect to the employment of such

individual after leaving office or position (other than a leave of

absence).

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

(b) Describe the parties to and the terms of any agreement providing

for continuation of payments or benefits to the REPORTING INDIVIDUAL

in EXCESS of $1,000 from a prior employer OTHER THAN the State.

(This includes interests in or contributions to a pension fund,

profit-sharing plan, or life or health insurance; buy-out

agreements; severance payments; etc.)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

13. List below the nature and amount of any income in EXCESS of $1,000

from EACH SOURCE for the reporting individual and such individual's

spouse or domestic partner for the taxable year last occurring prior

to the date of filing. Each such source must be described with

particularity. Nature of income includes, but is not limited to, all

income (other than that received from the employment listed under

Item 2 above) from compensated employment whether public or private,

directorships and other fiduciary positions, contractual

arrangements, teaching income, partnerships, honorariums, 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.

Self/ Category

Spouse Source Nature of Amount

or Domestic (In Table I)

Partner

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

14. List the sources of any deferred income (not retirement income) in

EXCESS of $1,000 from each source to be paid to the reporting

individual following the close of the calendar year for which this

disclosure statement is filed, other than deferred compensation

reported in item 11 hereinabove. Deferred income derived from the

practice of a profession shall be listed in the aggregate and shall

identify as the source, the name of the firm, corporation,

partnership or association through which the income was derived, but

shall not identify individual clients.

Category

Source of Amount

(In Table I)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

15. List each assignment of income in EXCESS of $1,000, and each

transfer other than to a relative during the reporting period for

which this statement is filed for less than fair consideration of an

interest in a trust, estate or other beneficial interest, securities

or real property, by the reporting individual, in excess of $1,000,

which would otherwise be required to be reported herein and is not

or has not been so reported.

Item Assigned Assigned or Category

or Transferred Transferred to of Value

(In Table I)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

16. List below the type and market value of securities held by the

reporting individual or such individual's spouse or domestic partner

from each issuing entity in EXCESS of $1,000 at the close of the

taxable year last occurring prior to the date of filing, including

the name of the issuing entity exclusive of securities held by the

reporting individual 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

reporting individual has knowledge thereof except where the

reporting individual or the reporting individual's spouse or

domestic partner has transferred assets to such trust for his or her

benefit in which event such securities shall be listed unless they

are not ascertainable by the reporting individual because the

trustee is under an obligation or has been instructed in writing not

to disclose the contents of the trust to the reporting individual.

Securities of which the reporting individual or the reporting

individual's spouse or domestic partner is the owner of record but

in which such individual or the reporting individual's spouse or

domestic partner has no beneficial interest shall not be listed.

Indicate percentage of ownership ONLY if the reporting person or the

reporting person's spouse or domestic partner holds more than five

percent (5%) of the stock of a corporation in which the stock is

publicly traded or more than ten percent (10%) of the stock of a

corporation in which the stock is NOT publicly traded. Also list

securities owned for investment purposes by a corporation more than

fifty percent (50%) of the stock of which is owned or controlled by

the reporting individual or such individual's spouse or domestic

partner. For the purpose of this item the term "securities" shall

mean mutual funds, bonds, mortgages, notes, obligations, warrants

and stocks of any class, investment interests in limited or general

partnerships and certificates of deposits (CDs) 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 item 8 (a) or if the security is

corporate stock, NOT publicly traded, in a trade or business of a

reporting individual or a reporting individual's spouse or domestic

partner.

Percentage

of corporate

stock owned

or controlled Category of

(if more than Market Value

5% of pub- as of the close

licly traded of the

stock, or taxable year

more than last occurring

10% if stock prior to

Self/ Issuing Type of not publicly the filing of

Spouse Entity Security traded, is held) this statement

or (In Table II)

Domestic

Partner

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

16-a. List below the name and market value of digital assets held by

the reporting individual or such individual's spouse or domestic partner

in EXCESS of $1,000 at the close of the taxable year last occurring

prior to the date of filing. Whenever an interest in digital assets

exists through a beneficial interest in a trust, the digital assets held

in such trust shall be listed ONLY IF the reporting individual has

knowledge thereof except where the reporting individual or the reporting

individual's spouse or domestic partner has transferred assets to such

trust for his or her benefit in which event such digital assets shall be

listed unless they are not ascertainable by the reporting individual

because the trustee is under an obligation or has been instructed in

writing not to disclose the contents of the trust to the reporting

individual. The digital assets of which the reporting individual or the

reporting individual's spouse or domestic partner is the owner of record

but in which such individual or the reporting individual's spouse or

domestic partner has no beneficial interest shall not be listed. Also

list digital assets owned for investment purposes by a corporation more

than fifty percent (50%) of the stock of which is owned or controlled by

the reporting individual or such individual's spouse or domestic

partner. For purposes of this subdivision, the following terms shall

have the following meanings:

(a) "Digital asset" shall mean an asset that is issued, transferred,

or both, using distributed ledger or blockchain technology, including,

but not limited to, digital currencies, digital coins, digital

non-fungible tokens or other similar assets.

(b) "Digital currency" shall mean any type of digital unit that is

used as a medium of exchange or a form of digitally stored value.

Virtual currency shall be broadly construed to include digital units of

exchange that: (i) have a centralized repository or administrator; (ii)

are decentralized and have no centralized repository or administrator;

or (iii) may be created or obtained by computing, manufacturing, or

other similar effort.

(c) "Distributed ledger or blockchain technology" shall mean a ledger

or database that stores shared state by maintaining it across a

multiplicity of devices belonging to different entities and securing it

through a combination of cryptographic and consensus protocols, where

the shared state serves to authenticate, record, share, and/or

synchronize transactions involving digital assets or virtual currencies.

Category of

Market Value

as of the close

of the taxable

year last

occurring

prior to

Self/ Type of the filing of

Spouse or Digital Asset this statement

Domestic (In Table II)

Partner

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

17. List below the location, size, general nature, acquisition date,

market value and percentage of ownership of any real property in

which any vested or contingent interest in EXCESS of $1,000 is held

by the reporting individual or the reporting individual's spouse or

domestic partner. Also list real property owned for investment

purposes by a corporation more than fifty percent (50%) of the stock

of which is owned or controlled by the reporting individual or such

individual's spouse or domestic partner. Do NOT list any real

property which is the primary or secondary personal residence of the

reporting individual or the reporting individual's spouse or

domestic partner, except where there is a co-owner who is other than

a relative.

Self/ Percentage Category

Spouse/ General Acquisition of of Market

Domestic Nature Date Ownership Value

Partner (In

Corporation Location Size Table II)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

18. List below all notes and accounts receivable, other than from goods

or services sold, held by the reporting individual at the close of

the taxable year last occurring prior to the date of filing and

other debts owed to such individual at the close of the taxable year

last occurring prior to the date of filing, in EXCESS of $1,000,

including the name of the debtor, type of obligation, date due and

the nature of the collateral securing payment of each, if any,

excluding securities reported in item 16 hereinabove. Debts, notes

and accounts receivable owed to the individual by a relative shall

not be reported.

Type of Obligation, Category

Date Due, and Nature of

Name of Debtor of Collateral, if any Amount

(In Table II)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

19. List below all liabilities of the reporting individual and such

individual's spouse or domestic partner, in EXCESS of $10,000 as of

the date of filing of this statement, other than liabilities to a

relative. Do NOT list liabilities incurred by, or guarantees made

by, the reporting individual or such individual's spouse or domestic

partner or by any proprietorship, partnership or corporation in

which the reporting individual or such individual's spouse or

domestic partner has an interest, when incurred or made in the

ordinary course of the trade, business or professional practice of

the reporting individual or such individual's spouse or domestic

partner. Include the name of the creditor and any collateral pledged

by such individual to secure payment of any such liability. A

reporting individual shall not list any obligation to pay

maintenance in connection with a matrimonial action, alimony or

child support payments. 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. If any such

reportable liability has been guaranteed by any third person, list

the liability and name the guarantor.

Category

Name of Creditor Type of Liability of

or Guarantor and Collateral, if any Amount

(In Table II)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

The requirements of law relating to the reporting of financial

interests are in the public interest and no adverse inference of

unethical or illegal conduct or behavior will be drawn merely from

compliance with these requirements.

___________________________________ _________________________

(Signature of Reporting Individual) Date (month/day/year)

TABLE I

Category A none

Category B $ 1 to under $ 1,000

Category C $ 1,000 to under $ 5,000

Category D $ 5,000 to under $ 20,000

Category E $ 20,000 to under $ 50,000

Category F $ 50,000 to under $ 75,000

Category G $ 75,000 to under $ 100,000

Category H $ 100,000 to under $ 150,000

Category I $ 150,000 to under $ 250,000

Category J $ 250,000 to under $ 350,000

Category K $ 350,000 to under $ 450,000

Category L $ 450,000 to under $ 550,000

Category M $ 550,000 to under $ 650,000

Category N $ 650,000 to under $ 750,000

Category O $ 750,000 to under $ 850,000

Category P $ 850,000 to under $ 950,000

Category Q $ 950,000 to under $1,050,000

Category R $1,050,000 to under $1,150,000

Category S $1,150,000 to under $1,250,000

Category T $1,250,000 to under $1,350,000

Category U $1,350,000 to under $1,450,000

Category V $1,450,000 to under $1,550,000

Category W $1,550,000 to under $1,650,000

Category X $1,650,000 to under $1,750,000

Category Y $1,750,000 to under $1,850,000

Category Z $1,850,000 to under $1,950,000

Category AA $1,950,000 to under $2,050,000

Category BB $2,050,000 to under $2,150,000

Category CC $2,150,000 to under $2,250,000

Category DD $2,250,000 to under $2,350,000

Category EE $2,350,000 to under $2,450,000

Category FF $2,450,000 to under $2,550,000

Category GG $2,550,000 to under $2,650,000

Category HH $2,650,000 to under $2,750,000

Category II $2,750,000 to under $2,850,000

Category JJ $2,850,000 to under $2,950,000

Category KK $2,950,000 to under $3,050,000

Category LL $3,050,000 to under $3,150,000

Category MM $3,150,000 to under $3,250,000

Category NN $3,250,000 to under $3,350,000

Category OO $3,350,000 to under $3,450,000

Category PP $3,450,000 to under $3,550,000

Category QQ $3,550,000 to under $3,650,000

Category RR $3,650,000 to under $3,750,000

Category SS $3,750,000 to under $3,850,000

Category TT $3,850,000 to under $3,950,000

Category UU $3,950,000 to under $4,050,000

Category VV $4,050,000 to under $4,150,000

Category WW $4,150,000 to under $4,250,000

Category XX $4,250,000 to under $4,350,000

Category YY $4,350,000 to under $4,450,000

Category ZZ $4,450,000 to under $4,550,000

Category AAA $4,550,000 to under $4,650,000

Category BBB $4,650,000 to under $4,750,000

Category CCC $4,750,000 to under $4,850,000

Category DDD $4,850,000 to under $4,950,000

Category EEE $4,950,000 to under $5,050,000

Category FFF $5,050,000 to under $5,150,000

Category GGG $5,150,000 to under $5,250,000

Category HHH $5,250,000 to under $5,350,000

Category III $5,350,000 to under $5,450,000

Category JJJ $5,450,000 to under $5,550,000

Category KKK $5,550,000 to under $5,650,000

Category LLL $5,650,000 to under $5,750,000

Category MMM $5,750,000 to under $5,850,000

Category NNN $5,850,000 to under $5,950,000

Category OOO $5,950,000 to under $6,050,000

Category PPP $6,050,000 to under $6,150,000

Category QQQ $6,150,000 to under $6,250,000

Category RRR $6,250,000 to under $6,350,000

Category SSS $6,350,000 to under $6,450,000

Category TTT $6,450,000 to under $6,550,000

Category UUU $6,550,000 to under $6,650,000

Category VVV $6,650,000 to under $6,750,000

Category WWW $6,750,000 to under $6,850,000

Category XXX $6,850,000 to under $6,950,000

Category YYY $6,950,000 to under $7,050,000

Category ZZZ $7,050,000 to under $7,150,000

Category AAAA $7,150,000 to under $7,250,000

Category BBBB $7,250,000 to under $7,350,000

Category CCCC $7,350,000 to under $7,450,000

Category DDDD $7,450,000 to under $7,550,000

Category EEEE $7,550,000 to under $7,650,000

Category FFFF $7,650,000 to under $7,750,000

Category GGGG $7,750,000 to under $7,850,000

Category HHHH $7,850,000 to under $7,950,000

Category IIII $7,950,000 to under $8,050,000

Category JJJJ $8,050,000 to under $8,150,000

Category KKKK $8,150,000 to under $8,250,000

Category LLLL $8,250,000 to under $8,350,000

Category MMMM $8,350,000 to under $8,450,000

Category NNNN $8,450,000 to under $8,550,000

Category OOOO $8,550,000 to under $8,650,000

Category PPPP $8,650,000 to under $8,750,000

Category QQQQ $8,750,000 to under $8,850,000

Category RRRR $8,850,000 to under $8,950,000

Category SSSS $8,950,000 to under $9,050,000

Category TTTT $9,050,000 to under $9,150,000

Category UUUU $9,150,000 to under $9,250,000

Category VVVV $9,250,000 to under $9,350,000

Category WWWW $9,350,000 to under $9,450,000

Category XXXX $9,450,000 to under $9,550,000

Category YYYY $9,550,000 to under $9,650,000

Category ZZZZ $9,650,000 to under $9,750,000

Category AAAAA $9,750,000 to under $9,850,000

Category BBBBB $9,850,000 to under $9,950,000

Category CCCCC $9,950,000 to under $10,000,000

Category DDDDD $10,000,000 or over

TABLE II

Category A none

Category B $ 1 to under $ 1,000

Category C $ 1,000 to under $ 5,000

Category D $ 5,000 to under $ 20,000

Category E $ 20,000 to under $ 50,000

Category F $ 50,000 to under $ 75,000

Category G $ 75,000 to under $ 100,000

Category H $ 100,000 to under $ 150,000

Category I $ 150,000 to under $ 250,000

Category J $ 250,000 to under $ 500,000

Category K $ 500,000 to under $ 750,000

Category L $ 750,000 to under $1,000,000

Category M $1,000,000 to under $1,250,000

Category N $1,250,000 to under $1,500,000

Category O $1,500,000 to under $1,750,000

Category P $1,750,000 to under $2,000,000

Category Q $2,000,000 to under $2,250,000

Category R $2,250,000 to under $2,500,000

Category S $2,500,000 to under $2,750,000

Category T $2,750,000 to under $3,000,000

Category U $3,000,000 to under $3,250,000

Category V $3,250,000 to under $3,500,000

Category W $3,500,000 to under $3,750,000

Category X $3,750,000 to under $4,000,000

Category Y $4,000,000 to under $4,250,000

Category Z $4,250,000 to under $4,500,000

Category AA $4,500,000 to under $4,750,000

Category BB $4,750,000 to under $5,000,000

Category CC $5,000,000 to under $5,250,000

Category DD $5,250,000 to under $5,500,000

Category EE $5,500,000 to under $5,750,000

Category FF $5,750,000 to under $6,000,000

Category GG $6,000,000 to under $6,250,000

Category HH $6,250,000 to under $6,500,000

Category II $6,500,000 to under $6,750,000

Category JJ $6,750,000 to under $7,000,000

Category KK $7,000,000 to under $7,250,000

Category LL $7,250,000 to under $7,500,000

Category MM $7,500,000 to under $7,750,000

Category NN $7,750,000 to under $8,000,000

Category OO $8,000,000 to under $8,250,000

Category PP $8,250,000 to under $8,500,000

Category QQ $8,500,000 to under $8,750,000

Category RR $8,750,000 to under $9,000,000

Category SS $9,000,000 to under $9,250,000

Category TT $9,250,000 to under $9,500,000

Category UU $9,500,000 or over

4. A reporting individual who knowingly and wilfully fails to file

an annual statement of financial disclosure or who knowingly and

wilfully with intent to deceive makes a false statement or gives

information which such individual knows to be false on such

statement of financial disclosure filed pursuant to this section

shall be subject to a civil penalty in an amount not to exceed forty

thousand dollars. Assessment of a civil penalty hereunder shall be

made by the commission on ethics and lobbying in government or by

the legislative ethics commission, as the case may be, with respect

to persons subject to their respective jurisdictions. The commission

on ethics and lobbying in government acting pursuant to subdivision

fourteen of section ninety-four of the executive law or the

legislative ethics commission acting pursuant to subdivision eleven

of section eighty of the legislative law, as the case may be, may,

in lieu of or in addition to a civil penalty, refer a violation to

the appropriate prosecutor and upon such conviction, but only after

such referral, such violation shall be punishable as a class A

misdemeanor. A civil penalty for false filing may not be imposed

hereunder in the event a category of "value" or "amount" reported

hereunder is incorrect unless such reported information is falsely

understated. Notwithstanding any other provision of law to the

contrary, no other penalty, civil or criminal may be imposed for a

failure to file, or for a false filing, of such statement, except

that the appointing authority may impose disciplinary action as

otherwise provided by law. The commission on ethics and lobbying in

government and the legislative ethics commission shall each be

deemed to be an agency within the meaning of article three of the

state administrative procedure act and shall adopt rules governing

the conduct of adjudicatory proceedings and appeals relating to the

assessment of the civil penalties herein authorized. Such rules,

which shall not be subject to the approval requirements of the state

administrative procedure act, shall provide for due process

procedural mechanisms substantially similar to those set forth in

such article three but such mechanisms need not be identical in

terms or scope. Assessment of a civil penalty shall be final unless

modified, suspended or vacated within thirty days of imposition and

upon becoming final shall be subject to review at the instance of

the affected reporting individual in a proceeding commenced against

the commission on ethics and lobbying in government or the

legislative ethics commission, pursuant to article seventy-eight of

the civil practice law and rules.

5. Nothing contained in this section shall be construed as

precluding any public authority or public benefit corporation from

exercising any authority or power now or hereafter existing to

require any of its members, directors, officers or employees to file

financial disclosure statements with such public authority or public

benefit corporation that are the same as, different from or

supplemental to any of the requirements contained herein and to

provide only for internal employment discipline for any violation

arising out of such internal filing.

6. Notwithstanding any other provision of law or any professional

disciplinary rule to the contrary, the disclosure of the identity of

any client or customer on a reporting individual's annual statement

of financial disclosure shall not constitute professional misconduct

or a ground for disciplinary action of any kind, or form the basis

for any civil or criminal cause of action or proceeding.

7. With respect to an application to either the commission on

ethics and lobbying in government or the office of court

administration for an exemption to disclosing the name of a client

or customer in response to questions 8 (b-1), 8 (b-2) and 8 (c), all

information which is the subject of or a part of such application

shall remain confidential. The name of the client need not be

disclosed by the reporting individual unless and until the

commission on ethics and lobbying in government or the office of

court administration formally advises the reporting individual that

he or she must disclose such names and the reporting individual

agrees to represent the client. Any commissioner or person employed

by the commission on ethics and lobbying in government or any person

employed by the office of court administration who, intentionally

and without authorization from a court of competent jurisdiction

releases confidential information related to a request for an

exemption received by the commission or the office of court

administration shall be guilty of a class A misdemeanor.

Advertisements by elected government officials and candidates

made with public funds; prohibited. 1. As used in this section:

(a) "Political subdivision" shall mean a county, city, town, village

or district within the state.

(b) "Public authority" shall mean a public authority or public benefit

corporation created by or existing under any law of the state, at least

one of whose members is appointed by the governor (including any

subsidiaries of such public authority or public benefit corporation),

other than an interstate or international authority or public benefit

corporation.

(c) "Appear" or "appears" shall mean to appear by likeness, picture or

voice.

(d) "Candidate" shall have the meaning set forth in section 14-100 of

the election law.

2. Notwithstanding any other provision of law to the contrary, (a) no

elected government official or candidate for elected local, state or

federal office shall knowingly appear in any advertisement or promotion,

including public or community service announcements, published or

broadcast through any print or electronic media (including television,

radio and internet) by any private or commercial entity or any other

entity that publishes such advertisement for a fee, if the advertisement

or promotion is paid for or produced in whole or in part with funds of

the state, a political subdivision thereof or a public authority.

(b) No person shall knowingly use the funds of the state, a political

subdivision thereof or public authority to pay for or produce, in whole

or in part, any advertisement or promotion that is prohibited by

paragraph (a) of this subdivision. This prohibition shall not apply to

otherwise lawful expenditures of public campaign funds specifically

provided for under state, federal or local law.

3. Any person who violates the provisions of this section shall be

liable for a civil penalty of not less than one thousand dollars nor

more than five thousand dollars. The penalties prescribed by this

subdivision may be recovered in a civil action brought by the attorney

general.

Code of ethics. 1. Definition. As used in this section: The term

"state agency" shall mean any state department, or division, board,

commission, or bureau of any state department or any public benefit

corporation or public authority at least one of whose members is

appointed by the governor or corporations closely affiliated with

specific state agencies as defined by paragraph (d) of subdivision five

of section fifty-three-a of the state finance law or their successors.

The term "legislative employee" shall mean any officer or employee of

the legislature but it shall not include members of the legislature.

2. Rule with respect to conflicts of interest. No officer or employee

of a state agency, member of the legislature or legislative employee

should have any interest, financial or otherwise, direct or indirect, or

engage in any business or transaction or professional activity or incur

any obligation of any nature, which is in substantial conflict with the

proper discharge of his or her duties in the public interest.

3. Standards.

a. No officer or employee of a state agency, member of the legislature

or legislative employee should accept other employment which will impair

his or her independence of judgment in the exercise of his or her

official duties.

b. No officer or employee of a state agency, member of the legislature

or legislative employee should accept employment or engage in any

business or professional activity which will require him or her to

disclose confidential information which he or she has gained by reason

of his or her official position or authority.

c. No officer or employee of a state agency, member of the legislature

or legislative employee should disclose confidential information

acquired by him or her in the course of his or her official duties nor

use such information to further his or her personal interests.

d. No officer or employee of a state agency, member of the legislature

or legislative employee should use or attempt to use his or her official

position to secure unwarranted privileges or exemptions for himself or

herself or others, including but not limited to, the misappropriation to

himself, herself or to others of the property, services or other

resources of the state for private business or other compensated

non-governmental purposes.

e. No officer or employee of a state agency, member of the legislature

or legislative employee should engage in any transaction as

representative or agent of the state with any business entity in which

he or she has a direct or indirect financial interest that might

reasonably tend to conflict with the proper discharge of his or her

official duties.

f. An officer or employee of a state agency, member of the legislature

or legislative employee should not by his or her conduct give reasonable

basis for the impression that any person can improperly influence him or

her or unduly enjoy his or her favor in the performance of his or her

official duties, or that he or she is affected by the kinship, rank,

position or influence of any party or person.

g. An officer or employee of a state agency should abstain from making

personnel investments in enterprises which he or she has reason to

believe may be directly involved in decisions to be made by him or her

or which will otherwise create substantial conflict between his or her

duty in the public interest and his or her private interest.

h. An officer or employee of a state agency, member of the legislature

or legislative employee should endeavor to pursue a course of conduct

which will not raise suspicion among the public that he or she is likely

to be engaged in acts that are in violation of his or her trust.

i. No officer or employee of a state agency employed on a full-time

basis nor any firm or association of which such an officer or employee

is a member nor corporation a substantial portion of the stock of which

is owned or controlled directly or indirectly by such officer or

employee, should sell goods or services to any person, firm, corporation

or association which is licensed or whose rates are fixed by the state

agency in which such officer or employee serves or is employed.

4. Violations. In addition to any penalty contained in any other

provision of law any such officer, member or employee who shall

knowingly and intentionally violate any of the provisions of this

section may be fined, suspended or removed from office or employment in

the manner provided by law. Any such individual who knowingly and

intentionally violates the provisions of paragraph b, c, d or i of

subdivision three of this section shall be subject to a civil penalty in

an amount not to exceed ten thousand dollars and the value of any gift,

compensation or benefit received as a result of such violation. Any such

individual who knowingly and intentionally violates the provisions of

paragraph a, e or g of subdivision three of this section shall be

subject to a civil penalty in an amount not to exceed the value of any

gift, compensation or benefit received as a result of such violation.

Duty of public officers regarding the physically handicapped.

It shall be the duty of each public officer responsible for the

scheduling or siting of any public hearing to make reasonable efforts to

ensure that such hearings are held in facilities that permit

barrier-free physical access to the physically handicapped, as defined

in subdivision five of section fifty of the public buildings law.

Bribery of members of the legislature. A person who gives or

offers, or causes to be given or offered, a bribe, or any money,

property, or value of any kind, or any promise or agreement therefor, to

a member of the legislature, or to a person who has been elected a

member of the legislature, or attempts, directly or indirectly, by

menace, deceit, suppression of truth, or other corrupt means, to

influence such a member or person to give or withhold his vote, or to

absent himself from the house of which he is, or is to become, a member,

or from any committee thereof, is punishable by imprisonment for not

more than ten years, or by a fine of not more than five thousand

dollars, or by both.

Appearance by a person convicted of a crime of corruption.

Upon conviction for any of the following crimes: bribery in the first

degree, bribery in the second degree, bribery in the third degree,

rewarding official misconduct in the first degree, rewarding official

misconduct in the second degree, giving unlawful gratuities, and when

any such crime is committed for the purpose of corrupting a public

office, agency or public official of the state, or any political

subdivision, public authority, or public benefit corporation of the

state, in the performance of public duty, such public office, agency or

public official of the state, or any political subdivision or public

authority may bar that person or entity convicted of such enumerated

crimes from appearing before the affected public office, agency or

public official of the state, or any such political subdivision or

public authority in any professional or representative capacity. Such

bar shall be for a period of five years from the date of judgment for

such conviction.

Receiving bribes by members of legislature. A member of either

of the houses composing the legislature of this state, or a person

elected to become a member thereof, who asks, receives, or agrees to

receive any bribe upon any understanding that his official vote,

opinion, judgment or action shall be influenced thereby, or shall be

given in any particular manner or upon any particular side of any

question or matter upon which he may be required to act in his official

capacity, shall be guilty of a class D felony.

Unlawful fees and payments. A member of the legislature or any

officer or employee of the legislature who asks or receives or consents

or agrees to receive any emolument, gratuity or reward or any promise of

emolument, gratuity or reward or any money, property or thing of value

or of personal advantage, except such as may be authorized by law, for

doing or omitting to do any official act, or for performing or omitting

to perform any act whatsoever directly or indirectly related to any

matter in respect to which any duty or discretion is by or in pursuance

of law imposed upon or vested in him, or may be exercised by him by

virtue of his office, or appointment or employment or his actual

relation to the matter including, without limiting the generality of the

foregoing, approving or promoting the passage of legislation or

resolutions or the confirmation of appointees, or the conduct of

investigations, and a person who shall directly or indirectly offer or

make such a transfer to any member of the legislature or any officer or

employee of the legislature shall be guilty of a felony punishable by

imprisonment for not more than ten years or by a fine of not more than

five thousand dollars, or both.

Members of the legislature liable to forfeiture of office. The

conviction of a member of the legislature or any officer or employee of

the legislature of any of the crimes defined in sections seventy-five,

seventy-six or seventy-seven of this chapter, shall involve as a

consequence in addition to the punishment provided in any such section a

forfeiture of his office; and shall disqualify him from ever afterwards

holding any office under this state.

Certification of members, officers and employees. On or before

the tenth day after any member, officer or employee commences the

performance of his duties as such, he shall file, with the secretary of

the senate, if a member, officer or employee of that house, or with the

clerk of the assembly, if a member, officer or employee of that house,

or with the secretary of state if an officer or employee of a state

agency, a certificate acknowledging receipt of a copy of sections

seventy-three, seventy-three-a, seventy-four, seventy-five, seventy-six,

seventy-seven and seventy-eight of this chapter together with such other

material as the secretary of the senate, the clerk of the assembly or

the secretary of state may prepare related thereto, that he has read the

same and undertakes to conform to the provisions, purposes and intent

thereof and to the norms of conduct for members, officers and employees

of the legislature and state agencies.

Fine in certain cases. Where an officer or a member of a board

or other body has without just cause refused or neglected to perform a

public duty enjoined upon him by a special provision of law, a court may

impose a fine, not exceeding two hundred fifty dollars, upon the officer

or member who has so refused or neglected, to be paid into the treasury

of the state.

Delivery of books and papers, money and property. A public

officer shall demand from his predecessor in office or any person in

whose possession they may be, a delivery to such officer of all books

and papers, money and property belonging or appertaining to such office.

If such demand is refused, such officer may make complaint thereof to

any justice of the supreme court of the district, or to the county judge

of the county in which the person refusing resides. If such justice or

judge be satisfied that such books or papers, money and property are

withheld, he shall grant an order directing the person refusing to show

cause before him at a time specified therein, why he should not deliver

the same. At such time, or at any time to which the matter may be

adjourned, on proof of the due service of the order, such justice or

judge shall proceed to inquire into the circumstances. If the person

charged with withholding such books or papers, money and property makes

affidavit before such justice or judge that he has delivered to the

officer all books and papers, money and property in his custody which,

within his knowledge, or to his belief belong or appertain thereto, such

proceedings before such justice or judge shall cease, and such person be

discharged. If the person complained against shall not make such oath,

and it appears that any such books or papers, money and property are

withheld by him, such justice or judge shall commit him to the county

jail until he delivers such books and papers, money and property, or is

otherwise discharged according to law. On such commitment, such justice

or judge, if required by the complainant, shall also issue his warrant

directed to any sheriff or constable, commanding him to search, in the

daytime, the places designated therein, for such books and papers, money

and property, and to bring them before such justice or judge. If any

such books and papers, money and property, are brought before him by

virtue of such warrant, he shall determine whether they appertain to

such office, and if so shall cause them to be delivered to the

complainant.

Legislative declaration. The legislature hereby finds that a

free society is maintained when government is responsive and responsible

to the public, and when the public is aware of governmental actions. The

more open a government is with its citizenry, the greater the

understanding and participation of the public in government.

As state and local government services increase and public problems

become more sophisticated and complex and therefore harder to solve, and

with the resultant increase in revenues and expenditures, it is

incumbent upon the state and its localities to extend public

accountability wherever and whenever feasible.

The people's right to know the process of governmental decision-making

and to review the documents and statistics leading to determinations is

basic to our society. Access to such information should not be thwarted

by shrouding it with the cloak of secrecy or confidentiality.

The legislature therefore declares that government is the public's

business and that the public, individually and collectively and

represented by a free press, should have access to the records of

government in accordance with the provisions of this article.

Short title. This article shall be known and may be cited as the

"Freedom of Information Law."

Definitions. As used in this article, unless the context

requires otherwise:

1. "Judiciary" means the courts of the state, including any municipal

or district court, whether or not of record.

2. "State legislature" means the legislature of the state of New York,

including any committee, subcommittee, joint committee, select

committee, or commission thereof.

3. "Agency" means any state or municipal department, board, bureau,

division, commission, committee, public authority, public corporation,

council, office or other governmental entity performing a governmental

or proprietary function for the state or any one or more municipalities

thereof, except the judiciary or the state legislature.

4. "Record" means any information kept, held, filed, produced or

reproduced by, with or for an agency or the state legislature, in any

physical form whatsoever including, but not limited to, reports,

statements, examinations, memoranda, opinions, folders, files, books,

manuals, pamphlets, forms, papers, designs, drawings, maps, photos,

letters, microfilms, computer tapes or discs, rules, regulations or

codes.

5. "Critical infrastructure" means systems, assets, places or things,

whether physical or virtual, so vital to the state that the disruption,

incapacitation or destruction of such systems, assets, places or things

could jeopardize the health, safety, welfare or security of the state,

its residents or its economy.

6. "Law enforcement disciplinary records" means any record created in

furtherance of a law enforcement disciplinary proceeding, including, but

not limited to:

(a) the complaints, allegations, and charges against an employee;

(b) the name of the employee complained of or charged;

(c) the transcript of any disciplinary trial or hearing, including any

exhibits introduced at such trial or hearing;

(d) the disposition of any disciplinary proceeding; and

(e) the final written opinion or memorandum supporting the disposition

and discipline imposed including the agency's complete factual findings

and its analysis of the conduct and appropriate discipline of the

covered employee.

7. "Law enforcement disciplinary proceeding" means the commencement of

any investigation and any subsequent hearing or disciplinary action

conducted by a law enforcement agency.

8. "Law enforcement agency" means a police agency or department of the

state or any political subdivision thereof, including authorities or

agencies maintaining police forces of individuals defined as police

officers in section 1.20 of the criminal procedure law, a sheriff's

department, the department of corrections and community supervision, a

local department of correction, a local probation department, a fire

department, or force of individuals employed as firefighters or

firefighter/paramedics.

9. "Technical infraction" means a minor rule violation by a person

employed by a law enforcement agency as defined in this section as a

police officer, peace officer, or firefighter or firefighter/paramedic,

solely related to the enforcement of administrative departmental rules

that (a) do not involve interactions with members of the public, (b) are

not of public concern, and (c) are not otherwise connected to such

person's investigative, enforcement, training, supervision, or reporting

responsibilities.

10. "Retiree" means a former officer or employee of an agency, the

state legislature, or the judiciary who was a member of a public

retirement system of the state, as such term is defined in subdivision

twenty-three of section five hundred one of the retirement and social

security law and is receiving, or entitled to receive, a benefit from

such public retirement system.

11. "Beneficiary" means a person designated by a member or retiree of

a public retirement system of the state to receive retirement or death

benefits following the death of the member or retiree.

Access to agency records. 1. (a) Within sixty days after the

effective date of this article, the governing body of each public

corporation shall promulgate uniform rules and regulations for all

agencies in such public corporation pursuant to such general rules and

regulations as may be promulgated by the committee on open government in

conformity with the provisions of this article, pertaining to the

administration of this article.

(b) Each agency shall promulgate rules and regulations, in conformity

with this article and applicable rules and regulations promulgated

pursuant to the provisions of paragraph (a) of this subdivision, and

pursuant to such general rules and regulations as may be promulgated by

the committee on open government in conformity with the provisions of

this article, pertaining to the availability of records and procedures

to be followed, including, but not limited to:

i. the times and places such records are available;

ii. the persons from whom such records may be obtained, and

iii. except when a different fee is otherwise prescribed by statute:

(1) the fees for paper copies of records shall not exceed twenty-five

cents per photocopy not in excess of nine inches by fourteen inches, or

the actual cost of reproducing any other record in accordance with the

provisions of paragraph (c) of this subdivision.

(2) In the case where an identical record has been prepared for a

previous request within the past 6 months and an electronic copy is

available, an agency shall not charge a fee for the reproduction of such

record, except for the actual cost of a storage device or media if one

is provided to the requester in complying with such request.

(c) In determining the actual cost of reproducing a record, an agency

may include only:

i. an amount equal to the hourly salary attributed to the lowest paid

agency employee who has the necessary skill required to prepare a copy

of the requested record;

ii. the actual cost of the storage devices or media provided to the

person making the request in complying with such request;

iii. the actual cost to the agency of engaging an outside professional

service to prepare a copy of a record, but only when an agency's

information technology equipment is inadequate to prepare a copy, if

such service is used to prepare the copy; and

iv. preparing a copy shall not include search time or administrative

costs, and no fee shall be charged unless at least two hours of agency

employee time is needed to prepare a copy of the record requested. A

person requesting a record shall be informed of the estimated cost of

preparing a copy of the record if more than two hours of an agency

employee's time is needed, or if an outside professional service would

be retained to prepare a copy of the record.

2. Each agency shall, in accordance with its published rules, make

available for public inspection and copying all records, except those

records or portions thereof that may be withheld pursuant to the

exceptions of rights of access appearing in this subdivision. A denial

of access shall not be based solely on the category or type of such

record and shall be valid only when there is a particularized and

specific justification for such denial. Each agency shall, in accordance

with its published rules, make available for public inspection and

copying all records, except that such agency may deny access to records

or portions thereof that:

(a) are specifically exempted from disclosure by state or federal

statute;

(b) if disclosed would constitute an unwarranted invasion of personal

privacy under the provisions of subdivision two of section eighty-nine

of this article;

(c) if disclosed would impair present or imminent contract awards or

collective bargaining negotiations;

(d) are trade secrets or are submitted to an agency by a commercial

enterprise or derived from information obtained from a commercial

enterprise and which if disclosed would cause substantial injury to the

competitive position of the subject enterprise;

(e) are compiled for law enforcement purposes only to the extent that

disclosure would:

i. interfere with law enforcement investigations or judicial

proceedings, provided however, that any agency, which is not conducting

the investigation that the requested records relate to, that is

considering denying access pursuant to this subparagraph shall receive

confirmation from the law enforcement or investigating agency conducting

the investigation that disclosure of such records will interfere with an

ongoing investigation;

ii. deprive a person of a right to a fair trial or impartial

adjudication;

iii. identify a confidential source or disclose confidential

information relating to a criminal investigation; or

iv. reveal criminal investigative techniques or procedures, except

routine techniques and procedures;

(f) if disclosed could endanger the life or safety of any person;

(g) are inter-agency or intra-agency materials which are not:

i. statistical or factual tabulations or data;

ii. instructions to staff that affect the public;

iii. final agency policy or determinations;

iv. external audits, including but not limited to audits performed by

the comptroller and the federal government; or

(h) are examination questions or answers which are requested prior to

the final administration of such questions.

(i) if disclosed, would jeopardize the capacity of an agency or an

entity that has shared information with an agency to guarantee the

security of its information technology assets, such assets encompassing

both electronic information systems and infrastructures; or

* (j) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-a of

the vehicle and traffic law.

* NB Repealed December 1, 2027

* (k) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-b of

the vehicle and traffic law.

* NB Repealed December 1, 2029

* (k) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-b of

the vehicle and traffic law.

* NB Repealed December 1, 2029

* (l) are photographs, microphotographs, videotape or other recorded

images produced by a bus lane photo device prepared under authority of

section eleven hundred eleven-c of the vehicle and traffic law.

* NB Repealed July 1, 2028

* (m) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-b

of the vehicle and traffic law.

* NB Repealed July 1, 2030

* (n) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-d of

the vehicle and traffic law.

* NB Repealed December 1, 2029

* (o) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-e of

the vehicle and traffic law.

* NB Repealed December 1, 2029

(p) are data or images produced by an electronic toll collection

system under authority of article forty-four-C of the vehicle and

traffic law and in title three of article three of the public

authorities law.

* (q) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred seventy-four-a

of the vehicle and traffic law.

* NB Repealed December 1, 2029

* (r) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-e

of the vehicle and traffic law.

* NB There are 3 par (r)'s

* NB Repealed October 6, 2031

* (r) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-f of

the vehicle and traffic law.

* NB There are 3 par (r)'s

* NB Repealed December 1, 2031

* (r) are photographs, microphotographs, videotape or other recorded

images or information and data prepared under authority of section three

hundred eighty-five-a of the vehicle and traffic law.

* NB There are 3 par (r)'s

* NB Repealed December 1, 2030

* (s) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-c-one

of the vehicle and traffic law.

* NB There are 3 par (s)'s

* NB Repealed July 1, 2028

* (s) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-g of

the vehicle and traffic law.

* NB There are 3 par (s)'s

* NB Repealed October 28, 2028

* (s) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eighty-f of

the vehicle and traffic law.

* NB There are 3 par (s)'s

* NB Repealed December 31, 2028

* (t) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-f

of the vehicle and traffic law.

* NB There are 2 par (t)'s

* NB Repealed December 31, 2028

* (t) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-g of

the vehicle and traffic law.

* NB There are 2 par (t)'s

* NB Repealed December 1, 2027

* (u) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-g

of the vehicle and traffic law.

* NB Repealed December 31, 2029

* NB There are 2 par (u)'s

* (u) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-h of

the vehicle and traffic law.

* NB Repealed December 1, 2029

* NB There are 2 par (u)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-i of

the vehicle and traffic law.

* NB Repealed December 1, 2030

* NB There are 5 par (v)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eighty-h of

the vehicle and traffic law.

* NB Repealed December 1, 2031

* NB There are 5 par (v)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-h

of the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 5 par (v)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-h

of the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 5 par (v)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-i of

the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 5 par (v)'s

* (w) is information or data, regardless of form, created, collected,

recorded, or otherwise captured by an intelligent speed assistance

device installed and maintained pursuant to the authority of section

sixteen hundred forty-two-b of the vehicle and traffic law.

* NB Effective May 26, 2027

* NB Repealed July 1, 2032

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-c

of the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-j of

the vehicle and traffic law.

* NB Repealed December 1, 2031

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-j of

the vehicle and traffic law.

* NB Repealed December 1, 2030

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Repealed December 31, 2031

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Repealed December 31, 2031

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-j of

the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-j of

the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Repealed December 31, 2031

* NB There are 9 par (w)'s

* (x) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Repealed December 31, 2031

* NB There are 3 par (x)'s

* (x) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Repealed December 31, 2031

* NB There are 3 par (x)'s

* (x) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Repealed December 31, 2031

* NB There are 3 par (x)'s

3. Each agency shall maintain:

(a) a record of the final vote of each member in every agency

proceeding in which the member votes;

(b) a record setting forth the name, public office address, title and

salary of every officer or employee of the agency; and

(c) a reasonably detailed current list by subject matter of all

records in the possession of the agency, whether or not available under

this article. Each agency shall update its subject matter list annually,

and the date of the most recent update shall be conspicuously indicated

on the list. Each state agency as defined in subdivision four of this

section that maintains a website shall post its current list on its

website and such posting shall be linked to the website of the committee

on open government. Any such agency that does not maintain a website

shall arrange to have its list posted on the website of the committee on

open government.

4. (a) Each state agency which maintains records containing trade

secrets, to which access may be denied pursuant to paragraph (d) of

subdivision two of this section, shall promulgate regulations in

conformity with the provisions of subdivision five of section

eighty-nine of this article pertaining to such records, including, but

not limited to the following:

(1) the manner of identifying the records or parts;

(2) the manner of identifying persons within the agency to whose

custody the records or parts will be charged and for whose inspection

and study the records will be made available;

(3) the manner of safeguarding against any unauthorized access to the

records.

(b) As used in this subdivision the term "agency" or "state agency"

means only a state department, board, bureau, division, council or

office and any public corporation the majority of whose members are

appointed by the governor.

(c) Each state agency that maintains a website shall post information

related to this article and article six-A of this chapter on its

website. Such information shall include, at a minimum, contact

information for the persons from whom records of the agency may be

obtained, the times and places such records are available for inspection

and copying, and information on how to request records in person, by

mail, and, if the agency accepts requests for records electronically, by

e-mail. This posting shall be linked to the website of the committee on

open government.

4-a. A law enforcement agency responding to a request for law

enforcement disciplinary records as defined in section eighty-six of

this article shall redact any portion of such record containing the

information specified in subdivision two-b of section eighty-nine of

this article prior to disclosing such record under this article.

4-b. A law enforcement agency responding to a request for law

enforcement disciplinary records, as defined in section eighty-six of

this article, may redact any portion of such record containing the

information specified in subdivision two-c of section eighty-nine of

this article prior to disclosing such record under this article.

5. (a) An agency shall provide records on the medium requested by a

person, if the agency can reasonably make such copy or have such copy

made by engaging an outside professional service. Records provided in a

computer format shall not be encrypted.

(b) No agency shall enter into or renew a contract for the creation or

maintenance of records if such contract impairs the right of the public

to inspect or copy the agency's records.

6. All agencies subject to the requirements of this article shall

develop a policy regarding providing a notification to public employees

in the event that the agency is responding to a request for such

employee's disciplinary records.

Access to state legislative records. 1. The temporary president

of the senate and the speaker of the assembly shall promulgate rules and

regulations for their respective houses in conformity with the

provisions of this article, pertaining to the availability, location and

nature of records, including, but not limited to:

(a) the times and places such records are available;

(b) the persons from whom such records may be obtained;

(c) the fees for copies of such records, which shall not exceed

twenty-five cents per photocopy not in excess of nine inches by fourteen

inches, or the actual cost of reproducing any other record, except when

a different fee is otherwise prescribed by law.

2. The state legislature shall, in accordance with its published

rules, make available for public inspection and copying:

(a) bills and amendments thereto, fiscal notes, introducers' bill

memoranda, resolutions and amendments thereto, and index records;

(b) messages received from the governor or the other house of the

legislature, and home rule messages;

(c) legislative notification of the proposed adoption of rules by an

agency;

(d) transcripts or minutes, if prepared, and journal records of public

sessions including meetings of committees and subcommittees and public

hearings, with the records of attendance of members thereat and records

of any votes taken;

(e) internal or external audits and statistical or factual tabulations

of, or with respect to, material otherwise available for public

inspection and copying pursuant to this section or any other applicable

provision of law;

(f) administrative staff manuals and instructions to staff that affect

members of the public;

(g) final reports and formal opinions submitted to the legislature;

(h) final reports or recommendations and minority or dissenting

reports and opinions of members of committees, subcommittees, or

commissions of the legislature;

(i) any other files, records, papers or documents required by law to

be made available for public inspection and copying.

(j) external audits conducted pursuant to section ninety-two of the

legislative law and schedules issued pursuant to subdivision two of

section ninety of the legislative law.

3. Each house shall maintain and make available for public inspection

and copying: (a) a record of votes of each member in every session and

every committee and subcommittee meeting in which the member votes;

(b) a record setting forth the name, public office address, title, and

salary of every officer or employee; and

(c) a current list, reasonably detailed, by subject matter of any

records required to be made available for public inspection and copying

pursuant to this section.

General provisions relating to access to records; certain cases.

The provisions of this section apply to access to all records, except as

hereinafter specified: