§ 33-11. Powers and duties of Board of Ethics., Article III. Financial Disclosure; Board of Ethics, Chapter 33. Ethics, Code of, Part I. Administrative Legislation, Code of Ordinances, New Rochelle

The Board of Ethics shall have the power to:

(1)

Adopt, amend and rescind rules and regulations to govern procedures of the Board of Ethics, which shall include, but not be limited to, the procedure whereby a person who is required to file an annual financial disclosure statement with the Board of Ethics may request an additional period of time within which to file such statement, due to justifiable cause or undue hardship. Such rules and regulations shall provide for a date beyond which in all cases of justifiable cause or undue hardship no further extension of time will be granted. The Board of Ethics may utilize or modify such rules and regulations or adopt separate rules and regulations for the purposes of Subdivision 1(d) of § 811 of the General Municipal Law.

(2)

Promulgate guidelines to assist the City Council in determining which persons hold policymaking positions for the purposes of § 811 and Subdivision 3 of § 812 of the General Municipal Law and this article.

(3)

Make available forms for annual statements of financial disclosure required to be filed pursuant to this article.

(4)

Review completed financial disclosure statements in accordance with the provisions of this article, the rules and regulations of the Board of Ethics and any local law, ordinance or Code of Ethics established by the City Council of the City of New Rochelle.

(5)

Receive complaints alleging a violation of this article or a violation of the criteria for reporting requirements established by this article, any Code of Ethics of the City of New Rochelle, local law, ordinance or resolution regarding the filing of the completed statements with the Board of Ethics.

(6)

Permit any person required to file a financial disclosure statement to request the Board of Ethics to delete from the copy thereof made available for public inspection one or more items of information, which may be deleted by the Board of Ethics upon a finding that the information which would otherwise be required to be disclosed will have no material bearing on the discharge of the reporting person's official duties. If such request for deletion is denied, the Board of Ethics, in its notification of denial, shall inform the person of his right or her right to appeal the Board's determination pursuant to the rules governing adjudicatory proceedings and appeals adopted pursuant to this article and any applicable section of the General Municipal Law. The Board of Ethics shall promulgate rules and regulations governing the issuance of written decisions in connection with appeals.

(7)

Permit any person required to file a financial disclosure statement to request an exemption from any requirement to report one or more items of information which pertain to such person's spouse or unemancipated children, which item or items may be exempted by the Board of Ethics upon a finding by the majority of the total members of the Board of Ethics without vacancy that the reporting individual's spouse, on his or her own behalf or on behalf of an unemancipated child, objects to providing the information necessary to make such disclosure and that the information which would otherwise be required to be reported will have no material bearing on the discharge of the reporting person's official duties.

(8)

Advise and assist any local official in establishing rules and regulations relating to possible conflicts between private interests and official duties of present or former elected officials, local party officials and local officers and employees.

(9)

Permit any person who has not been determined by the City Council to hold a policymaking position but who is otherwise required to file a financial disclosure statement to request an exemption from such requirement in accordance with the rules and regulations governing such exemptions. Such rules and regulations shall provide for exemptions to be granted either on the application of the individual or on behalf of persons who share the same job title or employment classification which the Board of Ethics deems to be comparable for purposes of this section. Such rules and regulations may permit the granting of an exemption where, in the discretion of the Board of Ethics, the public interest does not require disclosure and the applicant's duties do not involve the negotiation, authorization or approval of:

(a)

Contracts, leases, franchises, revocable consents, concessions, variances, special permits or licenses as defined in § 73 of the Public Officers Law;

(b)

The purchase, sale, rental or lease of real property, goods or services or a contract therefor;

(c)

The obtaining of grants of money or loans; or

(d)

The adoption or repeal of any rule or regulation having the force and effect of law.

(10)

Prepare an annual report to the City Manager and City Council summarizing the activities of the Board of Ethics and recommending changes in the laws governing the conduct of local elected officials and officers and employees of the City covered by this article.

(11)

Act as a repository for completed financial disclosure forms filed pursuant to this article.