A reporting individual who knowingly and willfully fails after notice
to file an annual statement of financial disclosure or who knowingly and willfully
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 article shall be assessed a civil penalty in an amount
not to exceed $10,000. Assessment of a civil penalty hereunder shall be made
by the Board of Ethics with respect to the persons subject to its jurisdiction.
For a violation of this article other than for conduct which constitutes a
violation of Subdivision 12 of § 73 of the Public Officers Law,
the Board of Ethics may, in lieu of a civil penalty, refer a violation to
the appropriate prosecutor and, upon conviction after such a referral, violation
shall be punishable as a Class A misdemeanor. A civil penalty for false filing
may not be imposed hereunder in the event that a category of value or amount
reported hereunder is incorrect unless such reported information is falsely
understated. Notwithstanding any other provision of this article 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 City Council of the
City of New Rochelle may impose disciplinary action as otherwise provided
by law. The Board of Ethics shall be deemed to be an agency within the meaning
of Article 3 of the State Administrative Procedure Act and shall adopt rules
governing the conduct of adjudicatory proceedings and appeals relating to
the assessment of 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 3, but such mechanisms need not be identical
in terms of scope. Assessment of a civil penalty shall be final unless modified,
suspended or vacated within 30 days of imposition with respect to the assessment
of such penalty and upon becoming final shall be subject to review at the
instance of the affected reporting individuals in a proceeding commenced against
the Board of Ethics pursuant to Article 78 of the Civil Practice Law and Rules.
var val = document.getElementById('citecontent').innerHTML;
art.dialog.defaults.title = window.location.href;
art.dialog.data('cite', val);
art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');
