N.Y. Comp. Codes R. & Regs. tit. 22 § 7400.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 7400.5 - Public inspection of financial disclosure statements

(a) Definitions.

(1) Commission shall mean the Ethics Commission for the Unified Court System.

(2) Employee shall mean a State-paid judge, justice, officer or employee of the Unified Court System.

(3) File shall mean to make delivery to the offices of the commission personally, electronically or by mail. The filing date shall be the date the document filed is received in the offices of the commission.

(4) Financial disclosure statement shall mean the annual statement approved by the Chief Judge pursuant to subdivision 4 of section 211 of the Judiciary Law.

(5) Rule shall mean Part 40 of the Rules of the Chief Judge of the State of New York (22 NYCRR).

(b) Scope. Pursuant to section 40.1(p) of the rule, the commission shall make available for public inspection the information set forth in annual statements of financial disclosure required to be filed for the seven reporting years prior to and including the current year, except that categories of value or amount and the names of unemancipated children, and any other item of information deleted from public inspection by the commission pursuant to section 40.1(i)(6) of the rule, shall remain confidential and not available for public inspection. The commission shall also make notices of delinquency available for public inspection.

(c) Statement inspection officer.

(1) The executive director of the commission is designated as the statement inspection officer.

(2) The statement inspection officer shall:

(i) maintain a current list of financial disclosure statements available for public inspection;

(ii) respond to all inquiries regarding public inspection of financial disclosure statements;

(iii) receive and process requests for public inspection of financial disclosure statements;

(iv) insure that information deleted from public inspection pursuant to law and regulation is not made available for public inspection;

(v) maintain a schedule of copying fees;

(vi) designate one or more members of the staff of the commission to serve as assistant statement inspection officer; such assistant(s) shall have the same function and responsibilities as the statement inspection officer except as to the designation of other assistants.

(d) Public inspection of statements.

(1) Financial disclosure statements shall be available for public inspection, by appointment, at the commission office at 25 Beaver Street, New York, NY every day the office is open for business, during the hours 10:00 a.m. through 12:00 p.m. and 2:00 p.m. through 4:00 p.m. Statements may be made available for public inspection at other times at the discretion of the statement inspection officer.

(2) A person may obtain a copy of a financial disclosure statement in person, or by mail, upon the payment of copying fees. The copying fee is $.25 per statement page for each statement copy obtained in person from the commission office and an additional mailing fee of $1 for each statement copy mailed from the office. The same fees will apply to a filer's purchase of a copy of his or her own statement. The fees will be waived for all Federal, State or local government agencies and departments.

(3) The financial disclosure statement of an employee who has filed an exemption or deletion request, or whose statement has been returned for revision, shall not be available for public inspection pending a decision on the request, or the receipt of the revised statement. The fact that an exemption or deletion request has been made will be kept confidential; the record and substance of the request will also be confidential and not available for public inspection.

(4) If the commission has denied an exemption or deletion request, the financial disclosure statement of the employee who made the request shall not be available for public inspection for 21 days from the date on which notice of the denial is mailed to the employee by the commission.

(5) No documents pertaining to a request for public inspection shall be available for public inspection. The identities of public inspectors, and the fact that a statement has been inspected, are confidential and will not be made available to the public or to filers.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 7400.5