New York (State). Board of Public Disclosure

FUNCTIONS. Loosely organized within the Department of State, the Board of Public Disclosure consists of the secretary to the governor, counsel to the governor, the secretary of state, and four public members serving at the pleasure of the governor. The board receives, files, and reviews the financial disclosure statements of senior policymaking officials of state departments, divisions, and agencies. Disclosure statements are filed annually by all exempt and non-competitive officers and employees who earned $30,000 or more. The board also makes determinations on activities covered by the State Ethics Law (which prohibits certain types of conflicts of interest resulting from financial holdings or outside employment ) and has power to impose restrictions or exemptions on employees. It issues advisory opinions on these matters to the governor and may also review the financial statements of prospective employees.

ORGANIZATIONAL HISTORY. Prior to the establishment of the State Ethics Commission in 1987, and implementation of the "Ethics in Government Act" (section 73 of the Public Officers Law) in 1988, governors Carey and Cuomo issued five executive orders relating to financial disclosure. The boards resulting from the executive orders, with some differences in filing requirements, consisted of the same officials and performed the same functions as the subsequent State Ethics Commission. Governor Carey established the first Board of Public Disclosure in 1975 by Executive Order 10.

In October of 1976 Governor Carey attempted to amend his original order by requiring all executive branch, managerial, and confidential employees whose annual salary was $30,000 or more to file financial disclosure statements (Executive Order 10.1). This order was challenged and found unconstitutional by the Court of Appeals, which ruled that the filing requirements were limited to those officers and employees who served at the governor's pleasure. The governor then issued a press release stating that he would propose legislation requiring 15,000 upper level employees of the Executive Branch to file disclosure statements. This legislation was never initiated.

When the legal issues were resolved, Governor Carey issued Executive Order 10.3 (July 1981) which reconstituted the earlier board. Governor Cuomo continued this board with his Executive Order 3 (January 1983). The composition and duties of these boards were identical to the first.

Prior to the establishment of the State Ethics Commission in 1987, and implementation of the "Ethics in Government Act" (section 73 of the Public Officers Law) in 1988, governors Carey and Cuomo issued five executive orders relating to financial disclosure. The boards resulting from the executive orders, with some differences in filing requirements, consisted of the same officials and performed the same functions as the subsequent State Ethics Commission. Governor Carey established the first Board of Public Disclosure in 1975 by Executive Order 10.

In October of 1976 Governor Carey attempted to amend his original order by requiring all executive branch, managerial, and confidential employees whose annual salary was $30,000 or more to file financial disclosure statements (Executive Order 10.1). This order was challenged and found unconstitutional by the Court of Appeals, which ruled that the filing requirements were limited to those officers and employees who served at the governor's pleasure. The governor then issued a press release stating that he would propose legislation requiring 15,000 upper level employees of the Executive Branch to file disclosure statements. This legislation was never initiated.

When the legal issues were resolved, Governor Carey issued Executive Order 10.3 (July 1981) which reconstituted the earlier board. Governor Cuomo continued this board with his Executive Order 3 (January 1983). The composition and duties of these boards were identical to the first.