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Ethics

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1. What is the Board of Ethics ("OCBE")?

The purpose of the OCBE is to ensure County officers and employees adhere to Local Law No. 9 of 2018, entitled the Orange County Ethics and Disclosure Law and known as the “County Ethics Law”. The County Ethics Law states, “Officers and employees of the County of Orange hold their positions to serve and benefit the public and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties. 

 The OCBE is comprised of 7 members appointed by the County Executive and confirmed by the Orange County Legislature. The major responsibilities of the OCBE are:  

• rendering Advisory Opinions to County officers and employees regarding ethics and conflicts of interest under the County Ethics Law;
• receiving and acting on complaints/allegations from the general public, County officers or employees;
• reviewing all Annual Statement of Financial Disclosure forms (“Disclosure Forms”); and
• administering all provisions of the County Ethics Law.

2. What are the requirements to be an OCBE member?

All Board members must both reside and be eligible to vote in Orange County.  No member shall hold the office of Chair, First Vice Chair, Second Vice Chair, Secretary, or Sargent at Arms in a federal, state or Orange County political party.

3. Who are the current members of the OCBE?

The current members of the OCBE are:

•    Dr. Paul K. Johnson, Chair 
•    Marcus Horrego, Sr.
•    Judge Jeffrey G. Berry - Retired
•    Daniel B. Clarino
•    Gordon L. Dean
•    Melissa Bonacic

4. Are the Board meetings open to the public?

Yes.  The meetings are open to the public, although certain matters may be discussed in a closed Executive Session.

5. Who can report a violation of the County Ethics Law?

The OCBE may accept a complaint or allegation of conflict of interest regarding any County officer or employee from a member of the OCBE, anyone in the general public, or any County officer or employee.

6. How do I report a violation or inquiry to the OCBE?

All complaints, requests for Advisory Opinions or any other inquiries by the public, County employees or appointees must be in writing and be signed. In accordance with the County Ethics Law, no verbal or anonymous requests or complaints will be considered by the OCBE and no action will be taken to follow up on such matters. All requests for Advisory Opinions and other inquiries by County officers or employees shall be fully explained in writing and signed.  All written and signed complaints of potential violations of the County Ethics Law, shall be filed on a Complaint Form and contain as much detail as possible.

7. Will my inquiry/report of violation be kept confidential?

All complaints or allegations of a conflict of interest or violation of the County Ethics Law are kept in the confidential records of the OCBE, unless made public by the OCBE after there has been a determination that there has been a violation. In addition, a Court may order a complaint or allegation to be unsealed.

8. What is a gift or “financial benefit”?

The County Ethics Law defines a gift as any gift having a value of $75 or more in any 12-month consecutive period from the same individual or entity. A “gift” of “financial benefit” includes, but is not limited to; any money, service, loan, travel, lodging, meals, refreshments, entertainment, discount, forbearance, or promise, having a monetary value. 

A “gift” and “financial benefit” does not include campaign contributions authorized by law.

Excluded Items:

Items or services excluded by Section 6.F.(2) of the County Ethics Law include, but are not limited to: 

• Gifts from family members, members of the same household or friends;
• Complimentary attendance, including food and beverages at a charitable or political event;
• County approved reimbursement for travel, meals and accommodations for food or beverages valued at twenty dollars or less;
• Payment for attendance by any for-profit or non-profit association or organization whereby the County officer or employee receives professional training or assistance directly related to their position or duties;
• Awards and plaques;
• Honorary degrees; and
• Goods, services or discounts offered to the general public. 

9. What is confidential information and can County employees and officers disclose such information?

Confidential information is information acquired in the course of official duties or otherwise that is not subject to the New York State Freedom of Information Law.

10. What is a conflict of interest?

A conflict of interest exists when an County officer or employee knowingly acquires, solicits, negotiates for, or accepts any interest, employment or anything of value which would put them in violation of the County Ethics Law, including but not limited to solicitation of employment with a County contractor for themselves, their spouse, a child, or a member of the household if that individual has discretion to award a contract to such contractor or has the authority to appropriate money for such specific contract.

To determine if a potential conflict of interest exists (or with respect to a particular employee) an Advisory Opinion should be sought from the OCBE, prior to engaging in the questioned conduct. 

11. Can County employees and officers seek or accept private employment?

County officers and employees shall not engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests when such employment or services creates a conflict or impairs the proper discharge of his or her official duties.

12. What do I do if I am not sure if working a part time job creates a conflict or impairs the proper discharge of my official duties?

All employees and officers can and should seek an Advisory Opinion from the OCBE. They are there to help you.

13. Are there restrictions on future employment?

Yes. No County officer or employee responsible for appropriating funds for the effectuation of, or negotiating or authorizing a contract may ask for, pursue or accept a private post-government employment opportunity with any person or entity who actually received such contract for a period of two years after ceasing to be an officer or employee of Orange County.

14. Are there any exceptions to this rule?

Yes. This restriction may be waived by the OCBE upon a finding, based upon clear and convincing evidence, that an appropriator, negotiating or contracting person, on behalf of the County, had no direct involvement with the selection of the contractor or that the involvement was limited to issuing an approval of or appropriation for a recommended contractor that the approver or appropriator was not otherwise involved with the selection.

A Waiver Form, which is available on the OCBE’s website, should be filed by the County officer or employee prior to accepting future employment to ensure there is no conflict of interest.

15. What are the penalties for violating the COUNTY ETHICS LAW?

• Civil Penalties: The OCBE may impose civil penalties in an amount not to exceed $10,000 or the value of any financial benefit obtained by the violator or the spouse, child, or member of the household, whichever is greater.
• Criminal Penalties: The OCBE 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.
• Disciplinary Action: Any County officer or employee who violates any provisions of the County Ethics Law may be warned, reprimanded, suspended or removed from office or employment, and/or be subject to any other sanction authorized by law or collective bargaining agreement by the appointing authority or body authorized by law to impose such sanctions. A warning, reprimand, suspension, removal or other authorized sanction may be imposed in addition to any other penalty contained in the County Ethics Law.

  
  

16. Who must file an Annual Statement of Financial Disclosure Form?

1. County officers, employees and contractors. 
   Disclosure Forms shall be filed by all elected County officials; department heads, their deputies and those County employees, as determined by the County Executive upon recommendation of the department head, who have the authority for policy-making and/or appropriating decisions, employees of contractors who have the authority for policy making decisions; including but not limited to the list of titles and contractors appended to the County Ethics Law which may be amended from time to time. 
   If the individual has been in the position for a minimum of one day during the previous calendar year, even if they no longer hold that position, they shall still be required to file an Annual disclosure statement.
2. County political party officials, if such person received compensation or reimbursement of expenses from a constituted committee or political committee funds during the reporting period aggregating a combined total of $30,000 or more.
3. Any person who shall become a candidate for the office of any elected official of Orange County.

17. Where can I find a Disclosure form?

Disclosure Forms are available on the OCBE’s website.  Forms are generally sent by the OCBE to those individuals required to file, by end of February of the following year. For example, 2023 Disclosure Forms will be sent out by the end of February 2024. 

18. When do I need to file?

• Disclosure Forms must be filed by no later than May 1st of each calendar year;
• Within 60 days of taking office; or
• For candidates for County offices, within 7 days after the filing of the nominating petitions of said candidate.

  
  

19. Where do I send my Disclosure Form?

Disclosure Forms shall be filed with:

Orange County Board of Ethics
40 Matthews Street, Suite 101
Goshen, New York 10924
Attention: Confidential Secretary

Completed forms may also be emailed to: boardofethics@orangecountygov.com 

20. Is my Disclosure Form subject to the New York State Freedom Of Information Law ("FOIL")?

Yes, but with redactions.

All Disclosure Forms filed by County elected officials (County Executive, Sheriff, District Attorney, County Clerk and Legislators) will be posted on the OCBE website with redactions. All other filed Disclosure Forms will be available to the public for inspection and photocopying in accordance with FOIL.

What will be redacted: Prior to public disclosure, the following personal information will be redacted: your address, phone number, email address, the names of your minor children, the signature of the filer and notary and any other relevant information the BOE deems necessary or appropriate.