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§ 40.42 FORM OF THE STATEMENT OF FINANCIAL INTERESTS.
   (A)   The statement of financial interests shall be filed on a form prescribed by the Board of Ethics or the administrative official designated by the Board of Ethics. The Board or the designated administrative official shall deliver a copy of the form to each officer and employee required to file the statement, by first class mail or hand delivery, no later than January 3 of each year.
   (B)   The failure of the Board, or the designated administrative official, to deliver a copy of the form to any officer or employee shall not relieve the officer or employee of the obligation to file the statement.
(`96 Code, § 39.42) (Ord. 1994-13, passed 10-27-1994)
§ 40.43 CONTROL AND MAINTENANCE OF THE STATEMENTS OF FINANCIAL INTERESTS.
   The following provisions shall apply to all those required to file financial statements with the Board of Ethics.
   (A)   The Board of Ethics shall be the official custodian of the statements of financial interests and shall have control over the maintenance of the statements of financial interests. The statements of financial interests shall be maintained by the Board of Ethics or the administrative official designated by the Board of Ethics as the custodian as public documents, available for public inspection immediately upon filing.
   (B)   A statement of financial interests shall be retained by the Board or the designated administrative official for a period of five years after filing; provided that, upon the expiration of three years after a person ceases to be an officer or employee of the city or a city agency, the Board shall cause to be destroyed any statements of financial interests or copies of those statements filed by the person.
(`96 Code, § 39.43) (Ord. 1994-13, passed 10-27-1994)
§ 40.44 CONTENTS OF THE FINANCIAL INTERESTS STATEMENT.
   The following provisions shall apply to the financial interest statements filed.
   (A)   The statement of financial interests shall include the following information for the preceding calendar year:
      (1)   The name, current business address, business telephone and home phone address of the filer;
      (2)   The title of the filer’s office or position of employment;
      (3)   The occupation of the filer and filer’s spouse;
      (4)   Information that identifies each source of income of the filer exceeding $5,000 during the preceding calendar year and the nature of the income (e.g., salary, commission, dividends, retirement fund distribution and the like);
      (5)   The name and address of any business located within the state in which the filer had at any time during the preceding calendar year an interest of $10,000 at fair market value or 5% ownership interest or more;
      (6)   The name and address of any business located outside of the state, if the business has engaged in any business transactions with the city during the past three years, or which is anticipated to engage in any business transactions with the city, in which the filer had, at any time during the preceding calendar year, an interest of $10,000 at fair market value or 5% ownership or more;
      (7)   Each source by name and address of gifts of honoraria having an aggregate fair market value of $100 or more from any single source, excluding gifts received from family members, received by the filer during the preceding calendar year; and
      (8)   The name and address of any creditor owed more than $10,000, except debts arising from the purchase of a primary residence or the purchase of consumer goods which are bought or used primarily for person, family or household purposes.
   (B)   Nothing in this section shall be construed to require any officer or employee to disclose any specific dollar amounts nor the names of individual clients or customers of businesses listed as sources of income.
(`96 Code, § 39.44) (Ord. 1994-13, passed 10-27-1994)
§ 40.45 NONCOMPLIANCE WITH FILING REQUIREMENT.
   The Board of Ethics or the designated administrative official shall notify, by certified mail, each person required to file a statement of financial interests who fails to file the statement by the due date, files an incomplete statement or files a statement in a form other than that prescribed by the Board. The notice shall specify the type of failure or delinquency, shall establish a date by which the failure or delinquency shall be remedied and shall advise the person of the penalties for a violation.
(`96 Code, § 39.45) (Ord. 1994-13, passed 10-27-1994) Penalty, see § 40.99
§ 40.99 PENALTY.
   (A)   Except when another penalty is specifically set forth in this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall be deemed guilty of a civil offense and may be subject to a civil fine imposed by the Board of Ethics not to exceed $1,000, which may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time.
   (B)   In addition to all other penalties which may be imposed under this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall forfeit to the city or the city agency an amount equal to the economic benefit or gain which the officer or employee is determined by the Board to have realized as a result of the violation. The amount of any forfeiture may be recovered by the city in a civil action in the nature of debt, if the offender fails to pay the amount of the forfeiture within a prescribed period of time.
   (C)   In addition to all other penalties which may be imposed under this chapter, a finding by the Board of Ethics that an officer or employee of the city or any city agency is guilty of a violation of this chapter shall be sufficient cause for removal, suspension, demotion or other disciplinary action by the Mayor or city agency, or by any other officer or agency having the power of removal or discipline. Any action to remove or discipline any officer or employee for a violation of this chapter shall be taken in accordance with all applicable ordinances and regulations of the city and all applicable laws of the commonwealth.
   (D)   (1)   Any person who fails or refuses to file the statement or who fails or refuses to remedy a deficiency in the filing identified in the notice under division (A) of this section within the time period established in the notice shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Board in an amount not to exceed $25 per day, up to a maximum total civil fine of $500. Any civil fine imposed by the Board under this section may be recovered by the city in a civil action in the nature of debt if the offender fails or refuses to pay the penalty within a prescribed period of time.
      (2)   Any person who intentionally files a statement of financial interests which he or she knows to contain false information or intentionally omits required information shall be guilty of a Class A misdemeanor.
(`96 Code, § 39.99) (Ord. 1994-13, passed 10-27-1994)