Referred to: The Laws and Rules, Governmental Services Committee (Chairman

Roberts and Legislators Donaldson, Haynes, Heppner, and James Maloney)

Legislators Brian Woltman and Kathy Nolan offer the following:

WHEREAS, by Resolution No. 24 dated February 13, 2018, the Ulster

County Legislature established a policy to prohibit the use of public funds to place

the likeness or name of elected officials on public service announcements, noncommercial and non-political advertising by Ulster County; and

WHEREAS, Resolution No. 24 does not provide officials with clear standards

of enforcement, leaving officials to make judgments on a subjective basis; and

WHEREAS, Resolution No. 24 potentially conflicts with State of New York

Public Officers Law §73-b which provides:

1. As used in this section:

(a) “Political subdivision” shall mean a county, city, town, village or district within the state.

(b) “Public authority” shall mean a public authority or public benefit corporation created by or

existing under any law of the state, at least one of whose members is appointed by the governor

(including any subsidiaries of such public authority or public benefit corporation), other than an

interstate or international authority or public benefit corporation.

(c) “Appear” or “appears” shall mean to appear by likeness, picture or voice.

(d) “Candidate” shall have the meaning set forth in section 14-100 of the election law .

2. Notwithstanding any other provision of law to the contrary,

(a) no elected government official or candidate for elected local, state or federal office shall

knowingly appear in any advertisement or promotion, including public or community service

announcements, published or broadcast through any print or electronic media (including

television, radio and internet) by any private or commercial entity or any other entity that

publishes such advertisement for a fee, if the advertisement or promotion is paid for or produced in

whole or in part with funds of the state, a political subdivision thereof or a public authority.

(b) No person shall knowingly use the funds of the state, a political subdivision thereof or public

authority to pay for or produce, in whole or in part, any advertisement or promotion that is

prohibited by paragraph (a) of this subdivision. This prohibition shall not apply to otherwise

lawful expenditures of public campaign funds specifically provided for under state, federal or local

law.

3. Any person who violates the provisions of this section shall be liable for a civil penalty of not

less than one thousand dollars nor more than five thousand dollars. The penalties prescribed by

this subdivision may be recovered in a civil action brought by the attorney general.

; now, therefore be it

RESOLVED, Resolution No. 24 of 2018 is hereby REPEALED, effective

immediately; and, be it further

RESOLVED, that in order to be in compliance with state law, elected officers

of the County of Ulster immediately recommence following Section 73-b of the

Public Officers Law,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: NOES:

Postponed in Committee: Laws and Rules, Governmental Services on August 13,

2018

Postponed in Committee: Laws and Rules, Governmental Services on September 17,

2018

Passed Committee: Laws and Rules, Governmental Services on ____________.

FINANCIAL IMPACT:

NONE