§ 103-B — Disqualification to contract with municipal corporations and fire districts

New York § 103-B

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 5-A: Public Contracts

Text

§ 103-b. Disqualification to contract with municipal corporations and\nfire districts. Any person who, when called before a grand jury, head\nof a state department, temporary state commission or other state agency,\nthe organized crime task force in the department of law, head of a city\ndepartment or other city agency, which is empowered to compel the\nattendance of witnesses and examine them under oath, to testify in an\ninvestigation concerning any transaction or contract had with the state,\nany political subdivision thereof, a public authority, or with a public\ndepartment, agency or official of the state or of any political\nsubdivision thereof or of a public authority, refuses to sign a waiver\nof immunity against subsequent criminal prosecution or to answer any\nrelevant question concerning such transaction or contract, and any firm,\npartnership or corporation of which he is a member, partner, director or\nofficer shall be disqualified from thereafter selling to or submitting\nbids to or receiving awards from or entering into any contracts with any\nmunicipal corporation or fire district, or with any public department,\nagency or official thereof, for goods, work or services, for a period of\nfive years after such refusal or until a disqualification shall be\nremoved pursuant to the provisions of section one hundred three-c of\nthis article.\n It shall be the duty of the officer conducting the investigation\nbefore the grand jury, the head of a state department, the chairman of\nthe temporary state commission or other state agency, the organized\ncrime task force in the department of law, the head of a city department\nor other city agency before which the refusal occurs to send notice of\nsuch refusal, together with the names of any firm, partnership or\ncorporation of which the person so refusing is known to be a member,\npartner, officer or director, to the commissioner of transportation of\nthe state of New York and the appropriate departments, agencies and\nofficials of the state, political subdivisions thereof or public\nauthorities with whom the person so refusing and any firm, partnership\nor corporation of which he is a member, partner, director or officer, is\nknown to have a contract. However, when such refusal occurs before a\nbody other than a grand jury, notice of refusal shall not be sent for a\nperiod of ten days after such refusal occurs. Prior to the expiration of\nthis ten day period, any person, firm, partnership or corporation which\nhas become liable to the cancellation or termination of a contract or\ndisqualification to contract on account of such refusal may commence a\nspecial proceeding at a special term of the supreme court, held within\nthe judicial district in which the refusal occurred, for an order\ndetermining whether the questions in response to which the refusal\noccurred were relevant and material to the inquiry. Upon the\ncommencement of such proceeding, the sending of such notice of refusal\nto answer shall be subject to order of the court in which the proceeding\nwas brought in a manner and on such terms as the court may deem just. If\na proceeding is not brought within ten days, notice of refusal shall\nthereupon be sent as provided herein.\n