§ 802 — Exceptions

New York § 802

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 18: Conflicts of Interest of Municipal Officers and Employees

Text

§ 802. Exceptions. The provisions of section eight hundred one of this\nchapter shall not apply to:\n 1. a. The designation of a bank or trust company as a depository,\npaying agent, registration agent or for investment of funds of a\nmunicipality except when the chief fiscal officer, treasurer, or his\ndeputy or employee, has an interest in such bank or trust company;\nprovided, however, that where designation of a bank or trust company\noutside the municipality would be required because of the foregoing\nrestriction, a bank or trust company within the municipality may\nnevertheless be so designated;\n b. A contract with a person, firm, corporation or association in which\na municipal officer or employee has an interest which is prohibited\nsolely by reason of employment as an officer or employee thereof, if the\nremuneration of such employment will not be directly affected as a\nresult of such contract and the duties of such employment do not\ndirectly involve the procurement, preparation or performance of any part\nof such contract;\n c. The designation of a newspaper, including but not limited to an\nofficial newspaper, for the publication of any notice, resolution,\nordinance or other proceeding where such publication is required or\nauthorized by law;\n d. The purchase by a municipality of real property or an interest\ntherein, provided the purchase and the consideration therefor is\napproved by order of the supreme court upon petition of the governing\nboard;\n e. The acquisition of real property or an interest therein, through\ncondemnation proceedings according to law;\n f. A contract with a membership corporation or other voluntary\nnon-profit corporation or association including, but not limited to,\nrural electric cooperatives. For purposes of this paragraph, the term\n"rural electric cooperative" shall have the same meaning as the term\n"cooperative" as defined in subdivision (a) of section two of the rural\nelectric cooperative law;\n g. The sale of bonds and notes pursuant to section 60.10 of the local\nfinance law;\n h. A contract in which a municipal officer or employee has an interest\nif such contract was entered into prior to the time he was elected or\nappointed as such officer or employee, but this paragraph shall in no\nevent authorize a renewal of any such contract;\n i. Employment of a duly licensed physician as school physician for a\nschool district upon authorization by a two-thirds vote of the board of\neducation of such school district, notwithstanding the fact that such\nphysician shall have an interest, as defined in section eight hundred\none of this chapter, in such employment.\n j. Purchases or public work by a municipality, other than a county,\nlocated wholly or partly within a county with a population of two\nhundred thousand or less pursuant to a contract in which a member of the\ngoverning body or board has a prohibited interest, where:\n (1) the member of the governing body or board is elected and serves\nwithout salary;\n (2) the purchases, in the aggregate, are less than five thousand\ndollars in one fiscal year and the governing body or board has followed\nits procurement policies and procedures adopted in accordance with the\nprovisions of section one hundred four-b of this chapter and the\nprocurement process indicates that the contract is with the lowest\ndollar offer;\n (3) the contract for the purchases or public work is approved by\nresolution of the body or board by the affirmative vote of each member\nof the body or board except the interested member who shall abstain.\n 2. a. A contract with a corporation in which a municipal officer or\nemployee has an interest by reason of stockholdings when less than five\nper centum of the outstanding stock of the corporation is owned or\ncontrolled directly or indirectly by such officer or employee;\n b. A contract for the furnishing of public utility services when the\nrates or charges therefor are fixed or regulated by the public service\ncommission;\n c. A contract for the payment of a reasonable rental of a room or\nrooms owned or leased by an officer or employee when the same are used\nin the performance of his official duties and are so designated as an\noffice or chamber;\n d. A contract for the payment of a portion of the compensation of a\nprivate employee of an officer when such employee performs part time\nservice in the official duties of the office;\n e. A contract in which a municipal officer or employee has an interest\nif the total consideration payable thereunder, when added to the\naggregate amount of all consideration payable under contracts in which\nsuch person had an interest during the fiscal year, does not exceed the\nsum of seven hundred fifty dollars.\n f. A contract with a member of a private industry council established\nin accordance with the federal job training partnership act or any firm,\ncorporation or association in which such member holds an interest,\nprovided the member discloses such interest to the council and the\nmember does not vote on the contract.\n