§ 74 — Code of ethics

New York § 74

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 4: Powers and Duties of Public Officers

Text

§ 74. Code of ethics. 1. Definition. As used in this section: The term\n"state agency" shall mean any state department, or division, board,\ncommission, or bureau of any state department or any public benefit\ncorporation or public authority at least one of whose members is\nappointed by the governor or corporations closely affiliated with\nspecific state agencies as defined by paragraph (d) of subdivision five\nof section fifty-three-a of the state finance law or their successors.\n The term "legislative employee" shall mean any officer or employee of\nthe legislature but it shall not include members of the legislature.\n 2. Rule with respect to conflicts of interest. No officer or employee\nof a state agency, member of the legislature or legislative employee\nshould have any interest, financial or otherwise, direct or indirect, or\nengage in any business or transaction or professional activity or incur\nany obligation of any nature, which is in substantial conflict with the\nproper discharge of his or her duties in the public interest.\n 3. Standards.\n a. No officer or employee of a state agency, member of the legislature\nor legislative employee should accept other employment which will impair\nhis or her independence of judgment in the exercise of his or her\nofficial duties.\n b. No officer or employee of a state agency, member of the legislature\nor legislative employee should accept employment or engage in any\nbusiness or professional activity which will require him or her to\ndisclose confidential information which he or she has gained by reason\nof his or her official position or authority.\n c. No officer or employee of a state agency, member of the legislature\nor legislative employee should disclose confidential information\nacquired by him or her in the course of his or her official duties nor\nuse such information to further his or her personal interests.\n d. No officer or employee of a state agency, member of the legislature\nor legislative employee should use or attempt to use his or her official\nposition to secure unwarranted privileges or exemptions for himself or\nherself or others, including but not limited to, the misappropriation to\nhimself, herself or to others of the property, services or other\nresources of the state for private business or other compensated\nnon-governmental purposes.\n e. No officer or employee of a state agency, member of the legislature\nor legislative employee should engage in any transaction as\nrepresentative or agent of the state with any business entity in which\nhe or she has a direct or indirect financial interest that might\nreasonably tend to conflict with the proper discharge of his or her\nofficial duties.\n f. An officer or employee of a state agency, member of the legislature\nor legislative employee should not by his or her conduct give reasonable\nbasis for the impression that any person can improperly influence him or\nher or unduly enjoy his or her favor in the performance of his or her\nofficial duties, or that he or she is affected by the kinship, rank,\nposition or influence of any party or person.\n g. An officer or employee of a state agency should abstain from making\npersonnel investments in enterprises which he or she has reason to\nbelieve may be directly involved in decisions to be made by him or her\nor which will otherwise create substantial conflict between his or her\nduty in the public interest and his or her private interest.\n h. An officer or employee of a state agency, member of the legislature\nor legislative employee should endeavor to pursue a course of conduct\nwhich will not raise suspicion among the public that he or she is likely\nto be engaged in acts that are in violation of his or her trust.\n i. No officer or employee of a state agency employed on a full-time\nbasis nor any firm or association of which such an officer or employee\nis a member nor corporation a substantial portion of the stock of which\nis owned or controlled directly or indirectly by such officer or\nemployee, should sell goods or services to any person, firm, corporation\nor association which is licensed or whose rates are fixed by the state\nagency in which such officer or employee serves or is employed.\n 4. Violations. In addition to any penalty contained in any other\nprovision of law any such officer, member or employee who shall\nknowingly and intentionally violate any of the provisions of this\nsection may be fined, suspended or removed from office or employment in\nthe manner provided by law. Any such individual who knowingly and\nintentionally violates the provisions of paragraph b, c, d or i of\nsubdivision three of this section shall be subject to a civil penalty in\nan amount not to exceed ten thousand dollars and the value of any gift,\ncompensation or benefit received as a result of such violation. Any such\nindividual who knowingly and intentionally violates the provisions of\nparagraph a, e or g of subdivision three of this section shall be\nsubject to a civil penalty in an amount not to exceed the value of any\ngift, compensation or benefit received as a result of such violation.\n