NY Gen Mun L § 802 (2021)
2021 New York Laws GMU - General Municipal Article 18 - Conflicts of Interest of Municipal Officers and Employees 802 - Exceptions.

§ 802. Exceptions. The provisions of section eight hundred one of this chapter shall not apply to:   1.  a.  The  designation  of  a bank or trust company as a depository, paying agent, registration  agent  or  for  investment  of  funds  of  a municipality  except  when  the  chief fiscal officer, treasurer, or his deputy or employee, has an interest  in  such  bank  or  trust  company; provided,  however,  that  where  designation of a bank or trust company outside the municipality would be  required  because  of  the  foregoing restriction,  a  bank  or  trust  company  within  the  municipality may nevertheless be so designated;   b. A contract with a person, firm, corporation or association in which a municipal officer or employee has  an  interest  which  is  prohibited solely by reason of employment as an officer or employee thereof, if the remuneration  of  such  employment  will  not  be directly affected as a result of such contract  and  the  duties  of  such  employment  do  not directly involve the procurement, preparation or performance of any part of such contract;   c.  The  designation  of  a newspaper, including but not limited to an official newspaper, for  the  publication  of  any  notice,  resolution, ordinance  or  other  proceeding  where  such publication is required or authorized by law;   d. The purchase by a municipality of  real  property  or  an  interest therein,  provided  the  purchase  and  the  consideration  therefor  is approved by order of the supreme court upon petition  of  the  governing board;   e.  The  acquisition  of real property or an interest therein, through condemnation proceedings according to law;   f. A  contract  with  a  membership  corporation  or  other  voluntary non-profit  corporation  or  association  including, but not limited to, rural electric cooperatives. For purposes of this  paragraph,  the  term "rural  electric  cooperative"  shall  have the same meaning as the term "cooperative" as defined in subdivision (a) of section two of the  rural electric cooperative law;   g.  The sale of bonds and notes pursuant to section 60.10 of the local finance law;   h. A contract in which a municipal officer or employee has an interest if such contract was entered into prior to the time he  was  elected  or appointed  as  such  officer or employee, but this paragraph shall in no event authorize a renewal of any such contract;   i. Employment of a duly licensed physician as school physician  for  a school  district upon authorization by a two-thirds vote of the board of education of such school district, notwithstanding the  fact  that  such physician  shall  have  an interest, as defined in section eight hundred one of this chapter, in such employment.   j. Purchases or public work by a municipality, other  than  a  county, located  wholly  or  partly  within  a  county  with a population of two hundred thousand or less pursuant to a contract in which a member of the governing body or board has a prohibited interest, where:  (1) the member of the governing body or board is  elected  and  serves without salary;  (2)  the  purchases,  in  the  aggregate,  are less than five thousand dollars in one fiscal year and the governing body or board has  followed its  procurement  policies and procedures adopted in accordance with the provisions of section  one  hundred  four-b  of  this  chapter  and  the procurement  process  indicates  that  the  contract  is with the lowest dollar offer;  (3) the contract for the purchases  or  public  work  is  approved  by resolution  of  the body or board by the affirmative vote of each member of the body or board except the interested member who shall abstain.   2.  a.  A  contract with a corporation in which a municipal officer or employee has an interest by reason of stockholdings when less than  five per  centum  of  the  outstanding  stock  of the corporation is owned or controlled directly or indirectly by such officer or employee;   b. A contract for the furnishing of public utility services  when  the rates  or  charges therefor are fixed or regulated by the public service commission;   c. A contract for the payment of a reasonable  rental  of  a  room  or rooms  owned  or leased by an officer or employee when the same are used in the performance of his official duties and are so  designated  as  an office or chamber;   d.  A  contract  for the payment of a portion of the compensation of a private employee of an officer when such  employee  performs  part  time service in the official duties of the office;   e. A contract in which a municipal officer or employee has an interest if  the  total  consideration  payable  thereunder,  when  added  to the aggregate amount of all consideration payable under contracts  in  which such  person had an interest during the fiscal year, does not exceed the sum of seven hundred fifty dollars.   f. A contract with a member of a private industry council  established in accordance with the federal job training partnership act or any firm, corporation  or  association  in  which  such  member holds an interest, provided the member discloses such  interest  to  the  council  and  the member does not vote on the contract.