2023 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.