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NYS Comptroller

THOMAS P. DiNAPOLI

The Academy for New York State's Local Officials

Protecting the Public’s Interest: A Tutorial on Local Government Ethics and Transparency in New York State

Module 1 - Conflict of Interest of Municipal Officers and Employees

Additional Prohibitions

[code 1 is 78901]

We have discussed prohibited interests in contracts at length, but article 18 also prohibits municipal officers and employees from engaging in certain other conduct.

  • A municipal officer or employee is prohibited from directly or indirectly soliciting a gift.
  • A municipal officer or employee is prohibited from directly or indirectly accepting or receiving a gift having a value of $75 or more when it could reasonably be inferred that the gift is intended to, or could be reasonably expected to, influence him or her in the performance of official duties, or that the gift is intended as a reward for official action. For this purpose, a gift can take any form -- money, service, loan, travel, entertainment, hospitality, or any other thing or promise. Certain municipal officials, however, are authorized to accept a fee or compensation of up to $100 for solemnizing a marriage that takes place away from the official’s normal place of business and outside normal business hours.
  • A municipal officer or employee is prohibited from disclosing or using confidential information acquired in the course of his or her official duties to further his or her personal interests.
  • A municipal officer or employee is prohibited from receiving compensation, or entering into an agreement for compensation, for services rendered in relation to any matter before his or her own municipal agency, or a municipal agency over which he or she has jurisdiction, or a municipal agency to which he or she has the power to appoint any member, officer or employee. This prohibition applies not only to matters actually pending before a municipal agency, but also to matters which must be reviewed, passed upon or otherwise brought to the attention of a municipal agency, even if the services are rendered before the matter is formally submitted to the agency
  • A municipal officer or employee is prohibited from receiving compensation, or entering into an agreement for compensation, for services rendered in relation to any matter before any agency of the municipality, where the compensation is dependent or contingent on action by the agency with respect to the matter. Fees based on the reasonable value of the services rendered, however, are not prohibited.

Knowing and intentional violations of any of these prohibitions can result in fines, suspension or removal from office.

Let's listen to what Mark has to say about these prohibitions.

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(Video Transcript - Additional Prohibitions)

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