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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

Text for Video - Who Is Subject to Article 18?

In this next segment, I want to talk about the application of Article 18. Now, Article 18 applies to municipalities and municipal officers and employees, each of which is defined in the General Municipal Law. Turning into the definition of municipality, you can find this in the Section 800(4) of the General Municipal Law. It applies to most local government entities including, but not limited to counties, cities, towns, villages, school districts, BOCES, district corporations including fire districts, consolidated health districts, public libraries, and town and county improvement districts. The definition of municipality does not include New York Cityor public agencies therein, such as New York City's School District. However, the definition does include an industrial development agency but not most other public benefit corporations, such as the Housing Authority.

Now, I’d like to turn your attention to the definition of municipal officer or employee. This too can be found in General Municipal Law under Section 800(5) and the definition includes either a paid or unpaid officer or employee of a municipality. The definition can also include a member of an administrative board, commission, or other municipal agencies. Now in case of a county, the definition can also include an officer or an employee who is paid from county funds. Also, a Fire Chief and Assistant Fire Chief are also municipal officers or employees even if the positions are voluntary in nature. However, please be aware that the definition of a municipal officer or employee does not include a volunteer fire fighter or a civil defense volunteer.

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