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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 - More on Statutory Exceptions

The next exception I want to talk about is what I would refer to as the rural counties exception. I am not going to go through and specifically call out very single provision within this exception, I am just going to give you a general overview of it. So please be aware of the fact that if you are going to use this exception or interested in knowing more about this exception you should reach out to your municipal attorney regarding this. But generally speaking Section 802 (1)(j) of the General Municipal Law provides that an exception for purchases or a public work by a municipality other than a county located within a county with a population of 200,000 or less in which a member of the governing board or body has a prohibited interest. As I mentioned a moment ago, there are additional criteria you have to meet. An example of some of this criteria is you have to be elected and serve without a salary, every expense of the amount must be less than $5,000, and the governing body must follow its own policies and procedures under section 104(b) of the General Municipal Law. Again there are additional criteria here. I’m not going to spend much time. Reach out to your municipal attorney should you have additional questions on this.

I also want to briefly talk about some of the exceptions that will related to real property. Specially in Section 802 (1)(d). It provides an exception for the purchase of real property when the purchase in consideration is approved by order of the Supreme Court. Keep in mind this is not the Supreme Court of the United States, this is a Supreme Court of New York State. Also, where real property can't be acquired by purchase Section 802 (1)(e) of the General Municipal Law also provides an exception for the acquisition of real property through condemnation proceedings. These are two exceptions where one you are making a purchase and you have a court order or you are dealing with a condemnation proceeding. Now there are additional exceptions under 802. At this point I am not going to discuss them all. As I mentioned numerous times throughout this presentation, if you have additional questions or concerns reach out to your municipal attorney on these matters. Before I move forward with this presentation, please, please, please if you don't remember anything else about when you are watching this presentation, please remember this. There is absolutely no exception for competitive bidding, or use of an RFP, disclosure, abstention, or an emergency. Again, there is no exception for competitive bidding, the use of an RFP, disclosure, abstention, or an emergency. The presence of any of these factors does not clear a prohibited interest of a contract.

  Go Back to Module 1 - Exceptions - Local Governments in “Rural Counties”