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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 -Prohibition of Interests in Contracts

As I indicated earlier, Article 18 deals with the question of whether, and under what circumstances, a municipal officer or employee may do business with the municipality in which he or she serves. How is this done? This is done by prohibiting a municipal officer or employee from having interest in contracts under certain circumstances. And when trying to determine whether or not a municipal officer or employee has a prohibited interest, you have to look at four questions. The first question is whether or not there is a contract with the municipality. The second question is, does the municipal officer or employee have an interest in the contract? The third question is, does the municipal officer or employee have powers and duties that give rise to a prohibited interest? Finally, the last question is, are there any statutory exceptions that apply? In the next few segments, I’m going to talk about each of these questions in more detail.

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