2006 New York Code - 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;
    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.

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