2012 New York Consolidated Laws
PBO - Public Officers
Article 4 - (60 - 79) POWERS AND DUTIES OF PUBLIC OFFICERS
74 - Code of ethics.


NY Pub Off L § 74 (2012) What's This?
 
    § 74. Code of ethics. 1. Definition. As used in this section: The term
  "state  agency"  shall  mean  any  state department, or division, board,
  commission, or bureau of any state  department  or  any  public  benefit
  corporation  or  public  authority  at  least  one  of  whose members is
  appointed by  the  governor  or  corporations  closely  affiliated  with
  specific  state agencies as defined by paragraph (d) of subdivision five
  of section fifty-three-a of the state finance law or their successors.
    The term "legislative employee" shall mean any officer or employee  of
  the legislature but it shall not include members of the legislature.
    2.  Rule with respect to conflicts of interest. No officer or employee
  of a state agency, member of the  legislature  or  legislative  employee
  should have any interest, financial or otherwise, direct or indirect, or
  engage  in any business or transaction or professional activity or incur
  any obligation of any nature, which is in substantial conflict with  the
  proper discharge of his duties in the public interest.
    3. Standards.
    a. No officer or employee of a state agency, member of the legislature
  or legislative employee should accept other employment which will impair
  his independence of judgment in the exercise of his official duties.
    b. No officer or employee of a state agency, member of the legislature
  or  legislative  employee  should  accept  employment  or  engage in any
  business or professional activity which will  require  him  to  disclose
  confidential  information  which he has gained by reason of his official
  position or authority.
    c. No officer or employee of a state agency, member of the legislature
  or  legislative  employee  should  disclose   confidential   information
  acquired  by  him  in  the  course  of  his official duties nor use such
  information to further his personal interests.
    d. No officer or employee of a state agency, member of the legislature
  or legislative employee should use or attempt to use his or her official
  position to secure unwarranted privileges or exemptions for  himself  or
  herself or others, including but not limited to, the misappropriation to
  himself,  herself  or  to  others  of  the  property,  services or other
  resources of  the  state  for  private  business  or  other  compensated
  non-governmental purposes.
    e. No officer or employee of a state agency, member of the legislature
  or   legislative   employee   should   engage   in  any  transaction  as
  representative or agent of the state with any business entity  in  which
  he  has  a  direct  or indirect financial interest that might reasonably
  tend to conflict with the proper discharge of his official duties.
    f. An officer or employee of a state agency, member of the legislature
  or legislative employee should not by his conduct give reasonable  basis
  for  the  impression  that  any  person  can improperly influence him or
  unduly enjoy his favor in the performance of  his  official  duties,  or
  that  he  is affected by the kinship, rank, position or influence of any
  party or person.
    g. An officer or employee of a state agency should abstain from making
  personnel investments in enterprises which he has reason to believe  may
  be  directly  involved  in  decisions  to  be  made by him or which will
  otherwise create substantial conflict between his  duty  in  the  public
  interest and his private interest.
    h. An officer or employee of a state agency, member of the legislature
  or  legislative  employee  should endeavor to pursue a course of conduct
  which will not raise suspicion among the public that he is likely to  be
  engaged in acts that are in violation of his trust.
    i.  No  officer  or employee of a state agency employed on a full-time
  basis nor any firm or association of which such an officer  or  employee
  is  a member nor corporation a substantial portion of the stock of which

  is owned or  controlled  directly  or  indirectly  by  such  officer  or
  employee, should sell goods or services to any person, firm, corporation
  or  association  which is licensed or whose rates are fixed by the state
  agency in which such officer or employee serves or is employed.
    4.  Violations.  In  addition  to  any  penalty contained in any other
  provision of  law  any  such  officer,  member  or  employee  who  shall
  knowingly  and  intentionally  violate  any  of  the  provisions of this
  section may be fined, suspended or removed from office or employment  in
  the  manner  provided  by  law.  Any  such  individual who knowingly and
  intentionally violates the provisions of paragraph  b,  c,  d  or  i  of
  subdivision three of this section shall be subject to a civil penalty in
  an  amount not to exceed ten thousand dollars and the value of any gift,
  compensation or benefit received as a result of such violation. Any such
  individual who knowingly and intentionally violates  the  provisions  of
  paragraph  a,  e  or  g  of  subdivision  three of this section shall be
  subject to a civil penalty in an amount not to exceed the value  of  any
  gift, compensation or benefit received as a result of such violation.

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