New York A 8505: Relates to conflicts of interest of municipal officers and employees, codes of ethics and boards of ethics

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          8505
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    December 8, 2021
                                       ___________
        Introduced  by  M. of A. THIELE -- (at request of the State Comptroller)
          -- read once and referred to the Committee on Local Governments
        AN ACT to amend the general municipal law, in relation to  conflicts  of
          interest  of  municipal  officers  and  employees, codes of ethics and
          boards of ethics; and to amend chapter 946 of the laws of 1964, amend-
          ing the general municipal law and other laws relating to conflicts  of
          interest  of  municipal officers and employees, in relation to permit-
          ting local codes of ethics to prohibit activities expressly  permitted
          by article 18 of the general municipal law
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 800 of the general municipal  law,
     2  as  amended  by  chapter 1043 of the laws of 1965, is amended to read as
     3  follows:
     4    3. "Interest" means a direct or indirect pecuniary or material benefit
     5  accruing to a municipal officer or employee  as, or his or  her  spouse,
     6  the  result  of  a  contract with the municipality which such officer or
     7  employee serves. For the purposes of this article a municipal officer or
     8  employee shall be deemed to have an interest in the contract of (a)  his
     9    spouse,  minor  children  and  dependents, except a contract ofor  her
    10  employment with the municipality which such officer or employee  serves,
    11  (b)  a  firm,  partnership  or  association  of  which  such  officer or
    12  employee is a member or employee,  (c)  a  corpo-, or his or her spouse,
    13  ration  of  which  such officer or employee is an, or his or her spouse,
    14  officer, director or employee and (d) a corporation any stock  of  which
    15  is owned or controlled directly or indirectly by such officer or employ-
    16  ee., or his or her spouse
    17    §  2.  Section 801 of the general municipal law, as amended by chapter
    18  1043 of the laws of 1965, is amended to read as follows:
    19    § 801. Conflicts of interest prohibited. Except as provided in section
    20  eight hundred two of this [] , (1) no municipal officer orchapterarticle
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD10553-01-1

        A. 8505                             2
     1  employee shall have an interest in any contract with the municipality of
     2  which he  is an officer or employee, when such officer or  employ-or she
     3  ee, individually or as a member of a board, has the power or duty to (a)
     4  negotiate,  prepare,  authorize  or approve the contract or authorize or
     5  approve  payment  thereunder  (b)  audit  bills  or  claims  under  the,
     6  contract,  or  (c)  appoint  an  officer  or employee who has any of the
     7  powers or duties set forth above and (2) no chief fiscal officer, treas-
     8  urer, or his  deputy or employee, shall have an interest in a bankor her
     9  or trust company designated as a depository, paying agent,  registration
    10  agent  or for investment of funds of the municipality of which he or she
    11  is an officer or employee. The provisions of this section  shall  in  no
    12  event  be  construed  to preclude the payment of lawful compensation and
    13  necessary expenses of any municipal officer or employee in one  or  more
    14  positions  of  public employment, the holding of which is not prohibited
    15  by law.
    16    § 3. Paragraphs b and j of subdivision 1 of section 802 of the general
    17  municipal law, paragraph b as amended by chapter 1043  of  the  laws  of
    18  1965  and  paragraph  j as added by chapter 364 of the laws of 1996, are
    19  amended to read as follows:
    20    b. A contract with a person, firm, corporation or association in which
    21  a municipal officer or employee has  an  interest  which  is  prohibited
    22  solely  by  reason  of    employmenthis  or  her, or his or her spouse's
    23   as an officer or employee thereof, if  the  remuneration  ofemployment,
    24  such  employment  will  not  be  directly  affected  as a result of such
    25  contract and the duties of such employment do not directly  involve  the
    26  procurement, preparation or performance of any part of such contract;
    27    j.  Purchases  or  public work by a municipality, other than a county,
    28  located