Section 802. Exceptions  


Latest version.
  • 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  including, but not limited to,
      rural electric cooperatives. For purposes of this  paragraph,  the  term
      "rural  electric  cooperative"  shall  have the same meaning as the term
      "cooperative" as defined in subdivision (a) of section two of the  rural
      electric cooperative law;
        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.