[Close this window]

§ 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.

[Close this window]