Legislation
SECTION 2658
Code of ethics
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28-B
§ 2658. Code of ethics. 1. As used in this section the term
"authority employee" shall mean any member, officer or employee of the
authority.
2. No authority employee shall 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 or her duties
in the public interest.
3. (a) No authority employee shall accept other employment, which will
impair his or her independence of judgment in the exercise of his or her
official duties.
(b) No authority employee shall accept employment or engage in any
business or professional activity which will require the employee to
disclose confidential information which he or she has gained by reason
of his or her official position or authority.
(c) No authority employee shall disclose confidential information
acquired by the employee in the course of his or her official duties nor
use such information to further his or her personal interests.
(d) No authority employee shall use or attempt to use his or her
official position to secure unwarranted privileges or exemptions for him
or herself or others.
(e) No authority employee shall engage in any transaction as
representative or agent of the authority with any business entity in
which he or she has a direct or indirect financial interest that might
reasonably tend to conflict with the proper discharge of his or her
official duties.
(f) An authority employee shall not by his or her conduct give
reasonable basis for the impression that any person can improperly
influence such employee or unduly enjoy his or her favor in the
performance of his or her official duties, or that he or she is affected
by the kinship, rank, position or influence of any party or person.
(g) An authority employee shall abstain from making personal
investments in enterprises which he or she has reason to believe may be
directly involved in decisions to be made by the employee or which will
otherwise create substantial conflict between his or her duty in the
public interest and his or her private interest.
(h) An authority employee shall endeavor to pursue a course of conduct
which will not raise suspicion among the public that he or she is likely
to be engaged in acts that are in violation of his or her trust.
(i) No authority employee employed on a full-time basis nor any firm
or association of which such an employee is a member nor corporation a
substantial portion of the stock of which is owned or controlled
directly or indirectly by such employee, shall sell goods or services to
any person, firm, corporation or association which is licensed or whose
rates are fixed by the authority in which such employee serves or is
employed.
(j) If any authority employee shall have a financial interest, direct
or indirect, having a value of ten thousand dollars or more in any
activity which is subject to the jurisdiction of a regulatory agency, he
or she shall file with the secretary of state a written statement that
he or she has such a financial interest in such activity which statement
shall be open to public inspection.
4. In addition to any penalty contained in any other provision of law
any such authority employee who shall knowingly and intentionally
violate any of the provisions of this section may be fined, suspended or
removed from office or employment.
5. The authority shall ensure that all employees or applicants for
employment are afforded equal employment opportunity without
discrimination.
6. All board members and employees of the authority shall be deemed to
be public officers and shall, notwithstanding any other ethical
requirements established by state or local law, and when not
inconsistent with the provisions of this title, comply with sections
seventy-three, seventy-three-a and seventy-four of the public officers
law. Notwithstanding any other provision of law, the filing of a
Schenectady county financial disclosure statement with the Schenectady
county board of ethics by a board member shall constitute and be deemed
in compliance with the financial disclosure requirements imposed by this
section and section seventy-three-a of the public officers law.
"authority employee" shall mean any member, officer or employee of the
authority.
2. No authority employee shall 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 or her duties
in the public interest.
3. (a) No authority employee shall accept other employment, which will
impair his or her independence of judgment in the exercise of his or her
official duties.
(b) No authority employee shall accept employment or engage in any
business or professional activity which will require the employee to
disclose confidential information which he or she has gained by reason
of his or her official position or authority.
(c) No authority employee shall disclose confidential information
acquired by the employee in the course of his or her official duties nor
use such information to further his or her personal interests.
(d) No authority employee shall use or attempt to use his or her
official position to secure unwarranted privileges or exemptions for him
or herself or others.
(e) No authority employee shall engage in any transaction as
representative or agent of the authority with any business entity in
which he or she has a direct or indirect financial interest that might
reasonably tend to conflict with the proper discharge of his or her
official duties.
(f) An authority employee shall not by his or her conduct give
reasonable basis for the impression that any person can improperly
influence such employee or unduly enjoy his or her favor in the
performance of his or her official duties, or that he or she is affected
by the kinship, rank, position or influence of any party or person.
(g) An authority employee shall abstain from making personal
investments in enterprises which he or she has reason to believe may be
directly involved in decisions to be made by the employee or which will
otherwise create substantial conflict between his or her duty in the
public interest and his or her private interest.
(h) An authority employee shall endeavor to pursue a course of conduct
which will not raise suspicion among the public that he or she is likely
to be engaged in acts that are in violation of his or her trust.
(i) No authority employee employed on a full-time basis nor any firm
or association of which such an employee is a member nor corporation a
substantial portion of the stock of which is owned or controlled
directly or indirectly by such employee, shall sell goods or services to
any person, firm, corporation or association which is licensed or whose
rates are fixed by the authority in which such employee serves or is
employed.
(j) If any authority employee shall have a financial interest, direct
or indirect, having a value of ten thousand dollars or more in any
activity which is subject to the jurisdiction of a regulatory agency, he
or she shall file with the secretary of state a written statement that
he or she has such a financial interest in such activity which statement
shall be open to public inspection.
4. In addition to any penalty contained in any other provision of law
any such authority employee who shall knowingly and intentionally
violate any of the provisions of this section may be fined, suspended or
removed from office or employment.
5. The authority shall ensure that all employees or applicants for
employment are afforded equal employment opportunity without
discrimination.
6. All board members and employees of the authority shall be deemed to
be public officers and shall, notwithstanding any other ethical
requirements established by state or local law, and when not
inconsistent with the provisions of this title, comply with sections
seventy-three, seventy-three-a and seventy-four of the public officers
law. Notwithstanding any other provision of law, the filing of a
Schenectady county financial disclosure statement with the Schenectady
county board of ethics by a board member shall constitute and be deemed
in compliance with the financial disclosure requirements imposed by this
section and section seventy-three-a of the public officers law.