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New York · Through 2026-09-11

N.Y. Public Officers Law § 74: Code of ethics

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Where this section sits in the code
  1. Public Officers Law
  2. Article 4. Powers and Duties of Public Officers

§ 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 or her 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 or her independence of judgment in the exercise of his or her

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 or her to

disclose confidential information which he or she has gained by reason

of his or her 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 or her in the course of his or her official duties nor

use such information to further his or her 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 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 officer or employee of a state agency, member of the legislature

or legislative employee should not by his or her conduct give reasonable

basis for the impression that any person can improperly influence him or

her 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 officer or employee of a state agency should abstain from making

personnel investments in enterprises which he or she has reason to

believe may be directly involved in decisions to be made by him or her

or which will otherwise create substantial conflict between his or her

duty in the public interest and his or her 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 or she is likely

to be engaged in acts that are in violation of his or her 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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