§ 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.