9 NYCRR Part 1934 - Executive Department

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Source version current through Sep 15, 2021

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 1934.1 - Board membership

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The following are restricted from holding voting board membership, serving as officers of the eligible applicant and/or staff management positions, except where otherwise required by statute:

(a)State legislators and members of their staffs who hold policy making positions;

(b)commissioners and chairpersons of state departments and their deputies and assistants (including members or directors of public authorities, public benefit corporations, boards, commissions and councils);

(c)staff of the Division of Housing and Community Renewal;

(d)statewide elected officials, including the Governor, Lieutenant Governor, Attorney General and Comptroller, and members of their staffs who hold policy making positions;

(e)chief executive officials and members of the legislative bodies of counties having a population of 275,000 or more, within which the project is located, or cities, towns and villages having a population of 20,000 or more, within the county in which the project is located, except where board membership for such persons is mandated by other relevant Federal or State statutes; and

(f)political party chairpersons, party organization leaders and members of their executive committees in the State, counties having a population of 275,000 or more, within which the project is located, or cities, towns and villages having a population of 20,000 or more, within the county in which the project is located.

9 NYCRR 1934.2 - Prohibited compensation

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The following shall not receive any compensation whatsoever from an eligible applicant, directly or indirectly, for services or goods rendered to such organization unless the goods or services are provided pursuant to an award or contract let, unless otherwise required, after a good faith effort to obtain competitive prices is made, the results of which were reported in writing prior to the award of the contract and were approved by the corporation which approval shall be based on comparison to arm's length transactions and the needs of the project:

(a)State legislators and members of their staffs who hold policy making positions;

(c)staff of the Division of Housing and Community Renewal;

(d)statewide elected officials, including the Governor, Lieutenant Governor, Attorney General and Comptroller, and members of their staffs who hold policy making positions;

(e)chief executive officials and members of the legislative bodies of counties, cities, towns and villages in which county the project is located;

(f)political party chairpersons, party organization leaders and members of their executive committees in the state, counties, cities, towns and villages in which county the project is located;

(g)voting board members and officers, except for salary payments of officers which shall require the approval of the corporation which approval shall be granted if the duties assigned to the officer correspond to duties normally assigned to an executive director;

(h)staff members of the eligible applicant, except for salary payments;

(i)the immediate families of persons in categories (a) through (h) above; and

(j)any firm, association, corporation or partnership in which any individual listed in this section or section 1934.1 of this Part holds an interest of ten percent or more.

9 NYCRR 1934.3 - Applicability

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

These provisions apply to all persons and entities whether or not their involvement with, or compensation from, an eligible applicant is related to the project funded pursuant to this program.

9 NYCRR 1934.4 - Waiver

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

All or some of the provisions of sections 1934.1 and 1934.2 of this Part may be waived by the corporation if, in its discretion, it determines that:

(a)the eligible applicant is in conflict with said provisions as a result of requirements of statute or governmental agreement; or

(b)the primary activities of the eligible applicant are unrelated to programs funded by the corporation and that there are sufficient safeguards to protect the interests of the proposed project and the corporation. The corporation may establish conditions and qualifications for any such waiver issued.

9 NYCRR 1934.5 - Monetary limits

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The provisions of section 1934.2 of this Part shall not apply to individual occasions of compensation for goods or services rendered which do not exceed $2,500 unless the accumulation of said compensation should exceed $2,500 within a year.

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