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Opinion 90-49
… we concluded that an improvement district commissioner who does not work a full day is entitled only to a proportionate … to a per diem allowance. We concluded that section 214 does not require that services for the district be rendered … Upon reconsideration, we now believe that Opn No. 81-179 does not correctly set forth the rule in New York with …
https://www.osc.ny.gov/legal-opinions/opinion-90-49Opinion 89-53
… or statutory amendments that bear on the issues discussed in the opinion. FOREIGN FIRE INSURANCE TAXES--Recipients … (basis for allocation between or among fire companies in a multi-company fire department) INSURANCE LAW, §§9104, … Where foreign fire insurance tax moneys are distributed in accordance with Insurance Law, §§9104 and 9105, the moneys …
https://www.osc.ny.gov/legal-opinions/opinion-89-53Opinion 98-14
… LOCAL LAWS -- Municipal Funds (authority to supersede town budget procedures) -- Pre-emption (town highway budget estimates) SUPERINTENDENT OF HIGHWAYS -- Powers and Duties (submission of budget estimates) TOWNS -- Budget (submission of budget …
https://www.osc.ny.gov/legal-opinions/opinion-98-14Opinion 92-57
… to payments due and owing by the State to, inter alia , "any duly constituted unit of local government, …
https://www.osc.ny.gov/legal-opinions/opinion-92-57Opinion 92-3
… the chairman approves vouchers submitted by the engineer for services rendered to the planning board. General … business entities (General Municipal law, §800[3][b]-[d]). For this purpose, a "contract" includes any express or … performance of official duties or was intended as a reward for official action. In addition to any other penalty …
https://www.osc.ny.gov/legal-opinions/opinion-92-3Opinion 88-62
… Program, I.D. No. ENV-17-88-00026-A, adding, inter alia , 6 NYCRR 360-2.15, effective December 31, 1988). Based …
https://www.osc.ny.gov/legal-opinions/opinion-88-62Opinion 2007-1
… Services (paratransit services) GENERAL MUNICIPAL LAW §§103, 104-b: County contracts with private bus companies … the competitive bidding requirements of General Municipal Law § 103. You indicate that, in lieu of competitive bidding, …
https://www.osc.ny.gov/legal-opinions/opinion-2007-1Opinion 92-33
… longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that … FUNDS -- Publicity Fund (maximum amount appropriated to in town); (expenditures to fund contract with chamber of … affairs or government" (Municipal Home Rule Law, §10[1][i]). In this instance, the park district's enabling …
https://www.osc.ny.gov/legal-opinions/opinion-92-33Opinion 96-6
… well-being or success of company) PUBLIC CONTRACTS -- Policies and Procedures (applicability to procurement of insurance) GENERAL MUNICIPAL LAW, §§104-b, 800(3): A town supervisor who places insurance through the same … §800[4], [5]). Pursuant to General Municipal Law, §800(3), a municipal officer or employee has an "interest" in any …
https://www.osc.ny.gov/legal-opinions/opinion-96-6Opinion 2000-17
… several towns. You ask whether, pursuant to Town Law §§197 and 197-a, a town, on behalf of a water district, may enter … construction work, such as installation of various sizes and types of pipe, excavation, paving and remediation. Bid specifications would contain estimates …
https://www.osc.ny.gov/legal-opinions/opinion-2000-17Opinion 2005-1
… VIII, §1: Towns may fix fees for ambulance services, to be paid by persons requesting the use of such services. … services under contract, the fees collected belong to the town and may not be retained by the service provider … of civil actions. We also believe that in determining how to proceed, the town may take into consideration an …
https://www.osc.ny.gov/legal-opinions/opinion-2005-1Opinion 96 - 14
… of the college to establish and maintain petty cash funds, not in excess of $200 each, for specified college purposes and undertakings. These petty cash funds are available to pay, in advance of audit, properly … thereof. Lists of all expenditures from the petty cash funds must be presented to the board of trustees at each of …
https://www.osc.ny.gov/legal-opinions/opinion-96-14Opinion 94-16
… is a member of the governing board and treasurer of an IDA does not have a prohibited conflict of interest solely … NYS2d 488). Therefore, even if the IDA's code of ethics does not so require, we believe that the individual should …
https://www.osc.ny.gov/legal-opinions/opinion-94-16Opinion 2004-1
… aid and oxygen equipment ." [emphasis added]). In 1957, a new subdivision two was added to section 209-b by chapter 849 … 1969, the Legislature amended section 209-b(1) by adding a new paragraph (b) to authorize municipalities and fire …
https://www.osc.ny.gov/legal-opinions/opinion-2004-1Opinion 2000-7
… a direct or indirect pecuniary or material benefit "as the result of the contract" (General Municipal Law §800[3]). A … of such employment will not be directly affected as a result of such contract and (2) the duties of such employment … interest in a contract ( Dykeman v Symonds , 85 Misc 2d 289, 380 NYS2d 567 affd 54 AD2d 159, 388 NYS2d 422; 1988 …
https://www.osc.ny.gov/legal-opinions/opinion-2000-7Opinion 2002-9
… discussed in the opinion. CONSTITUTIONAL LAW -- Gifts and Loans (contract for provision of services by private … below the competitive bidding monetary threshold) REFUSE AND GARBAGE -- Solid Waste Facility (contract for services of … with the operation of the town's recycling center and pay the individuals consideration for such services under …
https://www.osc.ny.gov/legal-opinions/opinion-2002-9Opinion 2003-4
… that chapter 670 of the Laws of 2002 added, inter alia , new sections 174(2-a) and 177-c to the Town Law. Section …
https://www.osc.ny.gov/legal-opinions/opinion-2003-4Opinion 90-37
… This opinion represents the views of the Office of the State Comptroller at the time … use of property by the higher offeror, although lawful, is objectionable or less desirable to the community. It may, … purport to restrict a local government, when determining what is the "best" or "highest" price obtainable, from good …
https://www.osc.ny.gov/legal-opinions/opinion-90-37Opinion 90-10
… subsequent court cases or statutory amendments that bear on the issues discussed in the opinion. SUPERINTENDENT OF … (2) and 153 do not condition the superintendent's actions on approval of a conservation advisory council or …
https://www.osc.ny.gov/legal-opinions/opinion-90-10Opinion 92-54
… and a private entity when a prohibited interest would result solely from the status of a municipal officer or … such private employment will not be directly affected as a result of the contract and the duties of the private … , 69 AD2d 320, 418 NYS2d 638; Conrad v Hinman , 122 Misc 2d 531, 471 NYS2d 521; see also, Cahn v Planning Board of the …
https://www.osc.ny.gov/legal-opinions/opinion-92-54