N.Y.
Rural Electric Cooperative Law Section 19-A
Conflict of interest policy
(a)
Except as provided in subdivision (d) of this section, the board of every rural electric cooperative shall adopt, and oversee the implementation of, and compliance with, a conflict of interest policy to ensure that its directors, officers and employees act in the cooperative’s best interest and comply with applicable legal requirements.(b)
The conflict of interest policy shall include, at a minimum, the following provisions:(1)
a definition of the circumstances that constitute a conflict of interest;(2)
procedures for disclosing a conflict of interest or possible conflict of interest to the board or to a committee of the board, and procedure for the board or committee to determine whether a conflict exists;(3)
a requirement that the person with the conflict of interest not be present at or participate in the board or committee deliberation or vote on a matter giving rise to such conflict, provided that nothing in this section shall prohibit the board or a committee from requesting that the person with the conflict of interest present information as background or answer questions at a committee or board meeting prior to the commencement of deliberation or voting relating thereto;(4)
a prohibition against any attempt by the person with the conflict to influence improperly the deliberation or voting on the matter giving rise to such conflict; and(5)
a requirement that the existence and resolution of the conflict be documented in the cooperative’s records, including in the minutes of any meeting at which the conflict was discussed or voted upon.(c)
The conflict of interest policy shall require that prior to the initial election of any director, and annually thereafter, such director shall complete, sign and submit to the secretary of the cooperative or a designated compliance officer a written statement identifying, to the best of the director’s knowledge, any entity of which such director is an officer, director, trustee, member, owner (either as a sole proprietor or a partner), or employee and with which the cooperative has a relationship, and any transaction in which the cooperative is a participant and in which the director might have a conflicting interest. The policy shall require that each director annually resubmit such written statement. The secretary of the cooperative or the designated compliance officer shall provide a copy of all the completed statements to the president of the board.(d)
A rural electric cooperative that has adopted and possesses a conflict of interest policy pursuant to federal, state or local laws that is substantially consistent with the provisions of subdivision (b) of this section shall be deemed in compliance with provisions of this section.(e)
Nothing in this section shall be interpreted to require a rural electric cooperative to adopt any specific conflict of interest policy not otherwise required by this section or any other law or rule, or to supersede or limit any requirement or duty governing conflicts of interest required by any other law or rule.
Source:
Section 19-A — Conflict of interest policy, https://www.nysenate.gov/legislation/laws/REL/19-A (updated Jan. 18, 2019; accessed Dec. 21, 2024).
