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340 Standards and Code of Ethics
As a condition of employment, State officers and employees must file with the Secretary of State a statement acknowledging that they have received a copy of Sections 73 through 78 of the Public Officers Law, and that they have read and will conform to their provisions. Below is a summary of selected provisions most applicable to College employees.
340.02 Business or Professional Activities
- A state employee may not receive compensation from outside sources in return for services rendered by him in relation to matters before a state agency where such compensation is contingent upon the action taken by the agency.
- A State employee may not receive compensation in any form for appearance or rendition of services, or transacting business, in matters before the Court of Claims.
- Competitive bidding is required where goods or services valued in excess of $25 are sold to state agencies by firms or associations in which the employee has specific interests.
- Gifts valued at $25 or more may not be accepted.
- Generally, no former state employees may, within two years after termination of his/her employment with the state, appear before his former agency or render services to any person or firm relating directly to matters he/she participated in while in state service.
- Firms or associations, of which the state officer or employee is a member, may render certain services to state agencies provided the profits resulting there from are not shared by the state employee.
340.03 Code of Ethics
- A state employee may not have direct or indirect interest, financial or otherwise, in any transaction or activity which conflicts with the proper discharge of his duties in the public interest.
- A state employee shall not accept other employment, which may impair his/her judgment in the exercise of his official duties.
- A state employee shall not accept other employment, or engage in any business or professional activity, which may require him/her to disclose confidential information that he/she has gained by reason of his/her state employment.
- A state employee shall not disclose confidential information acquired in the course of his/her official duties, nor shall such information be used to further the state employee's personal interests.
- A state employee shall not use his official position to secure unwarranted privileges.
- A state employee shall not act as agent of the state with any firm in which he/she has a direct or indirect financial interest, which might tend to conflict with his/her official duties.
- A state employee shall not give the impression that he/she may be influenced or affected in any way in proper performance of his/her duties.
- A state employee shall not make personal investments in enterprises which may involve official decision by him/her or which may create conflict between his/her duty in the public interest and his/her private interest.
- A state employee shall conduct himself in a manner, which will inspire confidence and trust among the public.
- A State employee shall not sell goods or services to any person, firm, association, or corporation which is licensed or whose rates are fixed by the state agency in which he/she is employed. Nor shall any firm or association of which he/she is a member, or a corporation, in which the state employee directly or indirectly owns or controls a substantial portion of the stock, be so engaged.
- A state employee having a direct or indirect financial interest valued at $10,000 or more in any activity under the jurisdiction of a state regulatory agency shall file with the Secretary of State a written statement of such interest.
In addition to any penalty contained in any other provision of law, any state employee who shall knowingly and intentionally violate any provision of this section (74) may be fined, suspended, or removed from office or appointment in the manner provided by law.
340.05 Application to Other Areas
These provisions, as they relate to the purchase of goods and services, specifically deal with purchases made from state appropriations and Income Fund Reimbursable (IFR) accounts. It is assumed that the same standards apply to the Research Foundation of SUNY, the Brockport Auxiliary Services Corporation. and the Brockport Foundation.
340.06 Scientific Misconduct
The College Policy on Scientific Misconduct adopted by the Faculty Senate (Resolution #14, 1989-1990) and implemented by the President on March 7, 1990 is as follows:
It is the purpose of these policies to instill and promote the principles of professional integrity, to prevent scientific misconduct, and to discover and censure instances of misconduct when they occur. Accordingly:
- SUNY College at Brockport shall maintain high ethical standards in science, prevent misconduct where possible, and promptly and fairly evaluate and resolve instances of alleged or apparent misconduct.
- Every member of the College community has the responsibility of reporting misconduct in scientific work. No person raising serious allegations of misconduct will suffer any penalty, however, frivolous, mischievous or malicious misrepresentation in alleging misconduct will not be tolerated and may result in action against the perpetrator.
- SUNY College at Brockport shall take appropriate disciplinary action against any individual found guilty of misconduct. This will include disclosure to funding agencies, collaborating scientists and institutions, journal editors, professional associations, licensing boards, and potential employers who request oral or written references.
- These policies apply to scientific research and related scholarly writing conduced by any member of the University faculty or staff. They are not intended to address issues, such as the conduct of students in fulfilling course requirements, which are covered by other policies.
- These procedures for the institutional handling of allegations of scientific misconduct normally have four stages:
- An inquiry to determine whether the allegation or related issues warrant further investigation.
- When warranted, an investigation to collect and thoroughly examine evidence.
- A formal finding.
- Appropriate disposition of the matter.
- As a general rule, the College will take no more than 60 days to conduct its inquiry and determine whether an investigation is warranted. If an investigation is warranted. If an investigation is to be undertaken, it will begin within 30 days of the conclusion of the inquiry, and the institution shall generally take no more than 120 days to complete the investigation, prepare the report of findings, obtain the comments of the subject(s) of the investigation, and make a decision on the disposition of the case.
- The College will annually report to all funding and sponsoring agencies as follows:
- Assurance that the institution has established an administrative process for reviewing, investigating, and reporting allegations of misconduct in science in connection with sponsored research.
- Provision of such aggregate information on allegations, inquiries, and investigations as funding and sponsoring agencies may prescribe.
340.07 Consensual Relationship Policy
It is the sense of the Faculty Senate (3/28/94) that it is inappropriate for a member of the faculty/staff to engage in consensual romantic or sexual relations with any student over whom he/she holds a position of authority with regard to academic or administrative judgments or decisions.