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ETHICS IN
NEW YORK STATE GOVERNMENT
OGNYS-BB-00016946
TABLE OF CONTENTS
Commission on Public Integrity Overview
JURISDICTION
S C O
Governor, Lieutenant Governor, Comptroller, Attorney General
PRIMARY FUNCTIONS
Educate and advise
Financial Disclosure
C
Comptroller
ll
Assembly Speaker
OGNYS-BB-00016951
CODE OF ETHICS
Public
bli Offi
Officers Law §74
§ provides
id minimum
i i standards
d d b by
which State Officers and employees are expected to gauge
their behavior.
Th
These t d d are concerned
standards d with
ith actual
t l as well
ll as
apparent conflicts of interest.
No officer or employee
p y of a state agency,
g y, 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.
OGNYS-BB-00016954
ADVISORY OPINIONS
Binding on the
Commission on Non-binding
Public Integrity
Issued by the
Issued by the Commission’s
Commissioners Executive Director
OGNYS-BB-00016955
FINANCIAL
DISCLOSURE
OGNYS-BB-00016956
FINANCIAL DISCLOSURE
St t officers
State ffi d employees
and l h serve in
who i a job
j b title
titl with
ith
an annual salary rate in excess of the job rate SG-24 (CSEA
equivalent) and previously were not exempted from the
filing requirement.
NOVEMBER 15th-
Academic employees at the State University (SUNY) and City
University (CUNY) of New York who meet the salary
threshold.
When a filing deadline falls on a weekend, forms are accepted the next day of business.
UN-EMANCIPATED CHILDREN
Any un-emancipated child listed on a FDS which the
public requests to view will be automatically redacted.
NOVEMBER 1ST –
Deadline for filing the annual Statement of Financial
Disclosure for employees of SUNY/CUNY.
OGNYS-BB-00016963
NEPOTISM §73
Family members may be employed, or seek employment within the
same agency. A family member must go through the same
employment process a non-family member seeking employment
would be expected to perform.
§ Section 73(15)
State employees are prohibited from awarding contracts
t a relative
to l ti or investing
i ti public
bli funds
f d in i any security
it in
i
which a relative has a financial interest.
OGNYS-BB-00016965
CIVIL SERVICE LAW §75-b
EMPLOYER RETALIATION
A public employer cannot terminate or use disciplinary
action against a public employee for disclosing information
to a government agency regarding a violation of the law,
law
rule or regulation which created a substantial and specific
danger to public health and safety or constitute an
“i
“improper governmentalt l action.”
ti ”
A good faith effort must always be made to inform your appointing authority.
INQUIRY
Q CONCERNING POLITICAL AFFILIATIONS
A potential employee cannot be asked about their political
party affiliation, whether or not that applicant made any
political contributions or how that applicant voted.
State
St t offices
ffi may nott b
be used
d ffor soliciting
li iti or collecting
ll ti any political
liti l
contributions.
POLITICAL ASSESSMENTS
Your State authority or official position may not be used to
coerce, intimidate or otherwise influence other State
employees to give money or service for any political
purpose, to influence the political action of any person or
entity, or to interfere with any election.
State offices may not be used for soliciting or collecting any political contributions.
OGNYS-BB-00016969
NYCRR 932 OUTSIDE ACTIVITIES
HOW ARE POLICY MAKING POSITIONS DETERMINED?
Policy making positions are determined annually by the appointing
authority A written list is provided to the Commission on Public Integrity.
authority. Integrity
NOT A POLICY-MAKER?
Employees are still subject to §Section 74 of the Public Officers
Law. You may seek advice from your agency’s ethics officer or
request an informal advisory opinion from the Commission on
Public Integrity.
Integrity
Don’t forget the Hatch Act.
CAMPAIGNING
No State resources can be used to help campaign for your
favorite candidate including: phone calls, faxes, e-mails,
copies, and State time.
OGNYS-BB-00016972
HONORARIA
WHAT IS AN HONORARIUM?
An honorarium is generally a speaking fee or compensation
received from writing an article, or reimbursement for travel
expenses not related to official duties.
duties [See 930.2
930 2 (c).]
(c) ]
[See 930.3(a)(1)(i)
930.3(a)(1)(i)-(iv).]
(iv).] A disqualified source can not direct a third party
to provide honorarium.
OGNYS-BB-00016976
§73 POST-EMPLOYMENT RESTRICTIONS
Post-employment restrictions apply to all state employees.
TYPES OF BARS:
The start date for the 2 year bar begins from the date of termination
( last day on payroll) including vacation time.
LIFETIME BAR
Project specific
Directly involved and participated with project
Fact specific
D t
Determined
i d on a case b
by case b
basis
i
There are no hardship exceptions for NYS employees. Rules apply equally to a one
week or 30 year hire.
OGNYS-BB-00016981
G IFTS
Applies to all State employees –
gifts of more than “nominal value” cannot be accepted.
g p
Job offers
Tickets
The Commission defines “nominal value” as the price for a standard cup of coffee.
DISQUALIFIED SOURCE
Any person or entity that does business with, is in litigation
with, appears before or negotiates with your agency; lobbies
your agency; applies for or receives funds from your agency
or contracts with yyour agency
g y or another agency
g y when yyour
agency receives the benefit of the contract.
SPEAKING ENGAGEMENTS
Meals received when a State officer or employee serves as a
participant or speaker in a job-related professional or
educational program, and meals are made available to all
participants.
Example:
A State employee whose job is to educate the public on aspects of
the law,
law may accept breakfast from an association which lobbies
the employing State agency when the employee is speaking at or
attending a seminar sponsored by the association and the
purpose of the seminar is to inform about the law.
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