Ethics and lobbying reforms

Ethics and lobbying reforms

Governor Eliot Spitzer, Lieutenant Governor David Paterson and legislative leaders have agreed upon sweeping ethics and lobbying reforms. The agreement sets higher ethical standards for public officials, significantly strengthens penalties for violations, establishes an independent public integrity panel and reorganizes the Legislative Ethics Committee.

The agreement addresses concerns such as:

Lobbying Reforms – Prohibits all gifts from lobbyists and their clients of more than a nominal value, including travel, lodging and other expenses, and broadens the types of lobbying activities that lobbyists must disclose;

Gifts – Prohibits all gifts of more than a “nominal value” from non-lobbyists to state officials where such gifts may give the appearance of attempting to influence the official;

Honoraria – Bans virtually all honoraria for statewide elected officials, agency heads and legislators;

Anti-Nepotism Policy – Prohibits state employees from participating in any personnel decision or contracting matter involving a relative.

Political Hiring – Bars non-legislative employees from asking about the affiliation, contributions or voting records of prospective employees;

Soliciting Contributions – Prohibits non-legislative employees from using their authority or influence to “compel or induce” any other employee to make political contributions;

Running for Elective Office – Prevents agency heads from becoming a candidate for any compensated elective office unless they resign or take an unpaid leave of absence;

Taxpayer-Financed Advertisements – Prohibits elected government officials and candidates for elected local, state or federal office from appearing in taxpayer-funded advertisements; and

Revolving Door – Closes the so-called “revolving door” loophole by prohibiting former legislative employees from directly lobbying the Legislature for two years, and expands the revolving door restrictions for Executive Chamber employees to preclude appearances before any state agency.

The agreement also strengthens penalties for violations of the state Public Officers Law and state Lobbying Law. The maximum civil penalty for public officers who commit ethics violations will be increased from $10,000 to $40,000 plus the value of any associated gain. The agreement also provides that lobbyists who repeatedly flout lobbying laws will be subject to suspension.

Section 107 of the Civil Service Law bars certain political activities by public officers and employees

Civil Service Law §107 sets out a number of prohibitions against certain political activities including barring (1) recommendations based on political affiliations; (2) inquiries concerning the political opinions or affiliations of any person; and (3) requiring contributions to any political fund or rendering any political service as a condition for employment.

The text of §107 is available on NYPPL’s Internet Archives at:

http://nypublicpersonnellawarchives.blogspot.com/2007/01/prohibition-against-certain-political.html

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Governor Spitzer has issued an Executive Order setting out ethics guidelines for State officers and employees [6 Executive Order 1]. The text of 6 EO 1 is available on NYPPL’s Internet Archives at:

http://nypublicpersonnellawarchives.blogspot.com/2007/01/executive-order-61-ethical-guidelines.html

Some government bodies, such as the Office of Court Administration, have earlier adopted “anti-nepotism” policies. 22 NYCRR 100.3(B)(3) provides, in pertinent part, as follows:

…A judge shall avoid nepotism and favoritism … A judge shall not appoint or vote for the appointment of any person as a member of the judge's staff or that of the court of which the judge is a member, or as an appointee in a judicial proceeding, who is a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such a person. A judge shall refrain from recommending a relative within the fourth degree of relationship of either the judge or the judge's spouse or the spouse of such person for appointment or employment to another judge serving in the same court. A judge also shall comply with the requirements of Part 8 of the Rules of the Chief Judge (22 NYCRR Part 8) relating to the appointment of relatives of judges. Nothing in this paragraph shall prohibit appointment of the spouse of the town or village justice, or other member of such justice's household, as clerk of the town or village court in which such justice sits, provided that the justice obtains the prior approval of the Chief Administrator of the Courts, which may be given upon a showing of good cause.