Advisory Opinions Issued by the former Commission on Public Integrity

2011

Opinion No. Date Description
11-03(PDF) 6/28/2011 The lifetime bar set forth in Public Officers Law §73(8)(a)(ii) prohibits a former employee of the Department of Health from performing services related to the amendment or revocation of regulations she participated in drafting while in State service.
11-02(PDF) 2/15/2011 The lifetime bar prohibits a former State employee from receiving compensation for services in relation to his participation in an RFP and any resulting contract to evaluate a system over which he had high-level project and technical management responsibilities while employed by the State.
11-01(PDF) 2/15/2011 For two years following their termination of State service in the Executive Chamber, former Executive Chamber officers and employees are prohibited from appearing or practicing before the Executive Chamber, from receiving compensation for services rendered on behalf of any person, firm, corporation or association in relation to any case, proceeding or application or other matter before the Executive Chamber and, pursuant to Public Officers Law §73(8)(a)(iv), from appearing or practicing before any "State agency" as that term is defined in Public Officers Law §73(1)(g).

2010

Opinion No. Date Description
10-05(PDF)
12/9/2010 The lifetime bar set forth in Public Officers Law 73(8)(a)(ii) does not prohibit the former Executive Director of the [Agency A] from appearing, practicing, communicating or rendering services before [Agency B] in relation to the imposition of a late fee for failing to file timely a [ ] statement amendment.
10-04(PDF)
12/9/2010Advisory Opinion No. 06-01 is clarified to the extent that the 30-day recusal period set forth in the post-government employment guidelines is set aside for those State officers and employees who may be subject to layoffs, or who have the option of accepting a position at a reduced salary or in another location in lieu of a layoff, provided the employee recuses from all matters pertaining to any private entity with which the employee has employment-related discussions.
10-03(PDF)
12/9/2010 Public Officers Law §74 does not preclude an uncompensated Chair of a public benefit corporation from employment with a private firm doing business with the public benefit corporation, provided the Chair properly discloses and recuses, and does not share in the net revenues derived from the work the private firm performs on behalf of the public benefit corporation.
10-02(HTML)
(PDF)
8/12/2010The two-year and lifetime bar provisions set forth Public Officers Law §73(8) apply to persons who volunteer as part-time staff attorneys in the Department of Environmental Conservation's Office of General Counsel.
10-01(HTML)
(PDF)
6/10/2010Workers' Compensation Board is the former agency of employees of the Office of the Workers' Compensation Fraud Inspector General for purposes of Public Officers Law '73(8)(a)(i).

2009

Opinion No. Date Description
09-05(HTML)
12/10/09Legislative Law §1-c(c)(F) does not exempt either a lobbyist retained by a church for the purposes of local lobbying or a church who retains a lobbyist for such lobbying from registration and reporting requirements.
09-04(HTML)
(PDF)
09/16/09Clarifying that, under Advisory Opinion No. 05-02, a permanent part-time employee, who is not a policymaker and serves in a position with a full-time salary in excess of the filing rate and receives compensation that is intended to be less than the filing rate and cannot exceed the filing rate, is not required to file an annual statement of financial disclosure.
09-0304/28/2009Neither the two-year bar nor the lifetime bar set forth in Public Officers Law §73(8)(a) prohibits a former Insurance Department employee from serving as the Insurance Superintendent’s appointee to the Board of Governors of the New York Compensation Insurance Rating Board, which is licensed by the Insurance Department as the rate service organization for workers’ compensation insurance.
09-0202/02/2009Pursuant to Public Officers Law §§73 and 74, DOT paid student interns, employed in civil service titles that require them to either pay a fee to PEF or be members of PEF, and who otherwise meet the criteria of “student” under Advisory Opinion No. 91-01, are not subject to the revolving door provisions of Public Officers Law §73(8)(a).
09-0102/03/2009Application of the Commission's regulation regarding Reimbursement for Travel Expenses, 19 NYCRR Part 930.6(a)(7), from non-governmental organizations comprised of private sector members.

2008

Opinion No. Date Description
08-0510/07/2008The revolving door restrictions of Public Officers Law §73(8)(a)(ii) do not preclude a former [job title] of the New York State [Agency] from providing expert testimony in a court proceeding where his former agency is a party and he does not testify as to any transactions with which he was directly concerned and in which he personally participated during the period he was the [job title].
08-0406/30/2008Pursuant to Public Officers Law §§73 and 74, State officials or employees traveling on State business may be allowed to use for their personal benefit reward or bonus points offered to customers by common carriers and hotels. However, a State employee purchasing supplies and services for a State agency is prohibited from accumulating reward points resulting from such purchases for personal use.
08-0306/30/2008Pursuant to Public Officers Law §73(8)(a)(i), a New York State Thruway Authority employee anticipating retirement may not be employed on a Thruway Authority project whose contract will be awarded within two years of his departure from State service since the consultant for whom he anticipates working must submit the employee's name and credentials to the Thruway Authority for prior approval as part of its bid.
08-0206/19/2008 It would be a violation of Public Officers Law §73(8)(a)(i) for [a] former [title] of [a] New York State [Agency] to [provide services to] a person in connection with [a matter before the Successor Agency] within two years of the former [title's] departure.
08-01 (PDF) | 08-01 (DOC) 03/25/2008 Interpretation of Advisory Opinion No. 94-16 in light of statutory amendments under PEERA.

2007

Opinion No. Date Description
07-5 12/11/2007 Extension of Advisory Opinion No. 07-03: standards for the use of State aircraft by public officials for State and non-State travel.
07-4 12/11/2007 Application of Public Officers Law §74 to the duties and responsibilities of the Chair, Deputy Chair and members of a Board with respect to their previous private employment.

For Advisory Opinion Nos. 07-01; 07-02; and 07-03, see Opinions Issued by the former Ethics Commission