Advisory Opinions Issued by the Joint Commission on Public Ethics

2016

Opinion No. Date Description
16-03 6/28/2016 Determination of "former agency" for purposes of the post-employment restrictions of Public Officers Law §73(8); and whether a former employee may respond to a Request for Proposal from his former agency without violating Public Officers Law §73(8)(a)(i).
16-02 1/26/2016 Establishes that the Public Officers Law guides when an elected official may solicit and accept campaign contributions or other forms of support for his political campaign from an active subject of the official's enforcement powers.
16-01 1/26/2016 Establishes when Legislative Law Article 1-A ("the Lobbying Act") covers the services of consultants and clarifies the test used to determine when grassroots advocacy constitutes reportable lobbying activity.

FAQs on Advisory Opinion 16-01 and Public Comments Received


2014

Opinion No. Date Description
14-01 4/29/2014 Establishes an exemption from the requirements of Public Officers Law §73(7)(a) and §73(12) for certain non-faculty members at State University of New York ("SUNY") campuses who teach a single course during a semester.

2013

Opinion No. Date Description
13-02 3/28/2013 Establishes a general standard for the use of State aircraft by the Governor under Public Officers Law §74, as well as clarifies the application of certain rules relating to the use of State aircraft set forth in Advisory Opinions 07-03 and 07-05.
13-01 2/26/2013 The two-year bar in Public Officers Law §73(8)(a)(i) prohibits a former New York State Insurance Fund (“NYSIF”) Hearing Representative, for a period of two years after separation from State service, from representing individuals before the New York State Workers Compensation Board (“WCB”), in the capacity of a Licensed Representative, in matters in which NYSIF is a carrier or a party. The lifetime bar in Public Officers Law §73(8)(a)(ii) permanently prohibits a former NYSIF Hearing Representative from representing individuals before the WCB in matters in which the former Hearing Representative was directly concerned and in which the former Hearing Representative personally participated, or that were under the former Hearing Representative’s active consideration, while employed by NYSIF.

2012

Opinion No. Date Description
12-01 8/28/2012 The two-year bar in Public Officers Law §73(8)(a)(i) applies to appearances and practices rendered on a pro bono basis. Additionally, the representation of clients in an Office of Temporary Disability Assistance ("OTDA") fair hearing constitutes an appearance before that agency for the purposes of Public Officers Law §73(8)(a)(i). Consequently, the two-year bar prohibits a former OTDA hearing officer, for two years after his separation from state service, from representing individuals -- whether for compensation or on a pro bono basis -- who appear before OTDA in a fair hearing.