Directory of 2000-2005 Advisory Opinions
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Directory of 1988-1999 Advisory Opinions
Opinion Finding Guide

2000

Description
00-1: Application of Public Officers Law §§73 and 74 to a commissioner of the Public Service Commission, in his outside practice of law, representing clients in CPLR Article 78 proceedings against certain State agencies, officers and employees.
00-2: Application of the lifetime bar restrictions of Public Officers Law §73(8)(a)(ii) to a former Commissioner and member of a public benefit corporation who seeks to serve as an unpaid consultant for a developer seeking funding for a later phase of a housing project.
00-3: Application of Public Officers Law §74 to an employee of the State Education Department who wishes to testify as an expert witness.
00-4: Whether the "rendering services" clause of the two year bar precludes a former DOT employee from assisting in the preparation of reports to be submitted to DOT.
00-5: Determination of "former agency" of a former employee of the Uninsured Employers Fund of the Workers Compensation Board, for purposes of the application of the post-employment restrictions of Public Officers Law §73(8)(a).
00-6: The revolving door restrictions of Public Officers Law §73(8)(a) preclude a former employee of the New York City Housing Development Corporation from appearing or rendering compensated services on behalf of two related not-for-profit corporations; the government-to-government exception of Public Officers Law §73(8)(e) does not apply.

2001 Description
01-1: State employees may serve in their official capacities on the Board of Directors of Intelligent Transportation Society of New York, Inc., a not-for-profit corporation.
01-2: When certain NYSTAR Advisory Council members may discuss and vote on certain grant applications, given the express statutory language.
01-3: The lifetime bar of Public Officers Law §73(8)(a)(ii) does not preclude a former State employee from providing training he developed while in State service for the same types of organizations; the two year bar of Public Officers Law §73(8)(a)(i) does not preclude the former employee from being paid by funds from the former State agency, provided that the former agency has no role in approving the hiring of the former employee.
01-4: A former New York City Transit Authority employee may work as an expert witness in cases brought against the Transit Authority, the Metropolitan Transportation Authority and its other affiliates and subsidiaries provided the lawsuit has been commenced.
01-5: The two year bar does not preclude a former Transit Authority employee from serving as a signalman on Transit Authority contracts, subject to certain conditions.
01-6: The lifetime bar of Public Officers Law §73(8)(a)(ii) does not preclude a retired ORPS employee from developing and teaching a course utilizing expertise gained in State service.
01-7: The two year bar precludes a former Department of Taxation and Finance employee from preparing State tax returns to be submitted to the Department within two years of separation from the Department's service.

2002

Description
02-1: Application of the lifetime bar restrictions of Public Officers Law §73(8)(a)(ii) to a former employee of the Metropolitan Transportation Authority and the New York City Transit Authority who seeks to work on a smart card technology opportunity with a different government agency.
02-2: Designation of "former agency" to an employee of the Urban Development Corporation d/b/a Empire State Development Corporation and a former employee of the New York State Department of Economic Development.
02-3: A Department of Health ("DOH") retiree may be hired as an employee by Health Research Incorporated, DOH's closely affiliated not-for-profit research corporation, without violating the revolving door provisions of Public Officers Law §73(8).
02-4:

Application of the two-year and lifetime bar restrictions of Public Officers Law §73(8)(a) to a former employee of the Metropolitan Transportation Authority who seeks to assist his law firm in defending his former agency in a lawsuit.
02-5:

Application of Public Officers Law §74 to the outside activities of an employee of the State University of New York.

02-6:

Whether a State employee may engage in outside employment with a federal agency which funds his State agency research. 


2003

Description
03-1: Reconsideration of Advisory Opinion No. 94-15; whether a former OMRDD clinician can treat his former patients living in OMRDD operated facilities.
03-2: Application of the lifetime bar to a former OMRDD employee.
03-3: Whether the two-year bar of Public Officers Law §73(8)(a)(i) starts to run when an employee is suspended without pay from his State position.
03-4: Whether the "former agency" of [a senior official at] a State agency includes its parent agency or other affiliated agencies for purposes of applying the post-employment restrictions of Public Officers Law §73(8)(a)(i).
03-5: Whether the Attorney General's Offices' proposal to partner with two not-for-profit organizations who will solicit contributions to fund a modernization project is permissible in light of Public Officers Law §§73 and 74, and prior opinions of the Commission.
03-6: Reconsideration of Advisory Opinion Nos. 90-15 and 93-06: Application of the financial disclosure filing requirements of §73-a of the Public Officers Law to individuals serving in academic titles at the State University of New York.
03-7:

Application of Public Officers Law §73(8) to an employee of the New York State Office of Temporary Disability Assistance who wishes to provide contractual services to a public benefit corporation that is staffed by his former agency upon his retirement.

03-8:

Whether a former Attorney General's Office [ ] may assist a client in an investigation by the Securities Exchange Commission involving similar issues that are currently being investigated by the Attorney General's Office, and whether his involvement in the early stages of the Attorney General's investigation rose to the level of direct concern and personal participation or active consideration of a transaction so as to trigger application of the lifetime bar.

03-9:

 Application of Public Officers Law §74 to members of the New York State Soil and Water Committee, an entity within the Department of Agriculture and Markets, and their affiliations with outside organizations as they administer a grant program.

 

2004

Description
04-1:

Application of Public Officers Law  74 to a State employee who wishes to provide an endorsement for a device he invented in which he and his State agency share a pecuniary interest.

04-2:

Whether the lifetime bar of Public Officers Law §73(8)(a)(ii) precludes a former State employee from submitting a proposal to his former agency concerning upgrades to a fleet of locomotives that the former employee was directly involved in purchasing in 1995.

04-3:

Whether the Commission's regulation on outside activities prohibits a policymaker from serving as a member of the board of directors of a local political club.

04-4:

Application of Advisory Opinion No. 03-06 to individuals serving in academic titles at the City University of New York.

04-5:

Application of the two-year bar post-employment restrictions of Public Officers Law §73(8)(a)(i) to a former employee of the New York State Division of Alcoholic Beverage Control/State Liquor Authority (“SLA”) who wishes to view monthly price schedules which are filed by manufacturers and wholesalers with the SLA pursuant to Alcoholic Beverage Control Law §101-b and which are available for public inspection at the offices of the SLA.

04-6 Application of the two-year bar post employment restrictions of Public Officers Law §73(8)(a)(i) to a former employee of the New York City Transit Authority (“NYCTA”) who wishes to gather data from his former agency as part of a federally funded cooperative research project.
04-7 Application of the two-year bar of Public Officers Law §73(8)(a)(i) and Advisory Opinion Nos. 99-17and 00-04 to a former employee of the Department of Transportation.
04-8 Reconsideration of Advisory Opinion Nos. 91-10 and 92-5 pertaining to financial disclosure obligations of State employees in the Research Scientist series.

 

2005

Description
05-1 Conditions under which a State employee may accept a discount on goods or services.
05-2 Whether actual compensation received or the compensation attributed to the job rate should be the test for determining the financial disclosure requirement.
05-03 Whether the lifetime bar of Public Officers Law §73(8)(a)(ii) precludes a former State employee of the Metropolitan Transportation Authority and the New York City Transit Authority from providing information on the next generation of automatic fare collection technology.
05-04 Application of the two-year bar post-employment restrictions of Public Officers Law §73(8)(a)(i) to a retired scientist with the New York State Office of Mental Retardation and Developmental Disabilities who now is employed by the agency’s closely affiliated corporation and working on a federal grant for which he is the principal investigator.

2006

Description
06-1 Guidelines for State employees relative to employment-related communications with entities or individuals which have matters before the State employee.
06-2 Whether a State employee, who serves as a uncompensated member of the board of directors of a not-for-profit agency under contract with another State agency, may orally communicate with the State agency on the merits of a contract dispute.
06-3

Limitations on a State employee on unpaid leave having contact with his State agency while serving as a public official.

06-4 Application of Public Officers Law §74 to members of the Public Health Council.
06-5 Determination of former agency for purposes of the two-year bar; application of the lifetime bar.
06-6 Whether the Attorney General’s service as one of the four trustees of his family’s charitable trust regulated by the Charities Bureau is a conflict of interest or creates the appearance of such a conflict under Public Officers Law §74.
06-7 Application of Public Officers Law §74 to certain employees of the Niagara Frontier Transportation Authority (“NFTA”) who wish to engage in outside employment on NFTA property for a contractor to the agency.
06-8 Application of Public Officers Law §74 to a State employee serving as board President of a not-for-profit agency licensed and funded by the employee's agency.
06-9 Application of Advisory Opinion No. 06-01 regarding job offers.

 

2007

Description
07-1 Application of Public Officers Law Section 73 (8)(a) to a former employee of the Governor's Office of Employee Relations.
07-2 Application of the two-year bar post-employment restrictions of Public Officers Law Section 73 (8)(a)(i) to a former employee of the Department of Environmental Conservation who seeks to represent an applicant for a Certificate of Environmental Compatibility and Public Need pursuant to Article VII of the Public Service Law where his former agency is party to the action.
07-3 Guidelines for the use of State aircraft by public officials for State and non-State travel.
07-5 Extension of Advisory Opinion No. 07-3: standards for the use of State aircraft by public officials for State and non-State travel.