Outside Activities

An outside activity is generally an employment, business, or professional activity that is not related to your official State duties.  An outside activity may be an occupation, whether paid or unpaid, ownership of a business, membership on a board, volunteer work, or even a second job with the State.  An outside activity must occur outside of your regular work hours and without utilizing any government resources. 

Both policymakers and non-policymakers – should evaluate whether the intended outside activity is permissible under the provisions of Public Officers Law § 73, the conflict of interest rules of Public Officers Law § 74, and the rules and policies of their agency.  Prior to engaging in any outside activity, all covered individuals should seek advice from their agency Ethics Officer concerning the appropriateness of the activity.  Policy makers may also require approval from the Commission on Ethics and Lobbying in Government for an outside activity.

• Statewide Elected Officials

• Officers and Employees of New York State agencies (including departments, boards, bureaus, divisions, commissions, and councils) (other than unpaid and per diem officers of such entities)

• Members, directors, and employees of New York State public authorities and public benefit corporations (other than unpaid and per diem members and directors of such entities)

Policymakers may require approval from their agency alone, or from their agency and the Commission on Ethics and Lobbying, before pursuing an outside activity.  In general, the approval process is based on how much you anticipate earning through your intended outside activity.

Annual Compensation Threshold Amounts

• Greater than $1,000 - Requires your agency approval 

• Greater than $5,000 - Requires Commission on Ethics and Lobbying approval as well as your agency's prior approval submitted via the Outside Activity Approval form. 

Approval Reference Chart

State officers and employees who are also private business owners must follow the State's procurement process which requires public notice, competitive bidding, and the awarding of a contract if interested in providing goods or services to the State valued greater than $25.    Please refer to your agency guidelines prior to participating, as your agency may have stricter guidelines than what the regulations and Public Officers Law § 73 provides.

Participation in political parties and committees

Policymakers, including those in an unpaid or per diem position, are prohibited from serving:

• as an officer of any political party or political organization. (A political organization does not include campaign or fundraising committees.)

• as a member of any political party committee. This prohibition covers, for example, serving as a political party district leader or a member of the national committee of a political party.  

Restrictions on influencing Legislation

State officers and employees are prohibited from receiving any compensation, in whatever form, for the rendering of consulting, representation, advisory, or other services in connection with any proposed or pending bill or resolution in the Senate or Assembly.

If you are interested in pursuing an outside activity before any State agency that includes any of the following, you may not be paid or receive compensation in any form.

• The purchase, sale, rental, or lease of real  property, or goods or services;
• Any proceeding relating to rate making;
• The adoption or repeal of any rule or regulation having the force and effect of law; 
• The obtaining of grants of money or loans;
• Licensing or permitting; or
• Any proceeding relating to a franchise provided for in the Public Service Law.