Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Approving authority for a State officer or employee shall mean
the head of a State agency or appointing authority, or his or her appropriate
designee. In the case of a statewide elected official, the head of a civil
department or the head of a State agency, it shall mean the New York State
Joint Commission on Public Ethics.
(b)
Civil department shall
have the same meaning as set forth in article V, section 2 of the New York
State Constitution.
(c)
Commission shall mean the New York State Joint Commission on
Public Ethics.
(d)
Covered
person shall mean:
(1) head of a
civil department as defined in subdivision (b) of this section;
(2) State officer or employee as defined in
subdivision (j) of this section;
(3) statewide elected official as defined in
subdivision (k) of this section.
(e)
Honorarium shall mean:
(1) Any payment, which may take the form of a
fee or any other compensation, made to a covered person in consideration for a
service performed that is not part of his or her official duties. Such service
includes, but is not limited to, delivering a speech, writing, or publishing an
article, or participating in any public or private conference, convention,
meeting, or similar event. Honorarium shall also include expenses incurred for
travel, lodging, and meals related to the service performed.
(2)
Honorarium shall not
mean a payment provided to a covered person who provides services for or acts
on behalf of an employee organization certified or recognized under article 14
of the Civil Service Law to represent such covered person.
(f)
Honorarium approval
shall mean a record created by the approving authority in accordance with
section
930.4(c)
of this Part.
(g)
Interested source shall mean any person or entity who on his
or her own behalf, or on behalf of an entity, that satisfies any one of the
following:
(1) is regulated by, negotiates
with, appears before in other than a ministerial matter, seeks to contract with
or has contracts with, or does other business with:
(i) the covered person, in his or her
official capacity;
(ii) the State
agency with which the covered person is employed or affiliated; or
(iii) any other State agency when the covered
person's agency is to receive the benefits of the contract; or
(2) is required to be listed on a
statement of registration pursuant to section 1-e(a)(1) of article 1-A of the
Legislative Law and lobbies or attempts to influence actions, decisions, or
policies of the State agency with which the covered person is employed or
affiliated; or
(3) is the spouse or
unemancipated child of any individual satisfying the requirements of paragraph
(2) of this subdivision; or
(4) is
involved in any action or proceeding, in which administrative and judicial
remedies thereto have not been exhausted, and which is adverse to either:
(i) the covered person in his or her official
capacity; or
(ii) the State agency
with which the covered person is employed or affiliated; or
(5) has received or applied for
funds from the State agency with which the covered person is employed or
affiliated at any time during the previous 12 months up to and including the
date of the proposed or actual receipt of the honorarium.
(h)
Ministerial matter shall
mean an administrative act carried out in a prescribed manner not allowing for
substantial personal discretion.
(i)
State agency shall mean
any civil department; State department; or division, board, commission, or
bureau of any State department or civil department; any public benefit
corporation, public authority, or commission at least one of whose members is
appointed by the governor. State agency shall also include the
State University of New York or the City University of New York, including all
their constituent units except:
(1) community
colleges of the State University of New York; and
(2) the independent institutions operating
statutory or contract colleges on behalf of the State.
(j)
State officer(s) or
employee(s) shall mean:
(1)
statewide elected officials;
(2)
heads of civil departments and State departments and their respective deputies
and assistants other than members of the board of regents of the University of
the State of New York who receive no compensation or are compensated on a per
diem basis;
(3) officers and
employees of statewide elected officials;
(4) officers and employees of State
departments, boards, bureaus, divisions, commissions, councils, or other State
agencies other than officers of such boards, commissions or councils who
receive no compensation or are compensated on a per diem basis;
(5) employees of public authorities (other
than multi?state authorities), public benefit corporations, and commissions at
least one of whose members of such public authorities, public benefit
corporations, and commissions is appointed by the Governor; and
(6) members or directors of public
authorities (other than multi?state authorities), public benefit corporations,
and commissions identified in paragraph (5) of the subdivision who receive
compensation other than on a per diem basis.
(k)
Statewide elected
official shall mean the governor, lieutenant governor, comptroller, or
attorney general.
