New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XX - Commission on ethics and lobbying in Government
Part 931 - OFFICIAL ACTIVITY EXPENSE PAYMENTS AND SERVICE PAYMENTS TO THE STATE: LIMITATIONS AND APPROVAL
Section 931.2 - Definitions

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 931.2

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 and the head of a State agency, it shall mean the New York State Joint Commission on Public Ethics.

(b) Commission shall mean the New York State Joint Commission on Public Ethics.

(c) Covered person shall mean:

(1) a State officer or employee as defined in subdivision (l) of this section;

(2) a statewide elected officials as defined in subdivision (m) of this section.

(d) Interested source. The term interested source shall mean any person or entity, on his or her own behalf or on behalf of an entity, that:

(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 official activity payment and/or service payment.

(e) Ministerial matter shall mean an administrative act carried out in a prescribed manner not allowing for substantial personal discretion.

(f) Official activity shall mean a covered person's attendance or service at a meeting, conference, seminar, convention, or professional program that is part of his or her official duties and benefits the covered person's State agency.

(g) Official activity expense payment shall mean a payment or reimbursement for the cost of attendance, registration, travel, food, or lodging related to a covered person's official activity as defined in subdivision (f) of this section. Official activity expense payment does not include:

(1) any payment or reimbursement for such costs when they have been bargained for by a State agency, or

(2) a service payment.

(h) Official activity approval shall mean a completed and signed record created by the approving authority in accordance with section 931.3(c) of this Part.

(i) Service shall mean any action or service performed by a covered person that is part of his or her official duties and benefits the covered person's State agency. Such action may include, but is not limited to, delivering a speech, writing or publishing an article, or making a presentation.

(j) Service payment shall mean any payment of money made in consideration for a service provided.

(k) Service payment approval record shall mean, for any service payment that has been approved by an approving authority, a completed and signed record created by the approving authority in accordance with section 931.5 of this Part.

(l) 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.

(m) 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 this subdivision who receive compensation other than on a per diem basis.

(n) Statewide elected officials shall mean the governor, lieutenant governor, comptroller, or attorney general.

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