Current through Register Vol. 46, No. 12, March 20, 2024
(a)
An approving authority may approve a request for an official activity expense
payment or service payment provided the following conditions are met:
(1) The official activity expense payment or
service payment covers only the period of time that the covered person is
reasonably required to be present for such official activity.
(2) If the official activity expense payment
or service payment is offered by or on behalf of an interested source, all of
the following criteria must be met:
(i) It is
not reasonable, under the circumstances, to infer that the official activity
expense payment or service payment was intended to influence the covered person
in the performance of his or her official duties.
(ii) The official activity expense payment or
service payment could not, under the circumstances, reasonably be expected to
influence the covered person in the performance of his or her official
duties.
(iii) The official activity
expense payment or service payment is not, under the circumstances, intended as
a reward for any official action on his or her part.
(3) The official activity expense payment, if
not made by the offeror, could be lawfully paid by the State agency in
accordance with its travel policy.
(4) The official activity expense payment is
made on behalf of the covered person at a rate not greater than the rate at
which the State agency would pay or reimburse the covered person under its
travel policy.
(5) The approving
authority determines that the offeror is not being used to conceal that the
official activity expense payment or service payment is actually offered or
paid by an interested source.
(6)
The official activity and the corresponding official activity expense payment
or service payment is consistent with Public Officers Law section 74.
(b) If a covered person's official
activity includes a service and an offer for a service payment, in connection
with such official activity, the approving authority shall approve the service
payment provided such official activity comports with the conditions set forth
in this section. The approving authority shall direct that such service payment
shall be made directly to the general fund of the State or to such fund as is
appropriate for a public authority, public benefit corporation, or commission
not funded through State general fund appropriation.
