The New York State Commission on Ethics and Lobbying in Government, after conducting a multi-year comprehensive review of the laws, regulations and advisory opinions that govern its work, put several proposals before the public for consideration.
The proposals were developed following public hearings in 2023 and 2024, as well as a roundtable discussion, and two 2024 surveys of regulated communities, partner entities and other stakeholders – one for ethics and conflicts of interest, and one for lobbying.
The idea behind the comprehensive review is to answer the following questions:
- Is New York State’s ethics and lobbying regulation system effective?
- What changes, if any, should be considered?
The feedback from those efforts led to the proposals in the areas of:
Ethics Advice and Guidance:
- Clarify regulations relating to outside activity approval requiring commission approval for agency heads;
- Clarify gift thresholds at $15 for all gifts; and
- Create a mentorship program to promote uniform and rigorous application of ethics laws and regulations.
Training and Education:
- Authorize commission to impose late fees on lobbyists and clients who fail to timely comply with mandated ethics training.
Financial Disclosure:
- Require electronic filing of all financial disclosure statements;
- Consider imposing late fees on failure to file financial disclosure statements by May 15; and
- Amend regulations to allow commission with funding and authority to post the financial disclosure statements of all primary and general election candidates for statewide office and the legislature.
Lobbying Activity:
- Limit or prohibit or otherwise regulate campaign donations, as well as services provided or directed;
- Amend the Lobbying Act to require lobbyists and clients to report campaign contributions on their lobbying filing;
- Amend the Lobbying Act to require Responsible Parties and others who prepare lobbying reports to take trainings;
- Amend the Lobbying Act to allow for late fees on late amendments to client semi-annual and bi-monthly reports;
and - Amend the Lobbying Law to require lobbyists to disclose the client’s position (e.g., support, oppose, support w/ amendment, oppose unless amended) for each bill they lobby on during the filing period.
Communications and Data Accessibility:
- Amend the law to state specifically which materials related to investigations and enforcement, as well as guidance requests, must remain confidential, and which must be disclosed when requested.
Compliance Audit and Review:
- Provide commission with additional resources to expand audit and review function.
Investigations and Enforcement:
- Add penalties for certain violations of the Public Officers Law which have none currently; and
- Enact legislation to authorize the commission to direct the imposition of discipline, including suspension or discharge, upon a substantial basis determination, whether or not financial penalties are being, or may be, imposed.
In total, the Commission on Ethics and Lobbying in Government developed 43 Comprehensive Review Proposals from the feedback.
The commission solicited feedback on the proposals at a Sept. 25 public meeting at the New York City Bar Association, as well as online.
The next step is to adopt and implement those proposals the commission sees as most aligned to the mission of an effective ethics and lobbying regulation system.
Our Political Law and Government Compliance and Investigations practice groups are closely monitoring the process and potential changes. If you have questions or concerns, please reach out to attorney Zana M. Beck at (518) 701-2774 and zbeck@harrisbeachmurtha.com; Jared Kasschau at (516) 880-8106 and jkasschau@harrisbeachmurtha.com; or to the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York state in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains, as well as in Boston, Massachusetts, and Newark, New Jersey.
