New York regulations

Title 19 Part 930

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19 NYCRR 930.1 - Purpose and Effect of Regulations

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(a)The purpose of these regulations is to establish the procedures and conditions for approval and acceptance of honoraria by specified New York State officials and employees.
(b)The effect of these regulations is to supersede prior regulations and any advisory opinions or other guidance issued by predecessor agencies to the Joint Commission on Public Ethics to the extent such advisory opinions and guidance are inconsistent with this Part.

19 NYCRR 930.2 - Definitions

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19 NYCRR 930.3 - Certain covered persons prohibited from receiving payment for speeches

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Notwithstanding any other provision of this Part and pursuant to Public Officers Law section 73(5-a)(b), no statewide elected official or any head of a civil department shall, directly or indirectly, solicit, accept, or receive any payment made in consideration for any speech given at a public or private conference, convention, meeting, social event, meal, or like gathering.

19 NYCRR 930.4 - Approval procedures

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(a)An honorarium must be approved by the covered person’s approving authority in accordance with this Part.
(b)Within a reasonable period of time prior to the performance of the service for which an honorarium is offered, or to the receipt of the honorarium, a covered person shall submit to his or her approving authority a written request for approval to accept the honorarium.
(c)The approving authority shall review and approve a request to accept an honorarium in accordance with the procedures and conditions set forth in sections 930.4 and 930.5 of this Part. The honoraria approval shall contain the information set forth in paragraphs (1) through (5) of this subdivision:
(1)the name of the covered person accepting the honorarium;
(2)identity of the offeror and nature of the offeror’s business;
(3)a detailed description of the service for which the honorarium is offered, including the date and location where the service will be performed;
(4)the amount of the honorarium and, where applicable, and itemization of amounts paid for the service, attendance, registration, travel, lodging, and meals; and
(5)a statement that the approving authority has approved the honorarium in accordance with the conditions set forth in section 930.5 of this Part.
(d)The approving authority shall retain all completed and signed honorarium approvals for a period of three years from the receipt date of the honorarium and shall be made available to the commission upon its request.
(e)The approving authority shall provide the covered person with a copy of the honorarium approval.

19 NYCRR 930.5 - Conditions for approval

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(a)An approving authority may approve a request to accept an honorarium provided the following conditions are met:
(1)State personnel, equipment, and time are not used in preparing the service for which an honorarium is offered;
(2)no State funds (including funds from any New York State public authority or any public benefit corporation) are used to pay the covered person’s attendance, registration, travel, lodging, or meal expenses related to the service for which an honorarium is offered;
(3)if the service is to be performed during the covered person’s official work day, he or she must charge accrued leave (other than sick leave) to perform such service;
(4)if the honorarium 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 honorarium was intended to influence the covered person in the performance of his or her official duties.
(ii)The honorarium could not, under the circumstances, reasonably be expected to influence the covered person in the performance of his or her official duties.
(iii)The honorarium is not, under the circumstances, intended as a reward for any official action on his or her part;
(5)The approving authority determines that the offeror is not being used to conceal that the honorarium is actually offered or paid by an interested source; and
(6)Performing the service for which the honorarium is offered and accepting the honorarium do not violate Public Officers Law section 74.

19 NYCRR 930.6 - Minimum requirements

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Nothing contained in this Part shall prohibit any State agency from adopting or implementing its own rules, regulation or procedures governing honoraria that are more restrictive than the requirements of this Part.

19 NYCRR 930.7 - Exemption

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A member of the faculty (including an adjunct member of the faculty) at the State University of New York and the City University of New York, including all their constituent units except community colleges of the State University of New York and the independent institutions operating statutory or contract colleges on behalf of the State, and a State officer or employee serving in the title of research scientist, cancer research scientist, research physician, research psychiatrist or psychiatrist, is exempt from sections 930.4 and 930.5 of this Part, provided the service performed by such member of the faculty is within the subject matter of his or her official academic discipline.

19 NYCRR 930.8 - Enforcement

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The commission is authorized pursuant to Executive Law section 94 to investigate possible violations of Public Officers Law sections 73 and 74 and their corresponding regulations and take appropriate action as authorized in these statutes.

19 NYCRR 930.9 - Reporting

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Any covered person who is required to file a financial disclosure statement pursuant to section 73-a of the Public Officers Law, including those persons qualifying for an exemption under section 930.7 of this Part, shall report any honorarium in excess of $1,000 (or all honoraria the aggregate total of which exceed $1,000 received from a single offeror) in his or her financial disclosure statement for the applicable year.

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