New York regulations

Title 19 Part 932

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19 NYCRR 932.1 - Purpose of regulations

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The purpose of these regulations is to effectuate the conflicts of interests provisions of the Public Officers Law and to provide an approval procedure for outside activities by policy makers, heads of State agencies, and statewide elected officials.

19 NYCRR 932.2 - Definitions

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19 NYCRR 932.3 - General standard for all persons subject to Public Officers Law section 74

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No individual who is subject to Public Officers Law section 74, shall engage in any outside activity which interferes or substantially conflicts with the proper and effective discharge of such individual’s official State duties or responsibilities.

19 NYCRR 932.4 - Restrictions on certain political activities

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(a)No head of a State agency, statewide elected official, or policy maker (regardless of whether the person serves on an unpaid or per diem basis) shall serve as an officer, director, or board member of any party or political organization.
(b)No head of a State agency, statewide elected official, or policy maker (regardless of whether the person serves on an unpaid or per diem basis) shall serve as a member, officer, director, board member, or district leader of any party committee.
(c)Nothing in this section shall prohibit a head of a State agency, statewide elected official, or policy maker from serving as a delegate to a State or national party convention.

19 NYCRR 932.5 - Required prior approval for salaried policy makers, heads of State agencies, and statewide elected officials

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(a)A policy maker who serves the State on other than a unpaid or per diem basis, shall obtain the following approvals prior to engaging in the activities listed below:

Outside Activity Required Approvals/Actions A job, employment (including public employment), or business venture that generates, or is expected to generate, between $1,000 and $5,000 in compensation annually Approving authority must approve A job, employment (including public employment), or business venture that generates, or is expected to generate, more than $5,000 in compensation annually Approving authority and the commission must approve Holding elected or appointed public office (regardless of compensation) as an outside activity Approving authority and the commission must approve Serving as a director or officer of a for-profit entity (regardless of compensation) Approving authority and the commission must approve Serving as a director or officer of a not-for-profit entity Compensation is $0 - $999 annually Approval not required, but must notify approving authority in writing prior to commencing service Compensation is between $1,000 and $5,000 annually Approving authority must approve Compensation is more than $5,000 annually Approving authority and the commission must approve

(b)A head of a State agency or a statewide elected official shall obtain approval from the commission prior to engaging in the outside activities listed in subdivision (a) of this section.

19 NYCRR 932.6 - Approval procedures

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(a)A policy maker who requires approval pursuant to section 932.5(a) of this Part from his approving authority only, shall submit to the approving authority a written approval request prior to commencing the outside activity.
(1)The approving authority shall make its determination based on its interpretation of whether the proposed outside activity is in accordance with the applicable provisions of the Public Officers Law, commission advisory opinions, pertinent State agency policies, procedures, or regulations governing employee conduct, and such other factors as the approving authority may deem appropriate.
(b)A policy maker who also requires commission approval pursuant to section 932.5(a) of this Part shall submit to the commission a request on the outside activity approval form. The form must be completed in full, including signatures from the individual and the approving authority. The commission will not consider requests without a completed outside activity approval form.
(c)A head of a State agency or statewide elected official who requires commission approval pursuant to section 932.5(b) of this Part shall submit to the commission a request on the outside activity approval form. The commission will not consider requests without a completed outside activity approval form.
(d)With respect to outside activity requests that require commission approval, the commission shall make its determination based on its interpretation of whether the proposed outside activity is in accordance with the applicable provisions of the Public Officers Law, commission advisory opinions, regulations, and policies. The commission may require additional information as it deems appropriate.

19 NYCRR 932.7 - Previously approved outside activity: annual disclosure and material changes

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(a)Once an outside activity has been approved pursuant to section 932.6 of this Part it shall remain effective unless and until there is a material change in the individual’s State responsibilities or in the outside activity, at which point the individual must submit a new request for approval in accordance with sections 932.5 and 932.6 of this Part.
(b)On an annual basis, an individual who has received approval for an outside activity pursuant to section 932.6 of this Part, or has otherwise disclosed the not-for-profit board service pursuant to section 932.5 of this Part, must inform, in writing, his approving authority (or, in the case of a head of a State agency or a statewide elected official, that State agency’s ethics officer or other designated individual) if the individual is still engaged in the outside activity for which approval was granted. The approving authority (or, in the case of a head of a State agency or a statewide elected official, that State agency’s ethics officer or other designated individual) shall determine the time and manner in which such annual disclosure is to be made.

19 NYCRR 932.8 - Enforcement

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In addition to any penalty contained in any other provision of law, an individual’s performance of an outside activity that is in violation of Public Officers Law section 73 or 74 may subject him to a civil penalty or other commission action. Nothing herein shall limit or prohibit the State agency, approving authority, or other appropriate entity from taking disciplinary action with respect to violations of this Part or the Public Officers Law, including a fine, suspension without pay, or removal from office or employment in the manner provided by law, regulation, or collective bargaining agreement.

19 NYCRR 932.9 - Codes of ethics for uncompensated and per diem directors, members and officers

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The boards or councils whose officers or members are subject to section 73-a of the Public Officers Law and are not subject to section 73 of such law by virtue of their uncompensated or per diem compensation status and the commissions, public authorities, and public benefit corporations whose member or directors are subject to section 73-a of the Public Officers Law and are not subject to section 73 by virtue of their uncompensated or per diem compensation status shall adopt a code of ethical conduct covering conflicts of interest and business and professional activities, including outside activities, of such directors, members, or officers both during and after service with such boards, councils, commissions, public authorities, and public benefit corporations. Such codes of ethical conduct shall be filed with the commission.

19 NYCRR 932.10 - Agencies permitted more restrictive rules

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Nothing contained in this Part shall prohibit any State agency from adopting or implementing its own rules, regulations, or procedures with regard to outside activities that are more restrictive than the requirements of this Part.

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