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New York Public Ethics Law
In New York, the Anti-Corruption Solicitation Law governs ethical conduct among public officials, prohibiting certain solicitations and the receipt of undue gifts. This article details the scope, prohibited actions, penalties, and reporting procedures under the law.
contents
1. New York Public Ethics Law: Overview and Covered Parties
This law aims to ensure that public officials and related individuals uphold integrity and independence in the performance of their duties. It prohibits undue solicitations and restricts the acceptance of gifts, regardless of intent or outcome.
New York Public Ethics Law: Covered Entities
The law applies to a broad range of individuals and institutions including:
- All state and municipal government agencies and officials
- Employees of public authorities, commissions, and boards
- Officers and faculty at public and charter schools
- Spouses of public officials if benefiting from solicitation
- Private contractors deemed to perform public functions (e.g., court-appointed attorneys, public health doctors)
These categories are consistent with New York’s Public Officers Law § 73 and the Joint Commission on Public Ethics (JCOPE) guidelines.
2. New York Public Ethics Law: Prohibited Conduct and Exceptions
The law prohibits both solicitation by any individual and acceptance of a solicitation by a public official if the purpose is to influence the official's public duties.
New York Public Ethics Lawk: Prohibited Conduct
A solicitation is prohibited when it involves:
- Influencing licensing or permit decisions
- Reducing or dismissing administrative or criminal sanctions
- Manipulating hiring, promotion, or dismissal of public employees
- Interfering with contract or subsidy allocations
- Leaking confidential bid or procurement information
- Influencing school admissions, evaluations, or grades
- Affecting judicial or prosecutorial decisions
Additionally, any solicitation done through a third party with the same goal is also considered a violation.
New York Public Ethics Law: Permissible Acts
Certain actions are excluded from violation if done properly and transparently:
- Formal petitions or applications submitted in accordance with the law
- Public expressions of concern or collective complaints
- Requests for information or clarification on status of an application
- Inquiries about statutory deadlines or procedural rights
- Official lobbying with appropriate registration and disclosures
3. New York Public Ethics Law: Gift and Benefit Restrictions
New York has stringent limits on gifts offered to public officials, particularly those with duties tied to procurement or regulatory authority.
New York Public Ethics Law: Banned Gift Transactions
It is illegal for public officials to accept gifts, even if there’s no direct quid pro quo, under these conditions:
- A single item valued over $75, or cumulative gifts over $100 annually from one source
- Any form of cash or cash equivalents (checks, gift cards)
- Personal hospitality disguised as official business
New York Public Ethics Law: Exceptions to Gift Prohibitions
Allowed under certain circumstances:
| Type of Item | Permissible if... |
|---|---|
| Meals or beverages | Under $15 per occasion, infrequent, not tied to decision-making |
| Commemorative items | Nominal value (e.g., plaques, certificates) |
| Gifts from close family members | Not influenced by public duties |
| Gifts related to official events | Widely offered to all attendees without favor |
4. New York Public Ethics Law: Penalties and Enforcement
Violations of the Anti-Corruption Solicitation Law can result in both administrative and criminal consequences, depending on the severity.
New York Public Ethics Law: Sanctions for Unlawful Solicitation
- Individuals soliciting on behalf of third parties: Fines up to $10,000
- Officials receiving such solicitations: Fines up to $30,000
- Officials who act upon the solicitation: Up to 2 years’ imprisonment or a $20,000 fine
New York Public Ethics Law: Sanctions for Gift Violations
- If value exceeds $1,000: If the gift is part of a quid pro quo or bribery arrangement, felony charges may apply under the Penal Law
- Under $1,000: Civil penalty between 2x–5x the value of the gift
Penalties may also include suspension, demotion, or dismissal for government employees.
5. New York Public Ethics Law: Duty to Report and Investigation Flow
Any public employee who receives an improper solicitation must reject it and report it internally. The process ensures documentation and transparency.
New York Public Ethics Law: How Reporting Works
- Step 1: The employee must explicitly refuse the request and log the incident
- Step 2: If repeated, report to the agency ethics officer or Inspector General
- Step 3: The agency must evaluate and, if needed, refer the case to law enforcement
- Step 4: All actions and findings are documented and, in certain cases, made public
In addition, the New York State Commission on Ethics and Lobbying in Government (COELIG) may take up investigations when appropriate.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
