N.Y. Comp. Codes R. & Regs. tit. 19 § 930.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 930.2 - Definitions

(a)Approving authority for a State officer or employee shall mean the head of a State agency or appointing authority, or his or her appropriate designee. In the case of a statewide elected official, the head of a civil department or the head of a State agency, it shall mean the New York State Joint Commission on Public Ethics.

(b)Civil department shall have the same meaning as set forth in article V, section 2 of the New York State Constitution.

(c)Commission shall mean the New York State Joint Commission on Public Ethics.

(d)Covered person shall mean:

(1) head of a civil department as defined in subdivision (b) of this section;

(2) State officer or employee as defined in subdivision (j) of this section;

(3) statewide elected official as defined in subdivision (k) of this section.

(e)Honorarium shall mean:

(1) Any payment, which may take the form of a fee or any other compensation, made to a covered person in consideration for a service performed that is not part of his or her official duties. Such service includes, but is not limited to, delivering a speech, writing, or publishing an article, or participating in any public or private conference, convention, meeting, or similar event. Honorarium shall also include expenses incurred for travel, lodging, and meals related to the service performed.

(2)Honorarium shall not mean a payment provided to a covered person who provides services for or acts on behalf of an employee organization certified or recognized under article 14 of the Civil Service Law to represent such covered person.

(f)Honorarium approval shall mean a record created by the approving authority in accordance with section 930.4(c) of this Part.

(g)Interested source shall mean any person or entity who on his or her own behalf, or on behalf of an entity, that satisfies any one of the following:

(1) is regulated by, negotiates with, appears before in other than a ministerial matter, seeks to contract with or has contracts with, or does other business with:

(i) the covered person, in his or her official capacity;

(ii) the State agency with which the covered person is employed or affiliated; or

(iii) any other State agency when the covered person's agency is to receive the benefits of the contract; or

(2) is required to be listed on a statement of registration pursuant to section 1-e(a)(1) of article 1-A of the Legislative Law and lobbies or attempts to influence actions, decisions, or policies of the State agency with which the covered person is employed or affiliated; or

(3) is the spouse or unemancipated child of any individual satisfying the requirements of paragraph (2) of this subdivision; or

(4) is involved in any action or proceeding, in which administrative and judicial remedies thereto have not been exhausted, and which is adverse to either:

(i) the covered person in his or her official capacity; or

(ii) the State agency with which the covered person is employed or affiliated; or

(5) has received or applied for funds from the State agency with which the covered person is employed or affiliated at any time during the previous 12 months up to and including the date of the proposed or actual receipt of the honorarium.

(h)Ministerial matter shall mean an administrative act carried out in a prescribed manner not allowing for substantial personal discretion.

(i)State agency shall mean any civil department; State department; or division, board, commission, or bureau of any State department or civil department; any public benefit corporation, public authority, or commission at least one of whose members is appointed by the governor. State agency shall also include the State University of New York or the City University of New York, including all their constituent units except:

(1) community colleges of the State University of New York; and

(2) the independent institutions operating statutory or contract colleges on behalf of the State.

(j)State officer(s) or employee(s) shall mean:

(1) statewide elected officials;

(2) heads of civil departments and State departments and their respective deputies and assistants other than members of the board of regents of the University of the State of New York who receive no compensation or are compensated on a per diem basis;

(3) officers and employees of statewide elected officials;

(4) officers and employees of State departments, boards, bureaus, divisions, commissions, councils, or other State agencies other than officers of such boards, commissions or councils who receive no compensation or are compensated on a per diem basis;

(5) employees of public authorities (other than multi?state authorities), public benefit corporations, and commissions at least one of whose members of such public authorities, public benefit corporations, and commissions is appointed by the Governor; and

(6) members or directors of public authorities (other than multi?state authorities), public benefit corporations, and commissions identified in paragraph (5) of the subdivision who receive compensation other than on a per diem basis.

(k)Statewide elected official shall mean the governor, lieutenant governor, comptroller, or attorney general.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 930.2

Adopted, New York State Register, Volume XXXVI, Issue 24, effective 6/18/2014