Professional Documents
Culture Documents
services or other resources of the state for private business or other compensated
nongovernmental purposes.
Clearly, the member may not identify himself as a Member of the Assembly in his "Of
Counsel" position. As a best practice, I would also recommend that his name not be
included on the RFP.
It should also be noted that should the project have any issues with the state, that the
member would be limited in his ability to appear before state agencies pursuant to Public
officers Law Section 73(7)(a) which reads in relevant part:
7. (a) No ....member of the legislature...shall receive, directly or indirectly, or enter into any
agreement express or implied for, any compensation, in whatever form, for the appearance
or rendition of services by himself or another in relation to any case, proceeding, application
or other matter before a state agency where such appearance or rendition of services is in
connection with:
(i) the purchase, sale, rental or lease of real property, goods or services, or a contract
therefor, from, to or with any such agency;
(ii) any proceeding relating to rate making;
(iii) the adoption or repeal of any rule or regulation having the force and effect of law;
(iv) the obtaining of grants of money or loans;
(v) licensing; or
(vi) any proceeding relating to a franchise provided for in the public service law
Finally, the member will be required to appropriately report the employment on his Annual
Statement of Financial Disclosure, including possibly Question
5(a) (significant business with a local agency); 8(a) (practice of law and specific duties); 13
(income)
and possible reporting of the client, depending upon when he actually takes the
client and the amount paid for services.
Please let me know if you or the member have any additional questions or concerns. If the
member would like a formal, binding opinion on this matter in the future, please let me
know.
Lisa
Lisa P. Reid
Executive Director/Counsel
Legislative Ethics Commission
(518)432-7837
Senate ext. 2142
Assembly ext. 5218