Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

New York State Regulator Adopts New Ethics Rules

By Kevin Glandon on June 20, 2014
Email this postTweet this postLike this postShare this post on LinkedIn

New York State’s lobbying and ethics regulator, the Joint Commission on Public Ethics (JCOPE), released a number of new rules, effective this week, including rules on the giving and receiving of gifts, honoraria, and payment for expenses.

JCOPE, which was established by the state’s Public Integrity Reform Act of 2011, is the first state agency to oversee ethics in both the executive and legislative branches of government.  This week’s rules are a product of JCOPE’s comprehensive review of preexisting law and advisory opinions.

The final public official gift rule creates a presumption that gifts from persons doing business with or regulated by the state of more than $15 in value are impermissible.  It is a presumption, not a ban.  But before giving a gift above the $15 limit, a donor should be confident that, if regulators looked, they would conclude that it would be unreasonable under the circumstances to think that the gift could be expected to influence official duties or was intended to influence or reward official duties.  For gifts from other persons, the presumption is reversed—i.e., they are permissible unless certain criteria are met.  As a practical matter, however, most companies will want to review those gifts closely as well.  There are also exceptions to the definition of what a “gift” is, such as attendance at certain widely attended events.

The final lobbying gift rule largely tracks the proposed rules, which we noted last year.  Like the general gift rule, gifts of more than $15 in value from a lobbyist or client are presumed impermissible but not expressly banned.  The rule also restricts gifts involving the spouses and unemancipated children of lobbyists, clients, and public officials, requiring additional scrutiny of such gifts.  Gifts by lobbyists and clients to charities that are made on behalf of, or at the recommendation of, a public official or the official’s spouse or child are also restricted if the gift could not be given directly to the official or the official’s spouse or child.

JCOPE posted guidance documents for the new general gift rule and the new lobbying gift rule.

The final rule on honoraria requires officials to seek approval prior to accepting an honorarium.  Higher-level officials are subject to additional restrictions.  Similarly, the final rule on acceptance of payments for expenses requires officials to seek approval before accepting payment for the cost of attendance, registration, travel, food, or lodging related to meetings or professional programs.

Any company active in New York may wish to consider reviewing its compliance practices to ensure that they are consistent with JCOPE’s new rules.

Photo of Kevin Glandon Kevin Glandon

Kevin Glandon is an associate in the firm’s government affairs, litigation, and white collar defense and investigations practice groups.  Glandon advises a wide range of clients regarding the Federal Election Campaign Act and FEC regulations; state and SEC pay-to-play restrictions; federal and state…

Kevin Glandon is an associate in the firm’s government affairs, litigation, and white collar defense and investigations practice groups.  Glandon advises a wide range of clients regarding the Federal Election Campaign Act and FEC regulations; state and SEC pay-to-play restrictions; federal and state campaign finance, gift, and lobbying laws; and U.S. House and Senate ethics rules.

Email
Show more Show less
  • Posted in:
    Ethics & Professional Responsibility, Government and Public Policy
  • Blog:
    Inside Political Law
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo