Amd §§87 & 73, Pub Off L; amd §2604, NYC Chart; add §801-a, Gen Muni L
Relates to contracts involving state agencies; prohibits a municipal officer or employee, for compensation, to represent private interests before any municipal agency or appear directly or indirectly on behalf of private interests in matters involving the respective municipality.
STATE OF NEW YORK
________________________________________________________________________
965
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
___________
Introduced by Sens. MURPHY, LANZA -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the public officers law and the New York city charter,
in relation to contracts involving state agencies; and to amend the
general municipal law, in relation to restrictions on appearance
before a municipal department or agency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph iv of paragraph (g) of subdivision 2 of
2 section 87 of the public officers law, as added by chapter 510 of the
3 laws of 1999, is amended and a new subparagraph v is added to read as
4 follows:
5 iv. external audits, including but not limited to audits performed by
6 the comptroller and the federal government; [or]
7 v. materials exchanged between an agency and any entity not defined as
8 an agency pursuant to this article that has not been retained by formal
9 contract or agreement; or
10 § 2. Subdivision 7 of section 73 of the public officers law is amended
11 by adding a new paragraph (a-1) to read as follows:
12 (a-1) The provisions of this subdivision shall also apply to any
13 person or entity contracting with a state agency for the period which
14 the contract remains in effect.
15 § 3. Paragraph 6 of subdivision b of section 2604 of the New York city
16 charter, as added by a vote of the people of the city of New York at the
17 general election held in November of 1988, is amended to read as
18 follows:
19 6. (a) No public servant shall, for compensation, represent private
20 interests before any city agency or appear directly or indirectly on
21 behalf of private interests in matters involving the city. For a public
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02316-01-7
S. 965 2
1 servant who is not a regular employee, this prohibition shall apply only
2 to the agency served by the public servant.
3 (b) No person or entity not defined as a public servant for purposes
4 of this charter who contracts with a city agency shall thereafter be
5 authorized to appear before any such agency for any other client for a
6 fee until after the expiration of such contract; provided, however, that
7 if such contract is with the office of the mayor, or city council, such
8 person or entity shall be prohibited from appearing before any agency
9 for any other client for a fee until after the expiration of such
10 contract.
11 § 4. The general municipal law is amended by adding a new section
12 801-a to read as follows:
13 § 801-a. Restrictions on appearance before a municipal department or
14 agency. 1. No municipal officer or employee shall, for compensation,
15 represent private interests before any municipal agency or appear
16 directly or indirectly on behalf of private interests in matters involv-
17 ing the respective municipality. For a municipal officer or employee who
18 is not a regular employee, this prohibition shall apply only to the
19 department or agency served by the municipal officer or employee.
20 2. No person or entity that is not defined as a municipal officer or
21 employee for purposes of this article who contracts with a municipal
22 agency or department shall thereafter be authorized to appear before any
23 such municipal agency or department for any other client for a fee until
24 after the expiration of such contract; provided, however, that if such
25 contract is with the chief executive officer, or the controlling legis-
26 lative body of the municipality, such person or entity shall be prohib-
27 ited from appearing before any municipal department or agency of the
28 respective municipality for any other client for a fee until after the
29 expiration of such contract.
30 § 5. This act shall take effect on the forty-fifth day after it shall
31 have become a law.
