The Ethics Law and Outside Activities

Dual Employment
CSR § 6.3
4 NYCRR 6.3
State employees holding positions in the classified service are prohibited from obtaining and holding any other paid State position, either on a full-time or part-time basis, without first obtaining the written consent of the head of their department or agency. This restriction on dual employment of classified service employees extends to second positions in all branches of State government (executive, legislative and judicial) and to the unclassified service. A willful violation of this rule is sufficient cause for disciplinary action, including removal.
POL §
73, 73-a, 74
In addition, outside activities of State officers and employees are regulated by provisions of the Public Officers Law relating to ethics. Depending on the amount to be earned, such persons must obtain the permission of their appointing authority and, in certain cases, the State Commission on Public Integrity before undertaking compensated outside activities.
Financial Disclosure
POL § 73-a
19NYCRR
932
State officers and employees who are designated as "policymakers" by their appointing authority, or who earn in excess of the job rate of SG-24, as set forth in Section 130(1)(9) of the Civil Service Law, or above and are not otherwise exempted, must file an Annual Statement of Financial Disclosure with the State Ethics Commission.
Additional Agency Restrictions
POL § 73 Even if an individual is not required to obtain such permission, outside employment must not place an employee in a situation incompatible with his or her State position, such as presenting a conflict of interest. Employees who wish to undertake outside activities should check to see whether the agency they work for places additional specific restrictions or prohibitions on such activities. As a general matter, it is expected that outside employment will be restricted to off-duty hours and will not mentally or physically impair the employee in performing the duties of the State position.
19 NYCRR 930 State officers and employees are restricted from certain business and professional activities, e.g., contracting with a State agency except pursuant to competitive bidding or accepting gifts of more than nominal value given to influence or reward official acts. Specific guidance regarding gifts of nominal value should be obtained from the Agency's Ethics Officer or the Commission on Public Integrity, which maintains a website at www.nyintegrity.org. Also, former State officers and employees may not appear before their former State agency after termination of service for two years on any matter, or before any State agency at any time after termination on a matter with which they were directly concerned and personally participated in while still in State service. In addition, political activities, and the receipt of honoraria and travel reimbursement are regulated by the Commission on Public Integrity, which also renders advisory opinions interpreting the Public Officers Law provisions addressing ethics and investigates violations.

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