Commission on Ethics and Lobbying in Government (COELIG)

The Ethics Reform Act of 2022 made significant changes to Executive Law § 94 and replaced JCOPE with the New York State Commission on Ethics and Lobbying in Government. Ethic laws were enacted to prevent both actual and apparent conflicts of interest between your official duties and private interests. All SUNY employees are covered by these laws. 

The Commission was created to restore public trust in government by ensuring compliance with the State’s ethics and lobbying laws and regulations. It has jurisdiction over more than 250,000 officers and employees at State agencies and departments, including commissions, boards, State public benefit corporations, public authorities, SUNY, CUNY, and the statutory closely-affiliation corporations; the four statewide elected officials; members of the Legislature and candidates for those offices; employees of the Legislature; certain political party chairpersons; and registered lobbyists and their clients.

The Commission provides information, education, and advice regarding ethics and lobbying laws and promote compliance through audits, investigations, and enforcement proceedings. It also issues formal and informal advisory opinions and promulgates regulations on the applicable laws and the effect on those subject to the Commission’s jurisdiction. The Commission promotes transparency by making required disclosures by those under its jurisdiction available to the public. These disclosures include, but are not limited to, annual financial disclosure statements filed by thousands of individuals and activity and expense reports filed by lobbyists and their clients.

The Ethics Commission Reform Act of 2022 made significant changes to the ethics training mandate in Executive Law § 94, including mandating ALL state officers and employees take live comprehensive ethics training every two years and an online ethics refresher course in the intervening years.  

At Buffalo State, Jamie Warnes is the Ethics Officer and is responsible for ensuring that both the agency and its personnel comply with the legal obligations. If you have any questions, please contact her for guidance.


Ethic laws and regulations applicable to SUNY employees

  • Public Officers Law Section 73: Outside employment and professional activities, restriction on political activities, nepotism, gifts, honorarium, travel, negotiations on future employment, and post-employment restrictions. Violations of this law carry a civil penalty of up to $40,000 and the value of any gift, compensation, or benefit received.
  • Public Officers Law Section 73-A: Financial Disclosure Statements - All covered agency employees who are "FDS Filers" under the Public Officers Law Section 73 must file their financial disclosures. Employees should not accept outside employment that impairs their impartiality in performing their State duties and responsibilities.
  • Public Officers Law Section 74: The Code of Ethics embodies the guiding principles of impartiality, confidentiality, stewardship of State resources, and integrity.
  • Public Officers Law Section 74-A: Employees shall not accept outside employment that impairs their impartiality in performing their State duties and responsibilities.
  • Public Officers Law Section 74-B and 74-C: Employees should not accept outside employment or engage in any business or professional activity that requires them to disclose confidential information they have received in their State position, nor shall they use such confidential information to further their personal interests.
  • Public Officers Law Section 74-D: Employees shall not use their State position to secure unwarranted privileges or exemptions for themselves or others. This includes but is not limited to the misappropriation to the employee or others of the property, services or other resources of the State for private business or other compensated non-governmental purposes.
  • Public Officers Law Section 74-E: Employees shall not engage in any transaction as representative or agent of the State with any business entity in which they have direct or indirect financial interest that might be reasonably tend to conflict with the proper discharge of their State duties.
  • Public Officers Law Section 74-F: In your personal and professional life, employees shall not conduct themselves in such a way that gives the reasonable impression that a person or entity can improperly influence you or enjoy your favor in the performance of your State duties.
  • Public Officers Law Section 74-G: Full-time State employees are prohibited from contracting for the provision of goods and services with entities regulated or licensed by Buffalo State. This prohibition applies to any entity in which the employee is a member and to any corporation a substantial portion of the stock of which is owned or controlled directly or indirectly by the employee.
  • Civil Service Law Section 107: (aka Hatch Act) Prohibition against certain political activities in the work place. Prohibited conduct includes: making personnel recommendations or hiring decisions based on another's political affiliation, directly or indirectly asking about the political affiliations of any employee or potential employee nor transmit such information in any medium, directly or indirectly coercing an employee to pay, lend, or contribute anything of value to a party, committee, organization or person for political purposes, or using State offices and computer networks to solicit or collect any political contributions including using the computer in your office after work to produce a brochure in support of a candidate's campaign, or sending email invitations to campaign events to friends within the agency, etc.
  • Public Officers Law Section 17: Defense and indemnification of State employees. As a New York State employee, you are subject to the Public Officer's Law. Upon initial employment, you signed an Oath of Office document Statement in Lieu of Oath which is on file in Human Resources. By agreeing to abide by the Public Officer's Law, you are entitled to be protected from financial loss arising out of a civil action brought against you for alleged negligence that occurred while conducting the duties assigned to you in the nature of your employment. This is known as indemnification.
  • Who is required to file an FDS (Financial Disclosure Statement)? Employees designated as policy makers by their agency and employees whose salary exceed the annual salary threshold. In general, part-time employees who serve in a position with an annual full-time salary that exceeds the "filing rate" are still required to file an FDS even if they actually receive less than the "filing rate" amount in any year.
  • Mandatory Ethics Trainings for FDS Filers: Employees who are newly-subject to the FDS filing requirement are required to complete the Online Ethics Orientation within three months from they date they became a policy maker or a threshold filer (either through being newly-hired, promoted or transferred).
  • Comprehensive Ethics Training Course for FDS Filers: Employees are required to complete the Comprehensive Ethics Training Course ("CETC") within two years from the date they became a policy maker or threshold filer (either through being newly-hired, promoted or transferred).  New FDS Filers who complete the CETC within three months from the date they became a policy maker or threshold filer are not required to take the Online Ethics Orientation.

Mandatory Ethics Training

As part of the Ethics Commission Reform Act of 2022, all New York State employees are required to complete ethics training every year. There are two versions of ethics training:

  1. The live Comprehensive Ethics Training Course (CETC) must be completed first and every other year following first completion. New hires are required to complete this training within 90 days of date of hire.
  2. The on-demand online refresher course must be completed in the intervening years.

Employees who have not yet taken the CETC have two options for completing this requirement:

  • Complete one of the live training sessions offered in person on campus. Please register for a session through the Workshop Registration System
  • Complete the live virtual training session through the NYS Commission on Ethics and Lobbying in Government. Training sessions are held on Tuesday and Wednesday mornings and Thursday afternoons. Please see the commission’s website for registration information. Make sure you select SUNY College at Buffalo as your agency. HRM will be notified of all course completions by employees.

Supervisors are asked to ensure that all their employees are allotted time to complete this mandatory training.


Information and Resources


Honoraria

Honoraria is a payment or other compensation offered in exchange for a professional service or activity such as delivering a speech, writing, or publishing an article, or participating in any public or private conference, convention, meeting, or similar event that is not part of the employee's official position or duties. An honorarium may include expenses incurred for travel, lodging, and meals related to the service performed. Under Public Officers Law 73 and 74, there are restrictions on the acceptance of an honorarium and there is an Honorarium Approval Request Form. Please contact Accounts Payable for guidance on processing payment.

Honoraria Checklist

  • It is not offered with the intention to influence or reward the recipient.
  • The service was not part of the individual's official duties.
  • Service was performed on other than work time or time was charged to accrued leave (not to sick leave).
  • Buffalo State resources were not used to prepare or deliver service.
  • Buffalo State funds were not used for registration, travel, lodging, or meal expenses.

Honoraria Regulations (19 NYCRR Part 930) note the following exemption:

"A member of the faculty (including an adjunct member of the faculty) at the State University of New York...  is exempt from section 930.4 and section 930.5, provided the service performed by such member of the faculty is within the subject matter of his or her official academic discipline." Therefore, prior approval of an honorarium request is not required by academic employees.