Human Resource Management

Ethic laws were enacted to prevent both actual and apparent conflicts of interests between official duties and private interests. The Public Integrity Reform Act of 2011 (PIRA) became effective on August 15, 2011. It established the Joint Commission of Public Ethics (JCOPE) which expanded the existing functions and jurisdiction of the former Commission on Public Integrity. The jurisdiction of JCOPE includes all SUNY employees. 

Joint Commission on Public Ethics (JCOPE) plays a significant role in the operation and oversight of government, promoting integrity by helping those in public service understand their ethical obligations, ensuring transparency through rigorous public reporting disclosures, and providing accountability through enforcement actions to address ethical misconduct. JCOPE provides resources for state officers and officials and the general public including information on the Commission’s activities, as well as training and guidance for those subject to its jurisdiction. 

At Buffalo State College, Lydia Kawaler is the ethics officer.  If you have any questions, please contact her at 878-4822.  She provides guidance to employees on compliance with the ethics laws and is responsible for ensuring that both the agency and its personnel comply with the legal obligations.

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.
• 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.
• Public Officers Law Section 74: The Code of Ethics and Conflict of Interests - Faculty and staff of the State University of New York (University) are encouraged to foster an atmosphere of academic freedom by promoting the open and timely exchange of scholarly knowledge independent of personal interests and are required to avoid conflicts of interest.
• Civil Service Law Section 107: Prohibition against certain political activities; improper influence.
• 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: JCOPE provides online ethics trainings for all FDS Filers. Employees who are newly-subject to the FDS filing requirement are required to complete the JCOPE 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: FDS Filers 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.
• Ethics Seminar: On a continuing basis, FDS Filers are required to complete the Ethics Seminar every three years from the date they completed the CETC. The seminar is an update on any changes in the applicable ethics laws, regulations and policies.

Information and Resources:

• JCOPE extends 2019 filing date from May 15 to August 17, 2020 - UPDATE 4/14/2020
• Plain Language Guide to the State Ethics Laws
• Plain Language Guide to the Public Officers Law and Other Related Ethics Laws
• Public Officers Laws
• Public Officers Law Handbook for State Employees
• Training via Statewide Learning Management System (login) | Navigating the FDS Online Filing System for SUNY Filers  | Quick Reference Guide
• Do you need ethics training?
• Logistics and Instructions to Access JCOPE Webinar Trainings from April - August 2020
• Request FDS filing exemption (not applicable to policy makers)
• Conflict of Interest Policy (SUNY)

as well as: 

• Gifts
• Conflicts of Interest
• Accepting Free Textbooks from Publishers
• Are you a student intern in a State agency?
• Contracting with the State?  What a State employee can and cannot do
• Campaign Season
• Looking for a new job?  Remember the 30–day rule
• Nepotism
• Outside Activities
• Post Employment Restrictions
• Use of Agency Letterhead
• What about the appearance? Limits on working an outside job under the Public Officers Law
• Work or volunteer outside the office? | Outside Activity Approval Form | Title 19 NYCRR Part 932 - 

  Within the University, policy makers generally are considered to be those employees at the level of Dean and above at the campuses. All policy makers are prohibited from serving as an officer of a political party or political organization or as a member of a national committee of a political party. The regulations further require that salaried policy makers obtain the prior approval of their appointing authority (campus or system administration) and the State Ethics Commission before holding other public office or engaging in other public employment for more than nominal compensation; engaging in any private employment, business or other activity (including not-for-profit) for more than the defined nominal compensation; and serving as director or officer of a for-profit corporation or institution, regardless of compensation.

Honoraria

Honoraria is any payment, which may take the form of a fee or any other compensation, made to a covered person in consideration for a service performed that is not part of his or her official duties. Such service includes, but is not limited to, delivering a speech, writing, or publishing an article, or participating in any public or private conference, convention, meeting, or similar event. Honorarium shall also include expenses incurred for travel, lodging, and meals related to the service performed. JCOPE provides an Honorarium Approval Request Form.  Accounts Payable provides guidance on processing payment.

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.