New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 941 - Adjudicatory Proceedings and Appeals Procedure › Section 941.16 - Privacy/confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Executive Law
				§ 94 provides that proceedings, as well as information and evidence
				obtained, relating to the Commission's determination as to whether a
				substantial basis exists that there has been a violation of the laws it
				enforces are confidential while a matter is pending and unless and until the
				Commission issues a report, except that the Commission may authorize the
				disclosure of such information to the extent necessary in furtherance of its
				investigations.
(b) Notwithstanding
				any other provision of law, pursuant to Executive Law 94(11) the Commission, by
				majority vote of the full Commission in accordance with section 94(4)(h), may
				disclose to any person or entity outside the Commission any testimony or
				information obtained by a Commissioner or staff upon a determination that such
				disclosure is in the public interest as set forth below. Disclosure so
				authorized may be by full public release or to designated persons or entities
				as directed by the Commission. The Commission may further direct that
				disclosure to designated persons or entities be conditioned upon the
				recipient's agreement to maintain confidentiality and to limit further
				dissemination.
(c) In determining
				whether release or disclosure of information relating to a matter is in the
				public interest, the Commission may consider any one or more of the following
				criteria:
(1) Whether the Complainant,
				Victim, Subject or Respondent has made public statements relating to an
				allegation submitted to the Commission;
(2) Whether the Complaint itself or the
				allegations therein have been publicly disclosed by the Complainant, Victim, or
				others;
(3) Whether the identity of
				the Complainant or Victim is a matter of public knowledge;
(4) Whether the fact of the Commission's
				inquiry or investigation is public knowledge;
(5) Whether the matter, in the judgment of or
				as determined by the Commission, is, or involves facts or issues that are, of
				significant public concern;
(6)
				Whether disclosure relating to the matter will address public safety
				concerns;
(7) Whether there are
				public calls for an investigation;
(8) Whether there is a need for public
				assurance that the Commission is or has considered the matter;
(9) Whether there have been any inaccurate or
				misleading statements made publicly about the Commission's action or inaction
				with respect to the matter;
(10)
				Whether the allegation is an attempt to utilize the Commission for partisan
				political or electoral gain;
(11)
				Whether there is pending civil litigation that is related, directly or
				indirectly, to the allegations, and if so, whether the information will be used
				to impact the litigation in a manner that is relevant to the proceedings or
				appears to be aimed at harassment of a party;
(12) Whether a prosecutor has asked the
				Commission to defer action, and if so, whether in the view of the requesting
				prosecutor disclosure would adversely affect the criminal action;
(13) Whether there are alleged victims who
				have a particular interest in the proceeding;
(14) Whether the Commission's ability to
				proceed is inhibited because of a lack of jurisdiction over the Subject or
				conduct; and
(15) Any other factor
				the Commission deems relevant to determining whether the release of such
				information is in, or would otherwise serve, the public
				interest.