New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.1 - Executive order no. 1: establishment of ethical conduct guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, government employment is a privilege rather than a
					 right, and is based upon the trust and confidence placed in the State's workers
					 by the public; and
WHEREAS, all State employees therefore must act in a manner
					 consistent with that public trust, and must not take any actions that are
					 intended, or appear to be intended, to achieve personal gain or benefit;
					 and
WHEREAS, employees and officers of State agencies and
					 public authorities are subject to certain ethical statutes and rules, including
					 but not limited to the State Code of Ethics (Section 74  of the Public Officers
					 Law), statutory restrictions on business and professional activities (Section 73  of the Public Officers Law), and opinions issued by the State Ethics
					 Commission; and
WHEREAS, there are some areas where New York's existing
					 statutes governing ethical standards can and should be improved; and
WHEREAS, until that occurs through legislative action, it
					 is appropriate to take steps to ensure that as many State employees and
					 officers as possible maintain the highest ethical and professional
					 standards;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 Laws of the State of New York, do hereby order as follows:
1. Definitions
"Agency" shall mean any state agency, department, office,
					 board, commission or other instrumentality of the State, other than a public
					 authority.
"Public authority" shall mean a public authority or public
					 benefit corporation created by or existing under any State law, at least one of
					 whose members is appointed by the Governor (including any subsidiaries of such
					 public authority or public benefit corporation), other than an interstate or
					 international authority or public benefit corporation.
2. Application
This order shall apply to all State agency officers and
					 employees who serve at the pleasure of the Governor or their appointing
					 authority, and to all members of all public authorities who are appointed by
					 the Governor. Each public authority shall adopt policies or rules applying the
					 restrictions set forth below to all officers and employees who serve at the
					 pleasure of their appointing authority.
3. Prohibition Against the Receipt of Gifts
Subject to the conditions set forth below, all individuals
					 covered by this executive order are prohibited from accepting gifts or
					 gratuities of more than nominal value where the circumstances would permit the
					 inference that:
(a) the gift was
				  intended to influence the individual in the performance of official business;
				  or
(b) the gift constituted a tip,
				  reward, or sign of appreciation for any official act by the employee. This
				  prohibition shall apply notwithstanding Public Officers Law § 73(5), which
				  provides that gifts up to $75 may be allowed in certain
				  circumstances.