Advisory Opinions
The Commission on Public Integrity issues advisory opinions interpreting Public Officers Law sections 73, 73a, and 74, commonly referred to as the "Ethics Law", Civil Service Law section 107 and the Legislative Law Article one-a, commonly referred to as "the Lobbying Act". Upon request, the Commission issues formal opinions upon approval of a majority of the Commission members. Formal opinions, which are made public, are binding on both the Commission and the individual requesting the opinion in any subsequent proceeding, provided the requesting individual acted in good faith and neither omitted nor misstated any material facts on which the formal opinion is based. Each formal opinion discusses the application of the law to the particular facts presented in the request and serves as precedent for future cases.
When formal opinions have established precedent or the law is clear, the Commission will issue informal advisory opinions. Issued by the Executive Director or designee, written informal opinions are not binding on either the Commission or the requesting individual, but serve as guidance. The Executive Director is authorized to determine whether there is controlling precedent or whether the scope of the inquiry requires a formal opinion. Individuals who receive informal opinions, which are confidential, may request a formal opinion from the Commission.
Please note that Chapter 14 of the Laws of 2007 does not revoke or rescind advisory opinions issued by the New York Temporary State Commission on Lobbying and State Ethics Commission to the extent these opinions are consistent with present State law. In that connection, opinions issued prior to the effective date of Chapter 14 (September 22, 2007) are currently under review by the Commission. Prior to April 1, 2008, the Commission will report to the Governor and the Legislature the results of this review and issue any advisory opinions necessitated by such review.
Advisory Opinions Issued by the Commission on Public Integrity
Advisory Opinions Issued by Former Lobbying Commission | Advisory Opinions Issued by Former Ethics Commission: 1988–1999, 2000-2007