The New York Joint Commission on Public Ethics appointed Sanford Berland as the new executive director.

Berland previously served as state judge in both the Court of Claims and Supreme Court of New York.

Before his appointment, the position had been vacant for two years.

Berland becomes the fourth executive director in the ethics agency’s history.

The Joint Commission on Public Ethics opened the online Lobbying Application for the submission of bimonthly reports and posted updated PDF forms.

Additional time has been provided to file bimonthly reports covering the January 1 to February 28 reporting period.

These reports will be considered timely if submitted by March 22, 2021.

JCOPE recommends users review statement of registrations before filing the bimonthly reports.

In certain cases, information not previously reported in a registration cannot be added directly to the report and requires an amended registration or updated organization profile.

Resources to help navigate the Lobbying Application can be found at https://jcope.ny.gov/2021-22-lobbying-biennial-period-information.

For any questions or technical assistance, please contact the JCOPE Helpdesk at helpdesk@jcope.ny.gov or by phone at 518-474-3973.

New York Gov. Andrew Cuomo appointed attorney Camille Joseph Varlack as the new chair of the Joint Commission on Public Ethics.

The appointment comes after the former chairman, Michael Rozen, resigned on February 10.

Ms. Varlack is a partner at the Manhattan law firm Bradford, Edwards, & Varlack, and previously served in Gov. Cuomo’s administration as an aide, deputy director of state operations, chief risk officer, and special counsel.

The appointment of Ms. Varlack takes effect immediately.

The Joint Commission on Public Ethics (JCOPE) announced additional time to file registrations and reports due in January 2021.

Any filing due in January will be considered timely filed if submitted by January 29, 2021.

The extension is in response to the breadth of changes to the lobbying regulations taking effect January 1, 2021, and the corresponding changes to the online filing system.

Additional guidance relating to upcoming registrations and verification of user profiles is expected soon.

The 2021-2022 Statement of Registration is expected to launch on December 16, 2020.

The Joint Commission on Public Ethics (JCOPE) published the second draft of proposed revisions to state lobbying regulations.

JCOPE adopted the revisions on an emergency basis and submitted Notices of Emergency Adoption for each.

The revisions will be effective January 1, 2021; cover lobbying activity in the 2021-22 biennial lobbying period; and be applicable to registrations, bi-monthly reports due March 15, 2021, and client semi-annual reports due July 15, 2021.

Key revisions include changes to the definition of designated lobbyist, direct lobbying activities by volunteers, grassroots lobbying, coalitions, and prohibitions relating to the receipt of stock options as compensation.

Revisions to the source of funding regulations address segregated funds for out-of-state activities and reporting of anonymous contributions.

JCOPE is requesting comments on the revised regulations as soon as possible.

The 45-day comment period runs until December 28, 2020.

On October 1, the Joint Commission on Public Ethics (JCOPE) announced the final draft of Advisory Opinion 20-02, providing guidance to identify the permissibility of a gift to a third party at the direction of or on behalf of a public official.

Statutes and regulations presumptively prohibit a gift to a public official from an interested source or gifts to a third party solicited by a public official or an intermediary.

Advisory Opinion 20-02 allows the presumption of impermissibility to be overcome by taking into account specific situations including: the nature or purpose of the gift; nature of the donor’s pending business with the official; and prior history of gifts to the cause or third-party organization.

JCOPE will determine whether a gift violates the law or overcomes the presumption on a case-by-case basis.

The New York Joint Commission on Public Ethics introduced a new feature on the state Lobbying Application.

Their aim is to minimize the risk of duplicate profiles and improve functionality.

Additionally, this feature allows creating or claiming an organization profile (lobbyist, client, public corporation, or coalition).

In turn, this allows information to prepopulate a client’s semiannual report, provide more transparency, increase reliability, and reduce filing delays.

JCOPE also announced the mechanism to assign an individual as a Chief Administrative Officer and Delegated Administrator has changed.

To authorize an individual for either of these specific roles, the individual’s user identification number must be provided.

The ability to assign an individual as the CAO or the DA merely by entering their first and last name in a search field has been eliminated.

Any questions about navigating the Lobbying Application may be directed to the JCOPE Lobbying Helpdesk at (518) 474-3973 or by emailing helpdesk@jcope.ny.gov.

The Joint Commission on Public Ethics announced the suspension of the Lobbying Random Audit Program to avoid unnecessary administrative burden during the COVID-19 emergency.

Effective immediately, no new audits will be initiated by JCOPE until further notice.

Complying with ongoing audits is voluntary until the commission resumes the audit program.

Any questions regarding this policy should be emailed to helpdesk@jcope.ny.gov, with ‘Audit’ in the subject line.

The Joint Commission on Public Ethics (JCOPE) sent out a statement clarifying an earlier email reminder regarding lobbyist bimonthly filings due this week.

The previous email reminder was sent out to JCOPE’s distribution list containing clients, lobbyists, and other entities no longer registered in New York.

The email reminder was only relevant for lobbyists filing bimonthly reports covering the period of September through October.

Client filings are not due again until January 15, 2020.

The Joint Commission on Public Ethics (JCOPE) launched new search function capabilities from its lobbying application.

JCOPE website users can now choose “Lobbying Focus” to search for recorded lobbying on specific bills, resolutions, and regulations at both the state and municipal levels.

The new “Parties Lobbied” tool allows users to see which specific agencies or lawmakers were lobbied and on what subject.

The public search is available at https://jcope.ny.gov/lobby-data-demand.

The New York State Joint Commission of Public Ethics announced an extension for the submission of bimonthly reports for the May to June reporting period until July 31.

JCOPE extended the deadline due to ongoing technical difficulties with the online Lobbying Application.

This extension corresponds with the previously announced extension for client semiannual reports and source of funding disclosures.

The commission is working to fix the issues and further updates will be announced on the JCOPE website.

On November 28, 2018, a lawsuit had been filed against the Joint Commission on Public Ethics to stop the commission’s Comprehensive Lobbying Regulations from going into effect on January 1, 2019.

David Grandeau, a former lobbying enforcement official and one of three petitioners in the lawsuit, argued the commission lacks the authority to create regulations that expand and amend New York’s Lobbying Act.

On December 19, a settlement was reached between the two parties. As a result, the comprehensive regulations are defined as a “statement’’ for how the commission plans to administer and enforce state lobbying law.

The New York Joint Commission On Public Ethics (JCOPE) has launched the registration and related reportable business relationship filing section of the new lobbying reporting system.

Each Statement of Registration must be accompanied by a copy of an executed contract or Lobbying Agreement form (if a contract exists), or a signed, written lobbying authorization to lobby from the Client (if a contract does not exist).

The option to submit a Lobbying Agreement form is a new option for filers with an existing contract.

Additional information related to the new reporting system is available on the JCOPE website.

A lawsuit has been filed against the Joint Commission on Public Ethics to stop the commission’s Comprehensive Lobbying Regulations from going into effect on January 1, 2019.

David Grandeau, a former lobbying enforcement official and one of three petitioners in the lawsuit, argue the commission lacks the authority to create regulations that expand and amend New York’s Lobbying Act.

The lawsuit, York Group Associates LLC v. Joint Commission on Public Ethics was filed in state Supreme Court in Albany on November 28, 2018.