JCOPE unanimously passed “emergency” regulations in anticipation of Gov. Andrew Cuomo signing Senate Bill 8160. Under Senate Bill 8160, any charitable organization donating over $2,500 to New York lobbying campaigns would be required to disclose all of its donors, including those unrelated to lobbying efforts.

JCOPE’s new regulations mostly mirror Senate Bill 8160, as any issue-oriented lobbying groups expending more than $15,000 a year would be required to disclose donors of more than $2,500.

The regulations become effective, if and when, Cuomo signs Senate Bill 8160. If Senate Bill 8160 is signed into law, the new reporting thresholds will retroactively include donations and lobbying spending beginning July 1, 2016.

Earlier this year, the state Joint Commission on Public Ethics (JCOPE) made a regulatory change requiring public relations professionals to document outreach to editorial boards and report their activity to the state as lobbying.

The regulation is now being contested by public relations firms who have joined in a federal suit challenging the reporting requirement under free speech provisions of the First Amendment. In response, the commission has budgeted $300,000 annually to a legal defense fund to support this measure.

New York’s Joint Commission on Public Ethics (JCOPE) has confirmed that two commissioners have resigned from their positions. The resignations of commissioners David Arroyo and Joseph Covello were not announced publicly, but their names did not appear on JCOPE’s annual report that was recently released.

The news of these departures comes just weeks after Seth Agata was selected as the new executive director of JCOPE.

After nine months of searching and receiving over 200 resumes, the New York Joint Commission on Public Ethics has finally found a new executive director.

Seth H. Agata, a former top aide to Gov. Cuomo, was named as the new Executive Director of the Commission. His prior experience includes being the Chair of the New York Public Employment Relations Board, Acting Counsel and First Assistant Counsel to the Governor, as well as a former Assistant District Attorney in Columbia County.

An advisory opinion by the Joint Commission on Public Ethics has been challenged in federal court. Five public relations firms have brought a suit seeking to block the enforcement of Advisory Opinion 16-01, as they argue the legality of the opinion’s definition of what constitutes lobbying.

Under the opinion, the firms claim private conversations with editors and reporters would be required to be disclosed, an act they say would have a chilling effect on the way they do business. Additionally, the firms argue the opinion’s definition of lobbying to be unconstitutionally vague, claiming it fails to give citizens reasonable notice of what is and is not considered lobbying activity.

The Joint Commission on Public Ethics has released an advisory opinion addressing whether an elected official can solicit and accept campaign contributions or other forms of support for his campaign from a subject of the official’s enforcement powers. In the opinion, JCOPE determined an elected official running for election may not directly solicit or accept monetary or in-kind campaign contributions from any person or entity which is the active subject of an ongoing exercise of enforcement powers of the elected official or the office of the elected official.

Additionally, other, non-monetary forms of political support will be determined on a case-by-case basis as to whether a conflict of interest exists. The public official would be required to recuse himself from an exercise of enforcement powers against a party from whom he accepted a contribution in the prior 12 months.

The Legislative Ethics Commission has fined former Assemblyman Dennis Gabryszak $100,000 after the Joint Commission on Public Ethics formally accused him of violating Public Officers Law. Gabryszak’s fine is made up of $30,000 for using his office resources, including phones, computers, and printers to aid his political campaigns, and $70,000 for sexually harassing seven female staff members while in office.

Gabryszak resigned in January 2014. The $100,000 fine is the second largest civil fine ever handed out by the New York Legislative Ethics Commission.

The Joint Commission on Public Ethics has released an Advisory Opinion regarding what constitutes lobbying activity when it comes to political consultants and grassroots communications. Advisory Opinion 16-01 requires public relations consultants to register their efforts to influence government through public campaigns, which includes any contact with editorial boards aimed at publishing communications involving a political issue.

The Advisory Opinion is meant to encompass grassroots communications, an action the public relations community is calling an unconstitutional restraint on free speech. With the Opinion taking effect, grassroots communication is considered lobbying if it references, suggests, or otherwise implicates activity covered by the Lobbying act; takes a clear position on the issue in question; or is an attempt to influence a public official through a call to action. If a consultant had control over the delivery of the message and had input into its content, registration and reporting will now be required.

State Attorney General Eric Schneiderman has announced the release of a new website which will contain information regarding lobbyist disclosures, and will match them up with specific pieces of proposed and passed legislation. The website, designed to promote the public’s right to know about decision making within the state government, will also link with the Joint Commission on Public Ethics lobbyist filings.

Data included on the website will relate to campaign financing, lobbying, charities, state contracts, legislator grants, corporate registrations, and elected officials. The website is available at http://www.NYOpenGovernment.com.

The Joint Commission on Public Ethics (JCOPE) has formally accused former Assemblyman Dennis Gabryszak of using his government office to aid his reelection campaign, as well as sexually harassing several female staff members.

JCOPE’s investigators found Gabryszak used his office resources, including phones, computers, and printers to aid his political campaigns. The commission also determined Gabryszak used his position to “create and perpetuate an environment in which he could engage in sexually inappropriate behavior.”

The commission accused Gabryszak of at least five violations of New York’s Public Officers Law in what a commission spokesman called “a deplorable exhibition of how not to act in public service.”

The case will now move to the Legislative Ethics Commission, which will decide whether and how much to fine Gabryszak. Each violation of the Public Officers Law carries a penalty of up to $10,000.

As more lobbyists turn to the internet and social media, the New York Joint Commission on Public Ethics has begun soliciting informal comments on the applicability of New York’s Lobbying Act to social media activities.

The Commission seeks guidance on when social media activity constitutes reportable lobbying activity in terms of direct lobbying, grassroots lobbying, and linking to a lobbying website.

The Committee is also seeking input on whether expenditures made in connection with social media activity could be considered “expenses” under the Lobbying Act.

Comments will be taken by the Committee until January 11, 2016.

The Joint Commission on Public Ethics is seeking public comment on a proposed advisory opinion. The advisory opinion is in regards to the applicability of New York’s Lobbying Act to the activities of consultants when they are taking part in direct and grassroots lobbying, and whether they are subject to registration and reporting requirements.

The advisory opinion seeks to articulate when the Lobbying Act covers the services of consultants, and to clarify the test used to determine when grassroots advocacy constitutes reportable activity.

Comments will be taken by the Committee until December 4, 2015.

The Joint Commission on Public Ethics (JCOPE) created a six-month amnesty program to help lobbyists and clients of lobbyists comply with the New York Lobbying Act. This program will assist those who have never turned in required filings.

To be eligible to participate, the lobbyist or client cannot have previously been contacted by JCOPE for failure to comply, or been subject to criminal proceedings concerning a violation of the Lobbying Act.

The program will run from January 1 to June 30, 2016.

Executive Director of New York’s Joint Commission on Public Ethics Letizia Tagliafierro is resigning, effective July 31, 2015.

Tagliafierro has served as the executive director since October of 2013. She is moving to the state Department of Taxation and Finance where she will be a deputy commissioner, leading the criminal investigations division.

The next meeting of the JCOPE is scheduled for August 4 and the commissioners are expected to begin a national search for a replacement for Tagliafierro.