The Joint Commission on Public Ethics will be hosting a roundtable discussion on February 12^th on proposed guidance on the topic of social media activities and whether certain activities are considered lobbying under the New York Lobbying Act. JCOPE has extended the comment period through February 19^th.

The original comment period ran through January 11^th, and involved input regarding when social media activity constitutes reportable lobbying activity in terms of direct lobbying, grassroots lobbying, and linking to a lobbying website.

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

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.

City Council Speaker Melissa Mark-Viverito has agreed to pay $7,000 to settle charges of campaign finance violations. Mark-Viverito was accused of accepting free consulting advice from a lobbyist in her efforts to land her position in 2013. In addition to the $7,000 fine, Mark-Viverito must pay over $3,700 to the Advance Group, who was the consulting organization giving her free advice.

Along with Mark-Viverito, Scott Levenson, the Advance Group’s president and a registered lobbyist, was also fined $4,000 for his role in the matter. The Advance Group was previously fined $15,000 by the New York City Campaign Finance Board and $10,800 by the state of New York for other violations in the 2013 elections.

Photo of City Council Speaker Melissa Mark-Viverito by wiscDennis on Wikimedia Commons.

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.

Governor Cuomo has set a special election date for two vacant state Assembly seats and one vacant state Senate seat. Elections will be held on April 19, 2016, aligning with the date for New York’s presidential primary.

Elections will fill vacant seats in Assembly District 59 following the election of former Representative Roxanne Persaud’s to the state Senate, as well as in Assembly District 65 and Senate District 9 following the criminal convictions of former Representative Sheldon Silver and former Senator Dean Skelos.

Following just a little over a day of deliberations, former state Senate leader Dean Skelos has been found guilty of abusing his power while in office. Skelos used his office to extort over $300,000 in salary and other benefits to obtain employment for his son, who was also convicted of similar charges.

Skelos was arrested in May, and lost his Senate leadership role less than a week after his arrest.  Skelos’ conviction comes just two weeks after the conviction of former Speaker of the Assembly Sheldon Silver.

Photo of Dean Skelos courtesy of the New York Senate website.

Former Assembly Speaker Sheldon Silver was expelled from the legislature on November 30, 2015, after being found guilty of abusing his power to collect over four million dollars in illegal bribes and kickbacks.  Silver’s conviction triggered the automatic expulsion from the Assembly, and Silver faces a maximum of 130 years in prison.

Silver, who is currently free on bail, vowed to appeal the conviction.

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.

Michelle Adolphe, a candidate who ran for a seat in the state Assembly last year, was arrested Wednesday morning and charged with three counts of failing to file campaign finance reports as required under state election law.

Adolphe, who lost in last year’s election, allegedly failed to report where her campaign contributions came from and how they were spent.

If convicted on all three counts, Adolphe could face up to three years in jail.

New legislation was introduced impacting the city’s campaign finance regulations.  One bill would eliminate the possibility of matching, with public funds, any contribution to a candidate for local office that is bundled by a lobbyist or person who has, or may have, business dealings with the City.

A second bill would extend the prohibition on the acceptance of contributions from non-registered political committees to candidates who are not participating in the public money matching program.  Currently, the prohibition only applies to candidates who are participating in the public matching program.

Photo of the New York City skyline by AngMoKio on Wikimedia Commons.

The Office of the City Clerk has published new rules to the city’s lobbying law following a public comment period and summerlong review by the Law Department. The rules require a lobbyist or client to designate a principal officer to electronically file the registration and reports by enrollment in the city’s online e-Lobbyist system.

While the rules allow for a designee or compliance officer to assist the principal officer in completing reports, they prohibit a principal officer from sharing his or her e-Lobbyist password. The rules also detail the procedure for enrolling in e-Lobbyist; provide requirements for retainers and authorization letters; indicate when filing extensions may be obtained; provide procedures for obtaining a waiver of late filing penalties; establish enforcement procedures; and create an amnesty program. The amnesty program would allow certain violators of the lobby law to come into compliance without penalty if meeting the eligibility criteria.

The rules are effective November 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.