Originally Posted - February 27, 2007

return home

New York State Comptroller Thomas P. DiNapoli has signed an executive order which details ethics rules and principles that would apply to all employees of the comptroller's office including the comptroller himself.

DiNapoli is a former Assemblyman who acquired the comptroller's title through a political appointment rather than through experience and qualifications after the former state comptroller Alan Hevesi was forced to resign after being convicted of defrauding the government for using state employees to provide personal services for his wife.

The Executive Order takes effect immediately and covers a range of issues including use of agency phones and computers and accepting of gifts or gratuities. It also bans employees from making campaign contributions to the Comptroller, asking job applicants their political party affiliation, or participating in a hiring or contracting decision that involves a family member. http://www.osc.state.ny.us/press/releases/feb07/ethicsorder.pdf

The rules include that:

--OSC telephones shall not be used for non-governmental purposes. The only exceptions are for emergencies and necessary personal calls. Reimbursement for personal calls shall be in accordance with OSC policies and procedures.

-- OSC computers, email and internet connections shall not be used for nongovernmental purposes except for incidental and necessary personal use that is limited in frequency and duration, and does not conflict with the proper exercise of the duties of the OSC employee. Provided, however, in no event shall OSC computers or related technology be used for personal profit, as a means to harass or to create a hostile work environment, or for other activities for which OSC has "zero tolerance", as outlined in OSC's policies and procedures.

--Official OSC stationary shall not be used for non-governmental purposes. Further, under no circumstances shall State mail, postage, OSC internal office mail or inter-agency office mail be used for non-governmental purposes. This provision shall not be construed to prevent an authorized OSC employee from providing on agency letterhead an evaluation of an individual who was employed by or served an internship with OSC, including a letter to a prospective employer or to an educational institution, where otherwise consistent with OSC procedures.

--No OSC employee may make or offer to make any monetary contribution to the campaign of the Comptroller, or to any political campaign committee organized by or for the specific benefit of the Comptroller.

In addition to those restrictions set forth in the Civil Service Law or other law, no OSC employee who is involved in recruiting, interviewing or hiring applicants for employment, or making appointments to State boards or commissions, or making promotional, disciplinary or other employment decisions relating to OSC employees, may ask any such applicant or employee to reveal: the party affiliation of the applicant; whether the applicant has made campaign contributions to any party, elected official, or candidate for elective office; or (c) whether the candidate voted for any elected official or candidate for elective office.

-- In addition to those restrictions set forth in the Civil Service Law or other law, no OSC employee who is involved in awarding or approving State grants or contracts, or making decisions relating to State grants or contracts, may ask any officer or director of such current or prospective contractor or grantee to reveal the party affiliation of the individual; whether the individual or entity has made campaign contributions to any party, elected official, or candidate for elective office; or whether the individual or entity voted for any elected official or candidate for elective office. -- In addition to those restrictions set forth in the Public Officers Law or other law, no OSC employee shall solicit or accept any gift or gratuity of other than nominal value, whether to the employee or to a third party (including a charitable organization on behalf of or on the recommendation of the employee), under circumstances in which it could reasonably be inferred that the gift or gratuity was intended to influence, or could reasonably be expected to influence, the performance of his or her official duties, or was intended as a reward for any official action on his or her part.

--No OSC employee shall take part in any hiring, employment or contracting decision related to a family member, an entity in which a family member is an officer, director or principal, or an entity, 10% or more of which is owned or controlled by a family member. If a decision arises relating to any of the above, the employee must advise his or her supervisor and OSC's ethics officer of the relationship, and recuse himself or herself from any and all discussion of the decisions relating to the matter. For purposes of this paragraph, "family member" includes the employee's spouse, child, stepchild, stepparent and any person who is a direct descendant of the grandparents of the employee or the employee's spouse, as well as any other person living in the employee's household.

--Any alleged or suspected violation of this or any other Executive Order of the Comptroller or OSC Executive Policy, violation of the Public Officers Law, or fraudulent or other illegal activities pertaining to OSC or the state is to be reported immediately to OSC's ethics officer.

--In addition to any other penalty authorized by law, any violation of this order may result in disciplinary action.

The order takes effect immediately. 2-27-07

© 2007 North Country Gazette