JCOPE Issues Advisory Opinion on POL’s Two Year Ban, Lifetime Bar

The Joint Commission on Public Ethics (JCOPE) recently issued Advisory Opinion 13-01, which addresses the application of the two year bar under Public Officers Law (POL) §73(8)(a)(i) and the lifetime bar under POL §73(8)(a)(ii).

The question asked of JCOPE is whether a former Hearing Representative for the New York State Insurance Fund (SIF) can represent claimants before the New York State Workers’ Compensation Board in connection with a matter where the New York State Insurance Fund is the carrier or a party.

JCOPE found that the two-year bar applies, but that the lifetime ban does not:

Pursuant to the authority vested in the Commission by Executive Law §94, the Commission renders its opinion that Public Officers Law §73(8)(a)(i) prohibits Mr. Doe, for two years following his departure from State service, from representing individuals before the WCB when NYSIF is either a carrier or a party. After the two-year period has passed, Mr. Doe may, consistent with Public Officers Law §73(8)(a)(ii), represent individuals before the WCB in cases or matters involving NYSIF, provided he does not represent clients in matters in which he was directly concerned and in which he personally participated, or which were under his active consideration, while employed by NYSIF.

The Advisory Opinion includes a good review of New York’s two-year bar and lifetime ban, including citations to prior Advisory Opinions.  It also explains the “backroom services” clause of POL §73(a)(8)(i).