JCOPE Seeks Comments on Proposed Advisory Opinion Regarding Elected Official Fundraising

The Joint Commission on Public Ethics (JCOPE) has posted a proposed advisory opinion – on which they are seeking ‘informal comments’ – that addresses “[whether] an elected official may solicit and accept campaign contributions or other forms of support for his political campaign from a subject of the official’s enforcement powers.”

The proposed AO would reconsider one aspect of AO 98-12, which was issued by the state’s Ethics Commission, which allowed statewide elected officials running for re-election to solicit or accept monetary or in-kind campaign contributions from any person or entity which is the subject of the elected official’s investigative, prosecutorial, or audit power.

If adopted, this Advisory Opinion would apply Public Officers Law §74 to state elected officials (including legislators) who are engaged in campaign fundraising activities. POL §74, titled “Code of Ethics,” sets forth certain standards of conduct which address actual as well as apparent conflicts of interest.

The AO would interpret POL § 74 to impose specific restrictions on elected official solicitations or receipt of campaign contributions by finding that:

Public Officers Law §74 prohibits an elected official from directly soliciting or accepting a monetary or in-kind campaign contribution from a person or entity which is the active subject of enforcement powers of the official or the official’s office. Additionally, the elected official may not invite a subject of his or his office’s enforcement powers to campaign events.

The draft AO includes the following paragraph that explains JCOPE’s reasoning in issuing this opinion:

The Commission is mindful that the legislature and the board of elections have jurisdiction over the political activities of holders of State public office. However, the Commission, as the guardian of public ethics in New York State and the entity charged with investigating violations of Public Officers Law §74, necessarily shares jurisdiction in such matters. It is the duty of the Commission to uphold the public interest in avoiding even the appearance that an elected official can or will use the powers of his office to influence prospective campaign donors, or that an elected official can be influenced in his official actions by the prospect of a campaign contribution.

Any comments, questions, or suggestions on the proposed advisory opinion can be provided to JCOPE via email at [email protected].