CITIZENS UNION OF THE CITY OF NEW YORK
299 Broadway, Suite 700 ■ New York, New York 10007 ■ 212-227-0342
COMMON CAUSE/NY
155 Avenue of the Americas, 4th Floor ■ New York, New York 10013 ■ 212 691-6421
LEAGUE OF WOMEN VOTERS/N.Y.S.
62 Grand Street ■ Albany, New York 12207 ■ 518 465-4162
NEW YORK PUBLIC INTEREST RESEARCH GROUP (NYPIRG)
107 Washington Avenue, 2nd Floor ■ Albany, New York 12210 ■ 518 436-0876
VIA FAX & FIRST CLASS MAIL
July 5, 2007
John Feerick, Jr., Chair
Herbert Teitelbaum, Executive Director
New York State Ethics Commission
Alfred E. Smith State Office Building
11th Floor - Suite 1147
Albany, New York 12210
Re: Request for inquiry into travel policies
Gentlemen:
As civic leaders we write to you to request that the Ethics Commission review the use of state resources for travel by the Governor, Lt. Governor and executive branch staff in 2007 with respect to political activity and that you publicly enunciate a clear, binding policy in this area.
At a minimum, you must establish a clear policy on the use of state resources that facilitate partisan activity, require detailed disclosures, Commission oversight of such uses and a “bright-line” reimbursement requirement. The “bright line” must require that the state will be compensated when partisan activities, including but not limited to fundraising, is directly or incidentally supported through the use of state resources, and extend to circumstances where there is “mixed-use travel,” i.e., where partisan activity is but one part of an itinerary that includes official public business. Any fundraising activity must trigger full reimbursement.
In requesting this opinion we take no position on the relevant facts regarding the recent controversy over the use of state aircraft for travel by public officials, which travel reportedly facilitated fundraising activities. A similar letter requesting review with respect to the use by legislative officials and employees of state resources to partisan fundraising events is being submitted to the Legislative Ethics Committee.
As you know, the state has a clear policy prohibiting the use of state resources for political activity. For example, fundraising activities may not take place in public buildings. See Civil Service Law section 107(3).
Public Officers Law section 74(3) establishes the Code of Ethics. It provides in relevant part that
d.No officer or employee of a state agency, member of the legislature or legislative employee should use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others.[1]
More generally, section 74(3) provides that public officials and their staff must not act in a way that undermines the public’s trust:
h.No officer or employee of a state agency, member of the legislature or legislative employee should endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.
Public Officers Law section 74(4) authorizes penalties for “knowingly and intentionally” violating section 73(d) to include fine, suspension or removal from office, with fines up to $10,000 and “the value of any gift, compensation or benefit received as a result of such violation.”
With respect to persons under your jurisdiction, your website also contains the following warnings to those who are seeking or will seek elective office:
■ Avoid using your State position to gain any special advantage over a political opponent.
■ Refrain from using any State resources to aid the campaign. This rule applies to telephones, office supplies, postage, photocopying machines or support staff assistance.[2]
The use of state aircraft for personal and fundraising activities has periodically appeared in the headlines over the past two decades. As a result of Governor Pataki’s use of state aircraft for purposes including partisan fundraising events, in 1995 the state Ethics Commission reportedly ruled that “as long as a trip includes one bona fide public purpose, the law does not require political committees to reimburse the state.”[3]
Any rule that only requires reimbursement when any travel using state resources “includes one bona fide public purpose” is inadequate and must be rejected by the Commission.
The policy and rule that will protect the public and restore trust is one that requires that there be reimbursement whenever there is partisan activity, including fundraising.
The policy and rule must cover instances where elected officials or staff are meeting with potential donors, meeting with party officials, or personally fundraising or raising money for others. Only de minimis political activity that is incidentally supported through state resources should be tolerated. Anything beyond de minimis political activity should trigger reimbursement. When fundraising is involved in such travel, the entire cost of the travel should be reimbursed to the state.
Moreover, there must be detailed disclosure of the itinerary. While public officials may be reluctant to disclose their private meetings with potential donors or party officials, they are free to pick up the tab for such travel if they chose privacy over disclosure. When the public pays for a public official’s travel, they are entitled to full disclosure of the purposes and uses of such travel.
The status quo honor system, however, is simply inadequate. While the vast majority of public officials will follow the Ethics Commission’s policies and rules, at least some will not. Hence, the Ethics Commission must scrutinize disclosures to ensure that the policy if faithfully adhered to.
The disclosure, reimbursement and oversight regime we recommend is important not only to enhance the public’s perception of the integrity of state government, but also to provide clear standards for public officials who are alleged to have violated state law and the public’s trust. In this way a “bright line” standard with detailed disclosure will protect public officials from charges of inappropriate conduct.
We look forward to your prompt review of our request.
Sincerely,
Dick Dadey, Executive DirectorRachel Leon, Executive Director
Citizens UnionCommon Cause/NY
Barbara Bartoletti, Legislative DirectorRuss Haven, Legislative Counsel
League of Women Voters/N.Y.S.NYPIRG
1
[1] The Governor’s office is an “executive department “headed by the Governor pursuant to Executive Law section 30.
[2] See state Ethics Commission guidelines at
[3]Comptroller Blocks Contracts for Pataki’s Charter Flights, James C. McKinley, Jr., The New York Times, May 23, 2001. Note: This ruling does not appear to be available on the state Ethics Commission’s website.