N.Y. Comp. Codes R. & Regs. tit. 19 § 933.3

Current through Register Vol. 46, No. 41, October 9, 2024

Section 933.3 - Gifts

(a) If the item, service, or any other thing of value solicited, received, or accepted by a covered person meets the definition of gift and is from an interested source, it is presumptively impermissible. Such gift is only permissible if, under the circumstances, all of the following criteria are met:

(1) it is not reasonable to infer that the gift was intended to influence the covered person; and

(2) the gift could not reasonably be expected to influence the covered person in the performance of his or her official duties; and

(3) it is not reasonable to infer that the gift was intended as a reward for any official action on the covered person's part.

(b) If the item, service, or any other thing of value solicited, received, or accepted by a covered person meets the definition of gift and is not from an interested source, then the gift is permissible unless, under the circumstances, any one of the following criteria is met:

(1) it could reasonably be inferred that the gift was offered or given with the intent to influence the covered person, or

(2) the gift could reasonably be expected to influence the covered person in the performance of his or her official duties, or

(3) it could reasonably be inferred that the gift was offered or given with the intent to reward the covered person for any official action on his or her part.

(c)Multiple gifts.

Nothing in this Part shall be construed as relieving a covered person's obligations under Public Officers Law section 74 with respect to the solicitation, receipt, or acceptance of multiple items, services, or any other things of value that, individually, are permissible gifts under subdivision (a) or (b) of this section.

(d) Directing impermissible gifts to third parties prohibited. A covered person may not direct a gift that is impermissible under subdivision (a) or (b) of this section to any third party, including a charitable organization.

(e) A gift that is permissible under subdivision (a) or (b) of this section satisfies the covered person's obligations under Public Officers Law sections 73 and 74 with respect to such gift.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 933.3

Adopted, New York State Register, Volume XXXVI, Issue 24, effective 6/18/2014