I. Annual Reports

Annual reports of honoraria (all references to honoraria herein include travel reimbursements) for the April 1, 2008 to March 31, 2009 (Annual report above) must be filed and reviewed by the college president, or labor designee no later than May 20, 2009. The college must then file a compilation directly with the State Ethics Commission by June 1, 2009. Only those employees who actually receive honoraria must file the reports. The regulations on honoraria and travel reimbursements (see Sec. 930) apply to all college employees.

II. Prohibited Honoraria

The Regulations of the State Ethics Commission prohibit the receipt of honoraria (including travel reimbursements) from individuals, companies, organizations, unions, vendors and contractors which negotiate with, do business with, or are interested in doing business with the University (or a college). The regulations, for example, prohibit vendor paid travel to view demonstrations of a vendor’s products or services. These prohibitions also apply to college employees serving as board members and officers of related entities (e.g. auxiliary enterprise boards, college associations, foundations, etc.) as part of their official duties or within the scope of their employment with the college. Employee travel reimbursements for such purposes, however, may be made by the University when appropriate. Instructional staff employees with appointments in academic departments, however, are exempt within their discipline from the regulations on honoraria.

III. Prior Approvals

An employee may seek prior approval for the receipt of an honorarium (including travel reimbursements) from the college president. If granted, the request and approval must then also be forwarded to the State Ethics Commission. If an employee has doubts about the propriety of accepting an honorarium, the employee should consult with the college’s ethics officer.

IV. Additional Information

A copy of NYSCPI's 2008 Notice, sample Form and "Commonly Asked Questions Concerning Honoria" is attached.

All college employees are covered by the statutory prohibitions in the State Ethics Law. Particular attention should be paid to the prohibitions in the following sections of the State Ethics Law (Public Officers Law).

(a) Section 73(3)(b). Prohibition on the practice of law before the State Court of Claims.

(b) Section 73(4)(a). Prohibition on doing business with a State agency in excess of twenty five dollars ($25), except through a contract awarded after public notice and competitive bidding.

(c) Section 73(5). Prohibitions on acceptance of gifts in excess of seventy five dollars ($75), as discussed below.

(d) Section 73(7)(a). Prohibitions on appearances before State agencies.

(e) Section 73(8). Revolving Door Provision. Prohibition on appearing, practicing or receiving compensation for any such services before the employee's former State agency (CUNY) for two years after termination of employment; and lifetime prohibition on appearing or practicing before any State agency or receiving compensation for any such services with respect to any matter which the employee was personally involved with during his or her employment with the State agency (CUNY).

The law prohibits solicitation, or acceptance by, employees of any gift valued at $75 or more under circumstances in which it could be inferred that the gift was intended to influence or reward the recipient for performing official duties. A gift under $75 may not be accepted if it would constitute a substantial conflict with the proper discharge of the duties of an employee. The prohibitions against gifts apply to all employees.

A gift is anything of value given to an employee including money, services, loans, travel, meals, refreshments, entertainment, hospitality, or discounts. The value of a gift is determined by its retail cost of purchase. If a ticket is involved, the gift is the face value of the ticket even if a portion of the ticket price is donated to charity or you could otherwise get it at a discounted price. Where there are multiple gifts, including meals, the aggregate value of the individual gifts within a twelve month period will be considered to determine whether they total $75.

Employees are prohibited from accepting gifts over $75 from individuals, companies, organizations, unions, vendors and contractors that negotiate with, do business with, or are interested in doing business with the University or any of its colleges. These prohibitions also apply to college employees serving as board members and officers of related entities (e.g. auxiliary enterprise board, college association, foundation, etc.) as part of their official duties or within the scope of their employment with the college. Limited exceptions are provided for gifts received when it is clear that they derive from a personal or family relationship (i.e., the donor cannot charge or deduct the item as a business expense) and meals received by all participants in a group at an educational or professional function when related to the employee's responsibilities, but not travel and lodging. When a gift may not be given to an employee, the donor may not offer the gift to the employee's family or to an individual the employee designates.

The State Ethics Commission has issued Advisory Opinion No. 94-16 to explain the prohibitions against employees accepting gifts contained in the State Ethics Law. A copy of the advisory opinion is available upon request from the college's ethics officer (labor designee). Anyone contemplating accepting a gift from a business account, vendor, contractor or union should review Advisory Opinion 94-16 prior to accepting the gift.