Advisory Opinions

New York City Conflicts of Interest Board Advisory Opinions

(Note: you may use Control-F or Command-F to search this document by AO # or description keyword)

Year

AO #

Description (click each description for link to the full PDF text of the AO)

1989

89-1

Application of New Post-Employment Restrictions to Already Retired Employees

1990

90-1

Expediting Business of Spouse of DOB Employee

90-2

Waiver to Permit Incoming Commissioners to Have Outside Part-Time Work

90-3

Overseas Travel by Elected Official to be Paid for by Private Philanthropic Organization

90-4

Mayor Dinkins Voting on Time Warner Matters

90-5

Council President Stein Voting on Time Warner Matters

90-6

Elected Officials Forwarding Resumes of Constituents and of Family Members for Possible City Employment

90-7

Part-Time Public Servant Appearing as a Lawyer against the City

90-8

Application of Post-Employment Restrictions to Former CCRB Members

90-9

Agency Head's Participation on Advisory Board of a Trade Association

1991

91-1

High-Ranking Official Appearing in Advertisement for a For-Profit Entity

91-2

Spouse of Public Servant Bids to Perform Work for Public Servant's City Agency

91-3

Community Boards: Discussing or Voting on Matters involving a Member's Private Interests or involving a City Agency where the Member is Employed

91-4

Offer of Honorarium to Elected Official for Speech related to Official's City Duties

91-5

Teaching a Course on a Subject Directly Involving One's Official Duties

91-6

Offer of Honorarium for Teaching Unrelated to One's City Duties

91-7

Private Practice of Law (but see AO 2001-3)

91-8

Waivers of the One-Year Post-Employment Ban May Be Granted, But Sparingly

91-9

Serving As Expert Witness for Out-of-State Municipality

91-10

Charitable Fundraising by High-Ranking Officials (but see AO 2003-4 and AO 2008-6)

91-11

Service on a City Commission by the Law Assistant to a State Court Judge

91-12

Community Boards: Chairs and District Managers Are Not "Public Servants Charged with Substantial Policy Discretion"

91-13

Agency Head Serving as President of Dormant, For-Profit Corporation

91-14

Outside Employment by High-Ranking Part-Time Official

91-15

Collaboration with an Institution That Employs One's Spouse

91-16

Moonlighting for a Not-for-Profit Whose Mission Is Very Similar to the Mission of One's City Agency

91-17

Serving Merely as a Member of a Political Party Committee

91-18

Participating In Auction of Property Conducted by One's Own City Agency

91-19

FOIL Requests and the One-Year Post-Employment Ban

91-20

Acceptance of Prize in Contest Open to All U.S. Residents

1992

92-1

High-level Official Serving on a City Advisory Board

92-2

Application of Pre-1990 Post-Employment Restrictions to Official Who Left Prior to April 1, 1990

92-3

Renting An Apartment Whose Vacancy Was not Advertised Where Employee Learns of Vacancy through City Job

92-4

Agency Purchases from a Store Owned by the Parents of High-Ranking Employee of the Agency

92-5

Member of City Commission Whose Private Firm Has Matters before that Commission

92-6

Appointment of Retired Goldman Sachs Partner as Deputy Comptroller for Asset Management

92-7

Serving on a Co-op or Condo Board

92-8

Agency Head Handling Matters Involving Not-for-Profit that He Had Founded And Led

92-9

Financial Interests of Incoming Deputy Mayor Sullivan

92-10

Gift to Elected Official of Resort Trip from Firm with No City Business Dealings

92-11

DEP Employee Selling Watershed Property to the City

92-12

Agency Head Serving on Board of For-Profit Corporation

92-13

Post-Employment Waiver for High-Ranking Official Denied

92-14

Scholarship for Children of FDNY and NYPD Employees

92-15

Agency Head Serving on Honorary Committee for Charity's Annual Benefit (but see AO 2008-6)

92-16

Application of Job-Seeking Restriction to Positions at a BID

92-17

Post-Employment Waiver for Position at Not-for-Profit That Has Contracts with Departing Employee's Agency

92-18

Participating in Bar Association Discussions of Amicus Brief in Litigation Against the City

92-19

Private Entities Pay for Head of Film Office to Attend Cannes Festival

92-20

Service in Local Government Positions by City Employees Residing in the Watershed

92-21

Soliciting and Accepting Gifts to the City (but see AO 2003-4)

92-22

Elected Awarding Funding to Not-for-Profit on Whose Board He is Ex Officio Member (see also AO 2009-2)

92-23

Gift of Free Travel to Elected Official

92-24

Service on Not-for-Profit Board

92-25

High-Level, Part-Time Commissioner Proposing Outside Activities

92-26

Appointee to High-level Part-Time Position Whose Firm Will Have Matters before Appointee's City Agency

92-27

Community Board Soliciting Funds for Land Use Study

92-28

Councilmanic Aide Providing Legal Services to Council Member and to Organizations with Matters Before the Council

92-29

Raising Funds for City Employee Seriously Injured in Auto Accident

92-30

Moonlighting by Incoming Mental Health Commissioner Marcos

92-31

Community Board Member Proposing to Provide Compensated Legal Services to Community Board

92-32

Post-Employment Appearances before DOB by Electricians

92-33

Offer of Gift to the City from Donor with Major Matter Pending

92-34

Parks Employees Receiving Salary Supplements from Parks Conservancies

92-35

Ownership in Building Receiving City Payments for Renting to Public Assistance Recipients

92-36

Appearances before DOB by City Employees Moonlighting as Electricians

92-37

Request for Post-Employment Waivers from Former Deputy Commissioner

92-38

Former Public Servant's Involvement Not "Substantial" within Meaning of Particular Matter Bar

1993

93-1

Part-Time Councilmanic Aide Serving as President of Local Development Corporation

93-2

Chair of Community Board Youth Services Committee by Person Who Is also a Member of the Local Community School Board

93-3

Community Board Members Voting on Budget Priorities Affecting Local Development Corporations They Serve as Unpaid Directors

93-4

High-Ranking Official Serving As Executive Director of Affiliate of Not-for-Profit with City Contracts

93-5

Proposed Service on Board of Publicly-Traded For-Profit

93-6

Mere Listing of Name of Public Servant with Substantial Policy Discretion on Committee for Political Fundraiser Is Not a Prohibited Solicitation of a Political Contribution

93-7

Work of Part-Time Commissioner on A City Project, Part of Which Is Subject to the Commission's Review

93-8

Application of Job-hunting Restriction to City Employee Who Conducts Research and Analysis

93-9

Service of Community Board District Manager on Not-for-Profit Boards

93-10

PVB Administrative Law Judges Are Subject to the Conflicts of Interest Law

93-11

One-Year Post-Employment Ban Does Not Restrict Appearances by Partners of Former Public Servant or Prohibit Their Use of Stationery Bearing Name of Former Public Servant

93-12

The "Consulting Back" Variation on the Government-to-Government Exception to the Post-Employment Restrictions

93-13

Local Development Corporation in Question is Arm of City Government Employment At Which Falls within Government-to- Government Exception to Post-Employment Restrictions

93-14

Service on Board of Not-for-Profit That is Acquiring Property Subject to Jurisdiction of Public Servant's Agency

93-15

Fundraising by Council Members for Charities In Their Districts (but see AO 2008-6)

93-16

Tax Assessors Owning Real Property for Investment Purposes

93-17

Part-Time Commissioner Employed at Public Benefit Corporation with Matters before the Commission

93-18

Application for Post-Employment Waiver Denied to Former City Employee Working at For-Profit Corporation

93-19

Outside Activities of ECB Members

93-20

Counsel to High-level Elected Official has Substantial Policy Discretion and Is Therefore Subject to Special Restrictions on Certain Political Activities

93-21

Nominating Relatives or Employees of Other Elected Officials to Community Boards

93-22

Part-Time Commissioner Proposing Work on a Project That Would Ultimately Be Reviewed by the Commission

93-23

Proposed Criminal Defense Practice by Public Servant with Police Officer Status

93-24

Paid Work for Political Campaigns

93-25

Publication of Book Describing Author's City Work (see also AO 99-5)

93-26

Soliciting Contributions for Not-for-Profit Formed to Support Programs of the District Attorney of Kings County

93-27

City Employee with Interest in For-Profit Corporation That Will be Seeking City Business

93-28

Spouse of Public Servant Makes Appearances Before Public Servant's Agency

93-29

Position of Spouse at Private Firm with City Business Dealings

93-30

Post-Employment Waiver Application from Former Employee Concerning Next-to-last City Agency He Served

93-31

Departing Public Servant Seeking a Position at a SUNY Facility

93-32

Member of City Planning Commission Seeking Work through Department of General Services

1994

94-1

City Employee Contracting to Provide Consulting Services to Another City Agency

94-2

City Official's Former Firm Bidding for City Work

94-3

City Employee's Spouse Renting Property from His City Agency

94-4

Acceptance of Computer As Gift to the City

94-5

Unpaid Fact Witness Will Not Violate Particular Matter Bar

94-6

Part-Time Public Servant Employed at Firm Receiving Funding from His City Agency

94-7

This Local Development Corporation is An Arm of Government for Purposes of Post-Employment Restrictions

94-8

City Employee Owning Campaign Consulting Firm

94-9

Acceptance of Raffle Prizes As Gifts to the City

94-10

Investments in Retirement Accounts, Mutual Funds, and Government Debt

94-11

Agency Head Owns Real Property in the City

94-12

Gift of Ceremonial Sword May Not Be Accepted

94-13

Incoming Agency Head Whose Husband is Partner In Law Firm with City Business

94-14

Fees Charged by Training Institute of Human Rights Commission

94-15

Post-Employment Waiver Granted to Work at Not-for-Profit Closely Related to the City

94-16

Incoming Agency Head Teaches at College that Sends Interns to His City Agency

94-17

Commissioner's Vote on A Bank's Project, Where a Client of the Commissioner's Firm Has a Close Relationship With the Bank

94-18

High-level Official Places Investments in Blind Trust

94-19

Waiver of One-Year Ban for Work at Not-for-Profit Organizations

94-20

City Employee Whose Spouse Works at Private Firm that Deals with Employee's City Agency

94-21

This BID Is an Arm of Government for Purposes of the Post-Employment Restrictions

94-22

Post-Employment Waiver to Head New Bio-Med Center

94-23

Approval of Invitation to Trade Association's Golf Outing

94-24

Appearances of Part-Time Commissioner's Law Firm before His City Commission

94-25

Blind Trust, plus Ownership of Several Co-op Apartments

94-26

Blind Trust, plus Uncompensated Service to Not-for-Profits

94-27

Continued Service on Co-op Board of Incoming High-level City Employee

94-28

Council Member Advocating for His Business Associate versus Member Supporting Legislation that Could Benefit this Associate (see also 2009-2)

94-29

Fundraising by Medical and Health Research Association in Support of Department of Health

1995

95-1

The "Consulting Back" Variation on the Government-to-Government Exception to the Post-Employment Restrictions

95-2

Unpaid Endorsement of Book on Topic Related to Official's City Work

95-3

Moonlighting Waivers for Outside Teaching Need not be Renewed Annually

95-4

Soliciting Participation in a City Program and, If Accepted, Resigning from City Service

95-5

Soliciting Discounts for Private Businesses

95-6

Moonlighting Architects and Engineers Filing Plans at DOB

95-7

High-level Official Serving on Not-for-Profit Board

95-8

"Agency Served" for PVB ALJs is Department of Finance

95-9

Moonlighting as a Private Investigator

95-10

Proposed City Business Dealings of Spouse's Firm

95-11

Serving on Board of Co-op That is Applying For Loan From One's Own City Agency

95-12

Part-Time Commissioner with Ownership in Buildings under Jurisdiction of his City Agency

95-13

Political Fundraiser At Home of Policymaker, albeit Sponsored by His Wife

95-14

Offer of Special Banking Privileges to Employees of All Businesses in Local Area

95-15

Moonlighting Waiver to Work for BID Denied

95-16

Police Department Employee Moonlighting for PBA to Assist with Pension Calculations

95-17

Proposed Outside Legal Work by Councilmanic Aide

95-18

Chairing Community Board Committees

95-19

DOHMH Family Court Clinicians Moonlighting in Family Court Matters Involving Custody and Visitation

95-20

Borough President Molinari Serving on Board of Federal Home Loan Bank of New York

95-21

City Dealings of Firm Owned by Public Servant's Spouse

95-22

Paid Service on Co-op Board

95-23

Application of Particular Matter Bar to Bills Re-introduced in Subsequent State Legislative Sessions

95-24

Use of City Staff and Resources for Non-Partisan Voter Registration

95-25

Service on Co-op Board in Building in Which Public Servant Owned Eleven Apartments

95-26

When Contracting for a City Agency Will be Considered a "Second City Job" and thus not Require A Moonlighting Waiver

95-27

Community Board Fundraising

95-28

Award of Watch for Heroism

95-29

HRA Employees Renting Apartments to Public Assistance Recipients

1996

96-1

Post-Employment Waiver Sought by Employee Long on Paid Release Time

96-2

Position of HHC President Marcos at NYU Medical School

96-3

Paying for Value of Gift less $50

96-4

Community Board Member Proposes to Represent Private Interests before Community Board

96-5

Law Firm of Part-Time Commissioner Representing Industry Group defending Commission's Rule

96-6

Former City Employee Serving as Paid Expert Witness Against the City

96-7

Application of Particular Matter Bar to Former City Hearing Officer

96-8

Community Board Chairs and Matters Involving Their Private Interests

1997

97-1

Brooklyn Public Library Is Arm of Government for Purposes of the Post-Employment Restrictions

97-2

NYCHA Residency Preference for Police Officers

97-3

Proposed City Business of Spouse of Commissioner Handy

1998

98-1

Spouse of Public Servant Employed by Firm Responding to RFP's Issued by Her Division

98-2

Parking Meter Employees Marketing Their Invention to the City

98-3

Imputed Ownership Interest of NYCHA Employee Bat-Sheva Horodniceanu

98-4

NYPD Paid Detail Program

98-5

City Employees Moonlighting through Temp Firms

98-6

Unpaid Endorsement of Documentary Film

98-7

Outside Business whose Regular Customers Have City Business Dealings

98-8

Non-Policymaking Volunteers for Not-for-Profit Organizations

98-9

Waivers for Community Board Members to Make Otherwise Prohibited Appearances

98-10

Pro Bono Legal Services to Community School Board

98-11

When One-Year Post-Employment Clock Starts to Run

98-12

Fundraising and Sales Within a City Office

98-13

HPD Employees Renting Apartments to Section 8 Recipients

98-14

Elected Officials Fundraising for Not-for-Profit Organizations (but see AO 2008-6)

1999

99-1

Ex Officio Service on Not-for-Profit Boards

99-2

When a Subcontractor on a City Contract Will be Deemed to Have Business Dealings with the City

99-3

"Representation" of Government Agency for Purposes of Government-to-Government Exception to Post-Employment Restrictions

99-4

Outside Teaching

99-5

Outside Writing

99-6

Moonlighting at CUNY or SUNY

2000

2000-1

Application of Conflicts of Interest Law to Charter School Employees

2000-2

Post-Employment Waivers in Cases of Public-Private Partnerships

2000-3

Police Commissioner's Endorsement of Book Supporting the Police Museum

2000-4

Gifts of Complimentary Tickets (see also AO 2012-4)

2001

2001-1

Application of Ban on Political Fundraising by Policymakers to Case Where the Policymaker Is the Candidate

2001-2

Political Fundraising by Community School Board Members Seeking Elective Office

2001-3

Outside Practice of Law

2002

2002-1

Financial Interests of Mayor Bloomberg

2003

2003-1

Policymakers Running for Election as District Attorney

2003-2

Chairing Community Board Committee that Considers Liquor Licenses

2003-3

Appointing Relative of Councilmanic Aide to Community Board/Council Member Hiring Community Board Member

2003-4

Fundraising for the City

2003-5

Voter Assistance Commission

2003-6

City Employees Moonlighting for Political Campaigns

2003-7

Financial Interests of Deputy Mayor Doctoroff

2004

2004-1

Public Members of Community Boards

2004-2

Sou-sous, aka Savings Clubs

2004-3

Relatives of Community Board Members Serving As Staff to the Community Board

2005

2005-1

Salary Supplements

2005-2

Moonlighting and Volunteering at Charter Schools

2005-3

Community Board Votes on Rezonings

2006

2006-1

Private Employment of Members of Community Education Councils

2006-2

Accepting Complimentary Invitations from Lobbyists

2006-3

Labor Union Conventions

2006-4

Discounts for Hotels, Car Rentals, Cell Phone Service

2006-5

Frequent Flyer Miles

2007

2007-1

Post-Employment Waiver for Members of Community Education Councils

2007-2

Private Activity, Paid and Unpaid, of City Planning Commissioners

2007-3

Gifts from Registered Lobbyists of Complimentary Attendance at Widely Attended Events

2007-4

Financial Interests of Mayor Bloomberg

2008

2008-1

Post-Employment Restrictions for Public Servants Who Serve Multiple Agencies

2008-2

Community Boards: Voting on Matters Involving Organizations with Which Members Have Some Affiliation

2008-3

Proposed Legislation Altering Term Limits

2008-4

Post-Employment Waivers: When the Public-Private Partnership Test Will Apply

2008-5

Practicing Criminal Defense Law

2008-6

Fundraising for Not-for-Profit Organizations

2009

2009-1

Use of City-Owned Vehicles

2009-2

Council Grants of Discretionary Funding

2009-3

Application of the Conflicts Law to the City's Pension Systems

2009-4

Law Firm Associates on Loan to City Agencies

2009-5

One-Year Ban and Communications Seeking Political Endorsements

2009-6

Water Board Members/Fundraising for PAC's

2009-7

Trading in City Debt Securities

2010

2010-1

Simultaneous Service on Community Board and Community Education Council

2010-2

Cash Awards in Recognition of City Service

2011

2011-1

Matters Involving Clients of a Firm with Which a Public Servant is Affiliated

2011-2

Acceptance of Payment for Travel

2012

2012-1

Financial Interests of Deputy Mayor Steel

2012-2

Post-Employment Waivers

2012-3

Raffle Prizes

2012-4

Complimentary Tickets to Sporting and Entertainment Events

2012-5

Activities Related to Political Campaigns

2013

2013-1

Gifts Between City Employees

2013-2

Letters of Reference

2014

[none]

2015

[none]

2016

2016-1

Acceptance of Payment for Mixed Purpose Travel

2017

2017-1

Social Media and Political Activities

2017-2

Legal Defense Funds

2017-3

Policymaking Boards and Commissions

2017-4

Activities Related to Political Campaigns II

2017-5

Lottery Pools

2018

2018-1

Compensation for Overbooked Flights