The newly-established New York Commission on Ethics in Lobbying and Government recently took over as the state’s regulator of lobbying and government ethics, replacing the old Joint Commission on Public Ethics.  This change in the enforcer and a new group of commissioners could spell more rigorous enforcement of the state’s lobbying disclosure and ethics rules.  

The new body was created by the Ethics Commission Reform Act of 2022, a portion of the state budget bill enacted this spring.  While there are no changes to any substantive law, the effort is part of Gov. Kathy Hochul’s plan to clean up the operations of the ethics regulator and increase its transparency and independence. 

Its creation comes after the Joint Commission on Public Ethics (“JCOPE”) faced controversy over enforcement of public ethics and lobbying laws.

As part of the reforms, members of the new commission will be barred from making or soliciting contributions to candidates, PACs, parties, committees, newsletter funds, or political advertisements for candidates for the offices of Governor, Lieutenant Governor, the Legislature, Attorney General, and Comptroller.  The members, who will serve for staggered terms, will elect a chairperson to serve for a two-year term.

The Governor, state Senate, Assembly, Comptroller, and Attorney General will each submit nominees for the 11-member commission.  This number is down from the 14-member composition of the Joint Commission on Public Ethics, but adds appointments by the Comptroller and Attorney General.  The nominations will then be reviewed by law school deans for approval or denial.  Gov. Hochul announced her first two proposed appointees last week.

Although the changes do not alter or revoke any regulations or advisory opinions, the commission has the authority to adopt, amend, and rescind rules and regulations.  The commission also has the power to develop training programs on ethics and lobbying.  We expect the commission might make an early effort to show its independence by making changes to the regulations or announcing new enforcement initiatives, but time will tell.

Tags: CELG, JCOPE, New York
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Photo of Andrew Garrahan Andrew Garrahan

Andrew Garrahan represents and counsels clients at the intersection of law and politics. He guides them through both regulatory compliance issues and government investigations on matters including state and federal campaign finance, ethics, lobbying, and corruption, as well as in congressional investigations.

Andrew’s…

Andrew Garrahan represents and counsels clients at the intersection of law and politics. He guides them through both regulatory compliance issues and government investigations on matters including state and federal campaign finance, ethics, lobbying, and corruption, as well as in congressional investigations.

Andrew’s prior career in political fundraising gives him a unique perspective on the challenges faced by his clients, which include corporations, candidates, government officials, political and nonprofit organizations, and private individuals.

Andrew’s counseling and advisory practice includes:

  • guiding clients on structuring of and compliance for their state and federal lobbying and grassroots advocacy campaigns;
  • representing campaigns, Super PACs, corporations, trade associations, and individuals on the applicability of the Federal Election Campaign Act (FECA) and state campaign finance law;
  • counseling on Foreign Agents Registration Act (FARA) registration and disclosure, and its interaction with the Lobbying Disclosure Act (LDA);
  • helping companies comply with state and federal ethics laws, particularly on gifts and conflicts of interests, and domestic anticorruption; and
  • auditing corporate political law compliance practices.

Andrew’s investigations and defense work includes:

  • representing clients in Congressional investigations, including responding to letter requests and subpoenas;
  • preparing company officers and other individuals for testimony in Congressional investigative hearings;
  • defending clients in Department of Justice matters related to campaign finance, lobbying, ethics, and public corruption; and
  • representing clients before the FEC and state campaign finance, lobbying, and ethics regulators.
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Photo of Kimberly Railey Kimberly Railey

Kimberly Railey is an associate in the firm’s Washington, DC office. She is a member of the Election and Political Law Practice Group, advising corporations, PACs, nonprofits, and individuals on compliance with federal and state lobbying, campaign finance, and government ethics laws. She…

Kimberly Railey is an associate in the firm’s Washington, DC office. She is a member of the Election and Political Law Practice Group, advising corporations, PACs, nonprofits, and individuals on compliance with federal and state lobbying, campaign finance, and government ethics laws. She also represents and counsels clients in matters before government agencies and Congress.

Prior to law school, Kimberly was a political reporter for a nonpartisan publication in Washington, DC.

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