Relates to contracts involving state agencies

1 Co-sponsor

• Andrew J. Lanza

Title of bill

An act to amend the public officers law and the New York city charter, in relation to contracts involving state agencies; and to amend the general municipal law, in relation to restrictions on appearance before a municipal department or agency

Purpose

This legislation would clarify who are subject to the inter and intra agency exception pursuant to the Freedom of Information Law and limit the ability of private contractors with State and Municipal Agencies from representing clients before those agencies while such a contract is in effect.

Summary of provisions

Section 1 modifies the public officers law to limit the inter/intra-agency exception from applying to materials exchanged between state/municipal entities and non-state/municipal entities where no contract exists.

Section 2 limits the ability of private contractors with state agencies from being authorized to appear before those same agencies on behalf of a private client.

Section 3 limits the ability of private contractors with New York City agencies from being authorized to appear before those same agencies on behalf of a private client. Additionally, where such contract is with the Mayor or City Council, such private contractors would be wholly restricted from appearing before all city agencies on behalf of private clients until the term of the contract has ended.

Section 4 would prohibit municipal employees or officers from appearing in front of the same municipality on behalf of private clients or interests and limits the ability of private contractors with municipal departments or agencies from being authorized to appear before those same departments or agencies on behalf of a private client. Additionally, where such contract is with the Chief Executive or the legislative body of such municipality, such private contractors would be wholly restricted from appearing before all municipal agencies or departments on behalf of private clients until the term of the contract has ended.

Section 5 of the legislation is the effective date

Justification

This legislation is necessary to clarify when the inter/intra agency exception applies for purposes of FOIL in order to limit this exceptions application to materials and communications between a state or municipal entity and a non-contracted third party. Previous abuses have occurred in relation to the application of this exception that necessitate modification.

Additionally, this legislation would criminalize the representation of clients before the state and municipalities where the representing party has contracted with a state/municipal agency or department to provide services. This legislation is necessary to explicitly establish the conflict that exists as a product of these contracts in order to restore the public trust.

Legislative history

New Legislation.

Fiscal implications

There are no costs to the state or localities

Effective date

This act shall take effect on the forty-fifth day after it shall have become a law.