Nojay Legislative Ethics Commission Opinion

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Following is the text of an email from the executive director of the New York Legislative Ethics
Commission, Lisa Reid, regarding a review of Assemblyman William Nojay’s involvement in a
company competing for a position in Rochester’s school modernization program. The letter was
sent to Kevin Engel, who serves as ethics counsel for Assembly Republicans.

From: Lisa Reid <[email protected]>
Date: September 9, 2015 at 3:27:34 PM EDT
To: "Kevin Engel" <[email protected]>
Cc: Kathleen Seibert <[email protected]>
Subject: Request from Assemblymember Nojay
Kevin As you know, Assembly Member Nojay had requested guidance on whether or not any
provisions of Public Officers Law or Rules of the Assembly would affect his serving "of
counsel" to a law firm. His role would be solely to handle legal issues arising from DeWolff
EPIC LLC's performance of Program Management Services for a contract to be awarded by
the Rochester Joint Schools Construction Board (RJSCB) if DeWolff is awarded the contract
pursuant to an RFP. I have attached the member's original request and information
regarding RJSCB to this e-mail for your convenience.
Based upon the information provided by the member and additional information, I note the
following relevant facts:
-RJSCB is not a state agency pursuant to Section 73(g) for the purposes of ethics laws.
-The funding for the project is solely from a bond issue to be let by the City of Rochester.
-Although the project was authorized by the NYS Legislature in June of 2014, the Member
voted "Nay" (Chapter 533 of the Laws of 2014)
-Neither Reeve Brown PLLC (the firm where the member would be "Of Counsel" nor DeWolff
EPIC,LLC are registered as a lobbyist or the client of lobbyist. (Although DeWolff
Partnership Architects was registered as the client of a lobbyist in 2007-2008)
Based upon the facts presented, the member's anticipated position would not pose a
"substantial conflict with the proper discharge of his duties in the public interest," (Public
Officers Law Section 74(2)) provided that he adheres to the standards of conduct outlined in
Public Officers Law Section 74(3)
and properly reports the position and income on his Annual Statement of Financial
Disclosure.
With regard to standards of conduct, I note, in particular, Section 74(3)(d):
d. No... member of the legislature... should use or attempt to use his or her official position
to secure unwarranted privileges or exemptions for himself or herself or others, including
but not limited to, the misappropriation to himself, herself or to others of the property,

services or other resources of the state for private business or other compensated
nongovernmental purposes.
Clearly, the member may not identify himself as a Member of the Assembly in his "Of
Counsel" position. As a best practice, I would also recommend that his name not be
included on the RFP.
It should also be noted that should the project have any issues with the state, that the
member would be limited in his ability to appear before state agencies pursuant to Public
officers Law Section 73(7)(a) which reads in relevant part:
7. (a) No ....member of the legislature...shall receive, directly or indirectly, or enter into any
agreement express or implied for, any compensation, in whatever form, for the appearance
or rendition of services by himself or another in relation to any case, proceeding, application
or other matter before a state agency where such appearance or rendition of services is in
connection with:
(i) the purchase, sale, rental or lease of real property, goods or services, or a contract
therefor, from, to or with any such agency;
(ii) any proceeding relating to rate making;
(iii) the adoption or repeal of any rule or regulation having the force and effect of law;
(iv) the obtaining of grants of money or loans;
(v) licensing; or
(vi) any proceeding relating to a franchise provided for in the public service law
Finally, the member will be required to appropriately report the employment on his Annual
Statement of Financial Disclosure, including possibly Question
5(a) (significant business with a local agency); 8(a) (practice of law and specific duties); 13
(income)
and possible reporting of the client, depending upon when he actually takes the
client and the amount paid for services.
Please let me know if you or the member have any additional questions or concerns. If the
member would like a formal, binding opinion on this matter in the future, please let me
know.
Lisa

Lisa P. Reid
Executive Director/Counsel
Legislative Ethics Commission
(518)432-7837
Senate ext. 2142
Assembly ext. 5218

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