As part of a comprehensive reform of the New York State ethics law, New York enacted the Public Integrity Reform Act of 2011 (Ch. 399, Part A, § 4, L. 2011). One of the requirements of the law is the creation and maintenance of a database by the New York State Office of General Services (“OGS”) to collect information from state agencies and public authorities on substantive interactions between state decision makers and those seeking to influence the decisions made by the state decision makers (Project Sunlight).
For more information on Project Sunlight, see the New York Project Sunlight Policy.
Project Sunlight At DASNY
An appearance (a substantive interaction that is meant to have an impact on DASNY’s decision-making process) between covered individuals must be reported to the Project Sunlight database if it relates to one of the following subject areas covered by Project Sunlight:
- Procurement of real property, goods or services
- Rate making
- Regulatory matters
- Judicial or quasi-judicial proceedings
- Adoption or repeal of a rule or regulation
Reportable appearances only include:
- In-person meetings
- Video conferences
Note: Reportable appearances do not include written communications such as letters, faxes, forms, and emails, nor do they include telephone calls.
Project Sunlight applies to DASNY staff and Board members who have the power to exercise DASNY discretion or advise someone who has that discretion. Covered individuals must report appearances by all representatives of an entity including:
- Outside representatives, such as a lobbyist.
- Inside representatives, like an officer or general counsel.
- Individuals appearing on their own behalf.
The following exceptions to reporting exist and as such, will not be reported by DASNY:
- Ministerial or informational appearances, such as communications to schedule meetings or requests for information.
- Written communications such as letters, faxes, or emails.
- Telephonic conversations.
- Appearances regarding legislation or the budget.
- Any appearance related to individuals or matters that are treated as confidential pursuant to federal or state statute, rule or regulation.
- Any appearance that if disclosed could endanger the life or safety of any person.
- Participation in meetings which are open to the public, such as conferences or meetings subject to the Open Meetings Law or where a record of the meeting is otherwise publicly available.
- Appearances between a covered individual at DASNY and an agent of DASNY, such as a consultant.
- Any appearance that if disclosed could subject an individual to a risk of retaliation or adverse employment action.
- Permissible appearances during the restricted period of the procurement process as set forth in State Finance Law § 139 (j) and (k).
- Participation in widely attended industry or professional conferences, including attending panels, participating in training or educational programs, or visiting booths on a show floor or exhibit.
- Appearances that are purely informational and occur at the request of DASNY—e.g., DASNY is conducting market research, seeking information of its own accord to inform a policy decision, or reaching out to a minority or women-owned business enterprise (MWBE) or service-disabled veteran-owned business (SDVOB) to determine interest in and availability to provide goods or services.
- Routine issuance of building permits and certificates of occupancy following approval of DASNY construction projects.
- Appearances related to procurements under $25,000.
- Appearances related to emergency procurements.
- Appearances related to public auctions.
DASNY complies with Project Sunlight by reporting qualifying appearances into the Project Sunlight database, which is hosted by OGS. Project Sunlight compiles the data reported and makes it publicly available.
Questions regarding Project Sunlight should be directed to the Project Sunlight Liaison at: [email protected].