NY Ethics Commission February 2024 Letter to DiNapoli

Re storing public trust in state gov e rnme nt FREDERICK A. DAVIE CHAIR LEONARD B. AUSTIN VICE-CHAIR AVA AYERS DOLLY CARABALLO MICHAEL A. CARDOZO CLAUDIA L. EDWARDS NANCY G. GROENWEGEN SEYMOUR W. JAMES, JR. MEMBERS 540 BROADWAY ALBANY, NEW YORK 12207 ethics.ny.gov SANFORD N. BERLAND EXECUTIVE DIRECTOR PHONE: (518) 408-3976 FAX: (518) 408-3975 ethics@ethics.ny.gov February 2, 2024 Via Email Hon. Thomas P. DiNapoli Comptroller NYS Office of the Comptroller c/o Camille Jobin-Davis, Special Counsel for Ethics @ocs.ny.gov Dear Comptroller DiNapoli: The following ethics guidance is provided by the staff of the New York State Commission on Ethics and Lobbying in Government (“Commission”), pursuant to Executive Law § 94(7)(a) and Title 19 NYCRR Part 931, in response to your request for approval to accept payment and/or reimbursement of expenses from the Jewish Community Relations Council of New York related to your participation in a Mission of Solidarity and Unity to Israel on February 19-23, 2024. Based on the information provided, Commission staff is of the view that your request satisfies the regulatory conditions for approval; it is therefore approved. The Jewish Community Relations Council of New York (JCRC-NY) is a not-for-profit organization that is a resource and coordinating body for 60 member organizations in the New York City metropolitan area. As an active force in New York civic and communal life, JCRC-NY operates as a central coordinating and resource body to: • Be a common table to cultivate understanding and joint action among diverse groups within the Jewish community; • Cultivate deeper relationships with the broader New York community to address critical issues and engender a shared society; • Ensure the security of the Jewish community in the face of rising antisemitism; and

Hon. Thomas P. DiNapoli Page 2 of 3 February 2, 2024 • Foster understanding and appreciation for the Jewish community’s relationship with Israel, and to increase knowledge, exposure, and support for Israel among diverse groups of New Yorkers.1 You report that the purpose of the trip is to allow you and other elected leaders to receive high-level briefings on the status and impact of the ongoing conflict; to visit affected sites; to engage with those affected; and to witness voluntary social service efforts. You have stated that, as a constitutional officer of the State with many ties to the State of Israel and as the fiduciary of the New York State Common Retirement Fund (the “Fund”) – which has a substantial financial interest in the continued health of the Israeli nation and economy – this trip will be critical for you, as the sole trustee of the Fund, to garner an essential understanding of the current state of affairs and future plans of the State of Israel in the wake of the October 7, 2023 terrorist attacks. The JCRC-NY has offered to pay or reimburse your expenses as follows: 1) travel, $1700.00 airfare; 2) hotel accommodations, $2,200.00; 3) meals, $1,000.00; and 4) local transportation and staffing $2,000.00, for a total of $6,900.00. Turning to the requirements of the regulations, the expenses to be paid are only for the time that your presence is reasonably required at the event, and you report that the expense could be lawfully paid by the Office of the State Comptroller (the “Office”) under its official activity expense policy. You report that the JCRC-NY is not an Interested Source, as that term is defined in 19 NYCRR Part 931; the organization has no business pending before the Office and a comprehensive search of contract and payment records maintained by the Office recovered no records of the JCRC-NY maintaining a contractual relationship with any State agency. The Office has further determined that the JCRC-NY is not paying the expenses on behalf of another party to conceal the identity of an Interested Source. Finally, staff believes that your participation in the meeting—and reimbursement of the related expenses—is consistent with Public Officers Law § 74. You should note, however, that the substance of this advice and opinion has been considered by members of the Commission, 2 a number of whom are of the view that the proposed reimbursement could give reasonable basis for the impression that a person could improperly influence you or unduly enjoy your favor in the performance of your official duties. 3 Additionally, if analyzed as a gift to you from a non-Interested Source,4 the gift is presumptively permissible unless at least one of the following criteria is met: (1) it could reasonably be inferred that the Gift was offered or given with the intent to influence the Covered Person, or 1 https://www.jcrcny.org/about-us/ (accessed 1/29/2024). 2 Pursuant to the process set forth in the Commission's Resolution 23-02. 3 See Public Officers Law § 74(3)(f). 4 See Title 19 NYCRR Part 933.To be clear, this payment is not a gift because it is intended to cover the expense related to an official activity but the analysis is similar and, therefore, instructive.

Hon. Thomas P. DiNapoli Page 3 of 3 February 2, 2024 (2) the Gift could reasonably be expected to influence the Covered Person in the performance of his or her official duties, or (3) it could reasonably be inferred that the Gift was offered or given with the intent to reward the Covered Person for any official action on his or her part. Since the JCRC-NY has no business pending before the Office, and indeed no business pending before any State agency, there is no reasonable basis for inferring that you could benefit the JCRC-NY through the performance of your official duties. Please note that regardless of whether any payment or reimbursement for official activity expenses is made to you, the Department, or another entity, any payment or reimbursement from each source which totals more than $1,000 must be reported in your Annual Statement of Financial Disclosure for the applicable reporting period, pursuant to Section 73-a of the Public Officers Law. You should also note that the Commission staff has relied upon the accuracy and completeness of the information you have provided in preparing this guidance and approval to accept the Official Activity Expense Payment being offered to you by the JCRC-NY. You may rely on this advice and approval, absent misrepresentation or omission of material facts to the Commission, and this guidance shall be treated as confidential, except as disclosure is needed to prevent or rectify a crime or fraud, or to prevent a substantial threat to public health or safety, or if required by court order. Please note that the Commission may modify any informal guidance rendered by staff and, going forward, require staff to reconsider its interpretation of existing precedent consistent with the Commissioners’ interpretation of the applicable statutes, regulations, and formal Advisory Opinions and their precedential value, with any modification operating prospectively regarding you and the circumstances described in this informal opinion. Sincerely, Michael E. Sande Director of Ethics and Deputy Counsel MS: