Lobbying Contacts - (PAL Section 2987)
BOARD MEETING NUMBER: 745
RESOLUTION NUMBER: 6252
DATE: July 9, 2020
POLICIES - ADMINISTRATIVE
The purpose of this Policy is to ensure that the New York State Thruway Authority (Authority) records and maintains lobbying contacts in accordance with Article 12-A, Section 2987 of the Public Authorities Law, as established by the Public Authorities Reform Act of 2009 and as amended to compel uniform standards of transparency and accountability with regard to recording contacts made by lobbyists to members, officers or employees of State authorities.
Every person or organization retained, employed or designated by any client to engage in lobbying. The term “lobbyist” shall not include any officer, director, trustee, employee, counsel or agent of the State, or any municipality or subdivision thereof of New York when discharging their official duties; except those officers, directors, trustees, employees, counsels, or agents of colleges, as defined by Section 2 of the Education Law.
Any attempt to influence:
- the adoption or rejection of any rule or regulation having the force and effect of law by the Authority; and/or
- the outcome of any rate making proceeding by a public authority.
Any conversation, in person or by telephonic or other remote means, or correspondence between any lobbyist engaged in the act of lobbying and any person within the Authority who can make or influence a decision on the subject of the lobbying on behalf of the Authority, and shall include, at a minimum, all members of the governing Board and all officers of the Authority.
- The Authority shall maintain a record of all lobbying contacts made with the Authority.
- Every member, officer or employee of the Authority who is contacted by a lobbyist shall make a contemporaneous record of such contact containing:
- the day and time of the contact;
- name, business address and telephone number of the lobbyist;
- lobbyist’s principal place of employment; and
- a general summary of the substance of the contact.
- All records shall be delivered to the Director of Audit and Management Services. The Department of Audit and Management Services shall maintain such records for not less than seven years in a filing system designed to organize such records in a manner so as to make such records useful to determine whether the decisions of the Authority were influenced by lobbying contacts.
- RECORDING OF LOBBYING INFLUENCES NOT RELATED TO RULES AND REGULATIONS AND/OR RATE MAKING PROCEEDINGS
This Policy is separate and distinct from lobbying influence in Authority procurements. Attempts to influence procurements must be recorded, documented in the procurement file and, if necessary, referred for investigation.