Advisory Opinions

The Board issues Advisory Opinions to make public the confidential advice the Board provided to a public servant seeking an interpretation of Chapter 68. Pursuant to Section 2603(c)(4) of the New York City Charter, Advisory Opinions apply only to the individual public servant who requested that advice; current and former public servants are encouraged to contact the Board to obtain advice on the application of the conflicts of interest law to their own facts and circumstances.

The drop-down menus below contain links to each Advisory Opinion, organized by year, along with a searchable spreadsheet of Advisory Opinions.

The complete text of all Advisory Opinions can be accessed in a searchable library of decisions by City agencies called CITYADMIN, hosted by the Center for New York City Law of the New York Law School. Go to CITYADMIN, Hosted by the Center for New York City Law

Advisory Opinions

Searchable Spreadsheet of Advisory Opinions

Click a year, or press the enter key on a year, for links to the Advisory Opinions from that year.




91-1: High-Ranking Official Appearing in Advertisement for a For-Profit Entity

91-2: Spouse of Public Servant Bids to Perform Work for Public Servant's City Agency

91-3: Community Boards: Discussing or Voting on Matters Involving a Member's Private Interests or Involving a City Agency Where the Member is Employed

91-4: Offer of Honorarium to Elected Official for Speech Related to Official's City Duties

91-5: Teaching a Course on a Subject Directly Involving One's Official Duties

91-6: Offer of Honorarium for Teaching Unrelated to One's City Duties

91-7: Private Practice of Law (but see AO 2001-3)

91-8: Waivers of the One-Year Post-Employment Ban May Be Granted, But Sparingly

91-9: Serving As Expert Witness for Out-of-State Municipality

91-10: Charitable Fundraising by High-Ranking Officials (but see AO 2003-4 and AO 2008-6)

91-11: Service on a City Commission by the Law Assistant to a State Court Judge

91-12: Community Boards: Chairs and District Managers Are Not "Public Servants Charged with Substantial Policy Discretion"

91-13: Agency Head Serving as President of Dormant, For-Profit Corporation

91-14: Outside Employment by High-Ranking Part-Time Official

91-15: Collaboration with an Institution That Employs One's Spouse

91-16: Moonlighting for a Not-for-Profit Whose Mission Is Very Similar to the Mission of One's City Agency

91-17: Serving Merely as a Member of a Political Party Committee

91-18: Participating In Auction of Property Conducted by One's Own City Agency

91-19: FOIL Requests and the One-Year Post-Employment Ban

91-20: Acceptance of Prize in Contest Open to All U.S. Residents


92-1: High-level Official Serving on a City Advisory Board

92-2: Application of Pre-1990 Post-Employment Restrictions to Official Who Left Prior to April 1, 1990

92-3: Renting an Apartment Whose Vacancy Was Not Advertised Where Employee Learns of Vacancy through City Job

92-4: Agency Purchases from a Store Owned by the Parents of High-Ranking Employee of the Agency

92-5: Member of City Commission Whose Private Firm Has Matters before that Commission

92-6: Appointment of Retired Goldman Sachs Partner as Deputy Comptroller for Asset Management

92-7: Serving on a Co-op or Condo Board

92-8: Agency Head Handling Matters Involving Not-for-Profit That He Had Founded and Led

92-9: Financial Interests of Incoming Deputy Mayor Sullivan

92-10: Gift to Elected Official of Resort Trip from Firm with No City Business Dealings

92-11: DEP Employee Selling Watershed Property to the City

92-12: Agency Head Serving on Board of For-Profit Corporation

92-13: Post-Employment Waiver for High-Ranking Official Denied

92-14: Scholarship for Children of FDNY and NYPD Employees

92-15: Agency Head Serving on Honorary Committee for Charity's Annual Benefit (but see AO 2008-6)

92-16: Application of Job-Seeking Restriction to Positions at a BID

92-17: Post-Employment Waiver for Position at Not-for-Profit That Has Contracts with Departing Employee's Agency

92-18: Participating in Bar Association Discussions of Amicus Brief in Litigation Against the City

92-19: Private Entities Pay for Head of Film Office to Attend Cannes Festival

92-20: Service in Local Government Positions by City Employees Residing in the Watershed

92-21: Soliciting and Accepting Gifts to the City (but see AO 2003-4)

92-22: Elected Awarding Funding to Not-for-Profit on Whose Board He is Ex Officio Member (see also AO 2009-2)

92-23: Gift of Free Travel to Elected Official

92-24: Service on Not-for-Profit Board

92-25: High-Level, Part-Time Commissioner Proposing Outside Activities

92-26: Appointee to High-level Part-Time Position Whose Firm Will Have Matters before Appointee's City Agency

92-27: Community Board Soliciting Funds for Land Use Study

92-28: Councilmanic Aide Providing Legal Services to Council Member and to Organizations with Matters Before the Council

92-29: Raising Funds for City Employee Seriously Injured in Auto Accident

92-30: Moonlighting by Incoming Mental Health Commissioner Marcos

92-31: Community Board Member Proposing to Provide Compensated Legal Services to Community Board

92-32: Post-Employment Appearances before DOB by Electricians

92-33: Offer of Gift to the City from Donor with Major Matter Pending

92-34: Parks Employees Receiving Salary Supplements from Parks Conservancies

92-35: Ownership in Building Receiving City Payments for Renting to Public Assistance Recipients

92-36: Appearances before DOB by City Employees Moonlighting as Electricians

92-37: Request for Post-Employment Waivers from Former Deputy Commissioner

92-38: Former Public Servant's Involvement Not "Substantial" within Meaning of Particular Matter Bar


93-1: Part-Time Councilmanic Aide Serving as President of Local Development Corporation

93-2: Chair of Community Board Youth Services Committee by Person Who Is also a Member of the Local Community School Board

93-3: Community Board Members Voting on Budget Priorities Affecting Local Development Corporations They Serve as Unpaid Directors

93-4: High-Ranking Official Serving as Executive Director of Affiliate of Not-for-Profit with City Contracts

93-5: Proposed Service on Board of Publicly-Traded For-Profit

93-6: Mere Listing of Name of Public Servant with Substantial Policy Discretion on Committee for Political Fundraiser Is Not a Prohibited Solicitation of a Political Contribution

93-7: Work of Part-Time Commissioner on a City Project, Part of Which Is Subject to the Commission's Review

93-8: Application of Job-hunting Restriction to City Employee Who Conducts Research and Analysis

93-9: Service of Community Board District Manager on Not-for-Profit Boards

93-10: PVB Administrative Law Judges Are Subject to the Conflicts of Interest Law

93-11: One-Year Post-Employment Ban Does Not Restrict Appearances by Partners of Former Public Servant or Prohibit Their Use of Stationery Bearing Name of Former Public Servant

93-12: The "Consulting Back" Variation on the Government-to-Government Exception to the Post-Employment Restrictions

93-13: Local Development Corporation in Question Is Arm of City Government Employment at Which Falls within Government-to-Government Exception to Post-Employment Restrictions

93-14: Service on Board of Not-for-Profit That is Acquiring Property Subject to Jurisdiction of Public Servant's Agency

93-15: Fundraising by Council Members for Charities in Their Districts (but see AO 2008-6)

93-16: Tax Assessors Owning Real Property for Investment Purposes

93-17: Part-Time Commissioner Employed at Public Benefit Corporation with Matters before the Commission

93-18: Application for Post-Employment Waiver Denied to Former City Employee Working at For-Profit Corporation

93-19: Outside Activities of ECB Members

93-20: Counsel to High-level Elected Official has Substantial Policy Discretion and Is Therefore Subject to Special Restrictions on Certain Political Activities

93-21: Nominating Relatives or Employees of Other Elected Officials to Community Boards

93-22: Part-Time Commissioner Proposing Work on a Project That Would Ultimately Be Reviewed by the Commission

93-23: Proposed Criminal Defense Practice by Public Servant with Police Officer Status

93-24: Paid Work for Political Campaigns

93-25: Publication of Book Describing Author's City Work (see also AO 99-5)

93-26: Soliciting Contributions for Not-for-Profit Formed to Support Programs of the District Attorney of Kings County

93-27: City Employee with Interest in For-Profit Corporation That Will be Seeking City Business

93-28: Spouse of Public Servant Makes Appearances before Public Servant's Agency

93-29: Position of Spouse at Private Firm with City Business Dealings

93-30: Post-Employment Waiver Application from Former Employee Concerning Next-to-last City Agency He Served

93-31: Departing Public Servant Seeking a Position at a SUNY Facility

93-32: Member of City Planning Commission Seeking Work through Department of General Services


94-1: City Employee Contracting to Provide Consulting Services to Another City Agency

94-2: City Official's Former Firm Bidding for City Work

94-3: City Employee's Spouse Renting Property from His City Agency

94-4: Acceptance of Computer as Gift to the City

94-5: Unpaid Fact Witness Will Not Violate Particular Matter Bar

94-6: Part-Time Public Servant Employed at Firm Receiving Funding from His City Agency

94-7: This Local Development Corporation is An Arm of Government for Purposes of Post-Employment Restrictions

94-8: City Employee Owning Campaign Consulting Firm

94-9: Acceptance of Raffle Prizes as Gifts to the City

94-10: Investments in Retirement Accounts, Mutual Funds, and Government Debt

94-11: Agency Head Owns Real Property in the City

94-12: Gift of Ceremonial Sword May Not Be Accepted

94-13: Incoming Agency Head Whose Husband is Partner in Law Firm with City Business

94-14: Fees Charged by Training Institute of Human Rights Commission

94-15: Post-Employment Waiver Granted to Work at Not-for-Profit Closely Related to the City

94-16: Incoming Agency Head Teaches at College that Sends Interns to His City Agency

94-17: Commissioner's Vote on a Bank's Project, Where a Client of the Commissioner's Firm Has a Close Relationship with the Bank

94-18: High-level Official Places Investments in Blind Trust

94-19: Waiver of One-Year Ban for Work at Not-for-Profit Organizations

94-20: City Employee Whose Spouse Works at Private Firm that Deals with Employee's City Agency

94-21: This BID Is an Arm of Government for Purposes of the Post-Employment Restrictions

94-22: Post-Employment Waiver to Head New Bio-Med Center

94-23: Approval of Invitation to Trade Association's Golf Outing

94-24: Appearances of Part-Time Commissioner's Law Firm before His City Commission

94-25: Blind Trust, plus Ownership of Several Co-op Apartments

94-26: Blind Trust, plus Uncompensated Service to Not-for-Profits

94-27: Continued Service on Co-op Board of Incoming High-level City Employee

94-28: Council Member Advocating for His Business Associate versus Member Supporting Legislation that Could Benefit this Associate (see also 2009-2)

94-29: Fundraising by Medical and Health Research Association in Support of Department of Health


95-1: The "Consulting Back" Variation on the Government-to-Government Exception to the Post-Employment Restrictions

95-2: Unpaid Endorsement of Book on Topic Related to Official's City Work

95-3: Moonlighting Waivers for Outside Teaching Need Not Be Renewed Annually

95-4: Soliciting Participation in a City Program and, if Accepted, Resigning from City Service

95-5: Soliciting Discounts for Private Businesses

95-6: Moonlighting Architects and Engineers Filing Plans at DOB

95-7: High-level Official Serving on Not-for-Profit Board

95-8: "Agency Served" for PVB ALJs is Department of Finance

95-9: Moonlighting as a Private Investigator

95-10: Proposed City Business Dealings of Spouse's Firm

95-11: Serving on Board of Co-op That is Applying For Loan from One's Own City Agency

95-12: Part-Time Commissioner with Ownership in Buildings under Jurisdiction of His City Agency

95-13: Political Fundraiser at Home of Policymaker, albeit Sponsored by His Wife

95-14: Offer of Special Banking Privileges to Employees of All Businesses in Local Area

95-15: Moonlighting Waiver to Work for BID Denied

95-16: Police Department Employee Moonlighting for PBA to Assist with Pension Calculations

95-17: Proposed Outside Legal Work by Councilmanic Aide

95-18: Chairing Community Board Committees

95-19: DOHMH Family Court Clinicians Moonlighting in Family Court Matters Involving Custody and Visitation

95-20: Borough President Molinari Serving on Board of Federal Home Loan Bank of New York

95-21: City Dealings of Firm Owned by Public Servant's Spouse

95-22: Paid Service on Co-op Board

95-23: Application of Particular Matter Bar to Bills Re-introduced in Subsequent State Legislative Sessions

95-24: Use of City Staff and Resources for Non-Partisan Voter Registration

95-25: Service on Co-op Board in Building in Which Public Servant Owned Eleven Apartments

95-26: When Contracting for a City Agency Will Be Considered a "Second City Job" and thus Not Require a Moonlighting Waiver

95-27: Community Board Fundraising

95-28: Award of Watch for Heroism

95-29: HRA Employees Renting Apartments to Public Assistance Recipients




















No opinions issued.


No opinions issued.