New York Public Personnel Law: Prohibition against personal use of state property by State officers and employees and other political campaign matters

July 27, 2012

Prohibition against personal use of state property by State officers and employees and other political campaign matters

Prohibition against personal use of state property by State officers and employees and other political campaign matters

Governor Andrew M. Cuomo - Executive Order 8.2*

With partisan political campaigning approaching, State officers and employees should keep in mind the mandates of Executive Order 7.7 promulgated by former Governor David A. Paterson.

Continued in effect by Governor Andrew M. Cuomo via his Executive Order 8.2, former Governor Paterson's Executive Order 7.7 states that "it is the obligation of every State employee and officer to pursue a course of conduct that will not engender public concern as to whether the individual is engaged in acts that may violate his or her public trust; and all State employees therefore must act in a manner consistent with that public trust, and must not take any actions that are intended, or appear to be intended, to achieve personal gain or benefit; State supplies, equipment, computers, personnel and other resources may not be utilized for non-governmental purposes, including for personal purposes or for outside activities of any kind."

Significantly, E.O. 7.7 declares that "The designation ‘personal’ on agency stationery means only that the contents are meant for the personal viewing of the addressee and not that the sender is acting unofficially. All letters and other written materials printed on such official stationery are considered official, and thus the designation ‘unofficial’ has no meaning and may not be used." Presumably this means that any such writing will not enjoy any privilege preventing disclosure of its contents.

Further, E.O.7.7 cautions that "any violation of this order may result in dismissal or other appropriate sanction as determined by the appointing authority of the individual committing such violation."

* Governor Cuomo’s Executive Order 8.2, which continues in force a number of Executive Orders issued by former Governors of New York State, is posted on the Internet at:

http://www.governor.ny.gov/executiveorder/2

NOTE: Executive Order 8.2 indicates that this is the 2nd Executive Order issued by Governor Cuomo. Executive Orders issued by previous governors are designated 1.xx, 2.xx, 3.xx, etc., commencing with Executive Order 1.1 issued by the late Governor Nelson A. Rockefeller.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.