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1998 NY Att'y Gen. Rep. & Op. 1 (1998)

handle is hein.nyattgen/nysag0113 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn. No. F 98-1 PUBLIC OFFICERS LAW § 73-a; 5 USCA App 4 0§ 101, et seq.; 5 USCA App 4 § 105(b)(1); 49 USCA § 102(b). The State of New York may not impose its requirement of financial disclosure on federal officials serving as members or directors of New York State public benefit corporations in their federal capacities to monitor federal funds, even though these officials have been deemed policy makers. You have requested an opinion as to whether federal officials should be required to file New York State financial disclosure statements under section 73-a of the Public Officers Law. Sec- tion 73-a requires the filing of financial disclosure statements by any member or director of a public benefit corporation, at least one of whose members is appointed by the Governor, who holds a policy-making position. You have explained that several federal officials have been appointed to serve as members or directors of New York State public benefit corporations and have been designated by those corporations as policy makers. In our conversations, you have informed us that, in general, these federal officials serve in their federal capacities and represent the federal government in moni- toring federal funds. These officials are not acting in their individual capacities or as representatives of the State of New York. However, because these federal officials serve as members and/or directors of New York State public benefit corporations and have been designated as policy makers, you have asked whether they must comply with the financial disclosure require- ment contained in Public Officers Law § 73-a. 1 AG 2-28-98

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