PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
5.7. State Finance Law § 139-j(7) state that a referral is made to the ethics officer, inspector general, if any, or other official of the procuring Governmental Entity. Can you provide further clarification regarding the reference to “inspector general, if any”? (Last Updated: 7/19/2023)
Reference to the inspector general in § 139-j(7)(b) of the State Finance Law can be construed as extending an additional choice to a Governmental Entity that has an inspector general within its organization (such as the Department of Correctional Services and the Workers’ Compensation Board) to have that officer conduct the required reviews and investigations. A Governmental Entity not having an internal inspector general must otherwise choose to have the requisite reviews and investigations conducted by either its ethics officer or some other person within the organization responsible for reviewing and investigating such matters.
Notably, and regardless of which official is designated to perform these internally-referred reviews and investigations, any Governmental Entity that is also defined as a “covered agency” by Executive Law §51 has an independent and additional legal obligation to separately report to the State Inspector General any information concerning corruption, fraud, criminal activity, conflict of interest or abuse in the procurement process. The State Inspector General's Office can be reached by telephone at 1-800-367-4448.