Post-Employment.
53 RCNY § 1-07
in effect§ 1-07 Post-Employment.
(a) Post-employment appearances.
(1) For the purposes of the restrictions set forth in Charter § 2604(d) on appearances by a former public servant before their former City agency, or branch of City government, or the City, such prohibited appearances include compensated communications with representatives of that former agency or branch of City government sitting as members of City boards, commissions, or other governmental entities.
(2) The restrictions set forth in Charter § 2604(d) on appearances by a former public servant do not include appearances related to non-City matters.
(b) Date of termination of City service.
(1) For purposes of Charter § 2604(d)(2), the date of termination of a former public servant's City service is the later of the last day a former public servant performed official City duties or the last day they received benefits conditioned upon current City employment.
(2) A former public servant who has served more than one City agency within one year prior to the termination of such public servant's service with the City may not appear before each such City agency for a period of one year after the termination of service from each such agency.
(c) Waivers of the post-employment restrictions.
(1) In determining whether to issue a waiver pursuant to Charter § 2604(e) of the post-employment restrictions of Charter § 2604(d) the Board will consider the totality of the circumstances, including, but not limited to:
(i) whether the City shares an identity of interest with, or controls or effectively controls, the former public servant's private employer;
(ii) whether the former public servant is uniquely suited to perform work that would benefit the City because:
1. the private employer has no other employees able to engage in the proposed appearances or work; or
2. the former public servant has rare or unique technical or professional expertise necessary to engage in the proposed appearances or work;
(iii) whether the former public servant is unlikely to exercise undue influence on government decision-making because they were a public servant for only a short period of time; and
(iv) whether the former public servant's proposed appearances or work do not pose a risk of harm to firms similar to, or in competition, with the former public servant's private employer.
(2) The Board will not grant requests for waivers of Charter § 2604(d):
(i) made after undue delay; or
(ii) for former public servants who were not fully and formally recused from all particular matters involving the private employer from the time of soliciting or negotiating for employment with the private employer through the termination of their City service.
(d) Consulting for a former City agency.
(1) Pursuant to Charter § 2604(d)(6), with the written approval of the agency head, a former public servant may be directly retained by their former City agency as a consultant within one year of the termination of their City service, and may work on particular matters with which they were personally and substantially involved, provided that:
(i) the consulting arrangement is made for the purpose of continuing or completing work left unfinished by the former public servant at the time their City service terminated, or for training their replacement, or for filling a vacancy until a replacement can be hired;
(ii) the duration of the consulting arrangement is no longer than reasonably necessary;
(iii) the former public servant has technical, professional, or other subject-matter expertise or skills not otherwise available among the agency's employees;
(iv) the compensation is comparable to what the former public servant last earned at the agency; and
(v) within 30 days the written approval of the agency head is disclosed to the Conflicts of Interest Board, which approval will be posted on the Board's website.
(2) Where a proposed consulting arrangement between a City agency and a former public servant does not meet all of the requirements set forth in paragraph (1) of this subdivision and is therefore not covered by Charter § 2604(d)(6), a waiver may be sought for such a proposed arrangement pursuant to 53 RCNY § 1-07(c).
(3) Pursuant to Charter § 2604(e), a consulting arrangement between a former public servant and their former agency that meets the requirements of paragraph (1) of this subdivision but under which the former public servant is retained through a private firm for the administrative convenience of the City may be entered into if:
(i) the former public servant played no role in the recommendation or selection of the private firm in his or her work as a public servant; and
(ii) after receiving written approval of the head of the City agency, the Board determines that the proposed consulting arrangement would provide a benefit to the City distinct from the benefit to the former public servant or to the private firm.
(Amended City Record 10/27/2020, eff. 11/26/2020)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-86518Fetched: 10/24/2026