Advisory Council on Procurement
Lobbying
Meeting on December 28, 2005
Empire State Plaza
Meeting Room 7
10:00am
Minutes
I. Call
to Order. The meeting was called to
order by Chairman Richard Reed.
II. Minutes.
Chairman Reed asked for any corrections on the minutes
from the
meeting of December 15, 2005. Terri
Matthews asked that the minutes reflect that she was present. Kim Fine pointed out that on page 5 of the
minutes there was discussion about whether OSC talks to the vendors. She wanted to clarify that could be
instances when OSC speaks to vendors because OSC has questions, but these would
be small “c” contacts. On page 6 of the
draft minutes it was suggested to change the third paragraph to read: “Under
the enforcement and violations section, Kim Fine suggested that knowingly and
willfully should be deleted from the answer to question 42. It was suggested that the last two words of
question 44…” A motion to accept the
minutes as amended was made by Stephen Sloan and seconded by Duwayne Gregory. All approved.
III. Old
Business. Chairman Reed stated that
the two items he hopes the Council will get through at the meeting are: the
implementation report, which is required to be submitted this week; and the
guidelines so they can be posted as soon as possible. Since report is the document on immediate deadline, Chairman Reed
asked that this be reviewed first, and he turned the meeting over to
facilitator Sandy Schuman who had the draft implementation report on the screen
for real time editing by the Council. The
following edits were made: On page 3 Maryanne
Gridley suggested changing “Who” to “whom” and Kim Fine suggested changing
“Lobbying Act” to “Legislative Law.”
On page 4
it was suggested to delete the first sentence after the enumerated items, and
begin with the second sentence to read: “The Advisory council is cognizant of
the challenges that are present to effectively and efficiently both implement
and enforce the new law in the required timeframe.” It was recommended to then add: “Various parties have new
obligations under the law and should be expected to take the steps necessary to
comply with the law at the time of its effective date. While the Council takes seriously its role
in assisting with the implementation of the law, it does not see its actions as
a substitute for action by Governmental Entities, the vendor community and/or
lobbyists to comply with the law.” The
next sentence, starting with “The Advisory Council…” would then start a new
paragraph.
On page 5 before
Section B it was suggested to add: “We should note that the Council will also
begin with an initiative to collect best practices from governmental entities
and post such information to its web page as a model for other entities working
to comply with the new provisions.”
On page 6
the fifth bullet under Section B was changed to read: “directs the Office of
General Services to disclose and maintain a list of bidders determined to be
non-responsible and/or debarred under the provisions of State Finance Law 139-j
and 139-k and to publish such list on its website.” There was discussion as to whether the eighth bullet was accurate
and it was agreed that it was. David
Grandeau was present and he said he concurred with the bullet as written. He also noted that the Lobbying Commission
does not agree with the Council’s opinion that the new provisions in the law
apply only to new procurements after January 1, 2006. Tom Perreault raised the question of whether a procurement
happens when a bid is solicited and suggested that this could be addressed in
the Guidelines. The heading in Section II should keep “issue” pluralized.
On page 7,
the start of the second paragraph was amended to read: “OGS in its capacity as
secretariat to the Council…” Susan
Knapp suggested that the top paragraph acknowledge that “State agencies and
certain public authorities have already been complying with EO 127…” Maryanne Gridley suggested saying “certain
public authorities.” Duwayne Gregory
asked to delete “the” on the 3rd line on the page. Susan Knapp suggested that the third line be
amended to add “newly” before “covered entities.” Richard Reed noted that the next to last line in the first full
paragraph should be changed to note that reports will be made by the procuring
entities, not by the lobbyists. It was
suggested to remove the first sentence of the second paragraph and start with
“OGS and the Advisory Council…”
On page 8 under
the Awareness section, it was suggested to add after “OGS” in the first bullet,
“in its position as secretariat to the Council.” There was discussion about Kim Fine’s recommended addition to the
end of this bullet and it was agreed to add the following language to bullet
one after “time”: “and will not occur before the January 1, 2006 implementation
date. However, preliminary materials
developed by the Council, including guidelines and model contract language,
will be available to assist with implementation of the law.” There was discussion as to whether the second
bullet should be deleted. It was agreed
that it should stay and that it should begin with “Educating the vendor
community…” and after “new provisions of the law” it should read: “could not be
completed prior to January 1, 2006 since the guidelines were not adopted until
the end of December. Susan Knapp suggested replacing “allocated” with
“appropriated” in bullet three. In the
final bullet of the section Kim fine suggested adding that since the agencies;
policies and procedures to comply with the law is required to be part of any
written solicitation that this should help to educate potential Offerers. Maryanne Gridley was uncomfortable with this
since she does not believe that every covered entity is aware of the new law,
and therefore newly covered entities might not be including the necessary
language right away. Duwayne Gregory asked for clarification of the notice
requirement. Kim Fine stated that there
are requirements under the law and the Council should not suggest they cannot
be followed. Susan Knapp suggested keeping the report language factual. Maryanne Gridley said that the boards of
some of the covered governmental entities have to first approve changes in
policies before they can be implemented.
It was agreed to add the following language suggested by Tom Perreault,
“However, awareness of the new law may increase as governmental entities issue
solicitations which refer to the requirements.”
Under the
Section on “Compliance” Richard Reed noted that the first bullet needed to be
changed. It was agreed it should read:
“While full compliance by all governmental entities and vendors is required by
January 1, 2006, it is recognized that time will be necessary to disseminate
the model guidelines to hundreds of governmental entities and thousands of
business owners and lobbyists…..”
On page 9,
Mike Nevins suggested that the second and third bullets in the section be
amended to add “offerors” after “governmental entities.”
Under the
section on “Enforcement” the word “extremely” was deleted from the first
bullet. There was discussion regarding
the third bullet between Kim Fine, Maryanne Gridley and Richard Reed with
respect to the agency ethics officers. It
was agreed that the bullet will now read: “While the role of “ethics officers”
is familiar to governmental entities, it may not be clear to others since it
does not appear elsewhere in state statute.”
With respect to the fifth bullet, the last sentence was replaced with
“The Advisory Council will consider an initiative to facilitate the sharing of
best practices.“ In the sixth bullet,
“administrative hearing” was replaced with “opportunity for due process.” After discussing the last bullet in this
section, it was agreed to add a new section called “Coordination with the
Temporary State Commission on Lobbying,” and to move the last bullet to that
section. The bullet was amended to
read: “The Advisory Council will consider how best to advise the Temporary
State Commission on Lobbying.” It was
also agreed to add a second bullet that reads “Requirements as to who must
register as a lobbyist have not yet been clarified.”
On page 10,
the first bullet was amended to add “provisions of the State Finance Law” after
“implement” and before “uniformly.” The sixth bullet was amended in the second
sentence to now read: “Many governmental entities may not have their guidelines
and procedures fully in place…..” There
was considerable discussion about the last bullet addressing EO 127. It was agreed to keep this bullet from the
process section, but add a recommendation that the Executive consider whether
EO 127 remains necessary or whether it should be modified in light of the new
law.
On page 11
it was agreed to add a section entitled “Preliminary Recommendations”. Terri Matthews recommended changing
“Commissioner of OGS” in bullet one to “Council.” It was suggested that bullet two include reference to the fact
that a letter will be sent by the Council.
Mike Nevins suggested adding “offerors” after “governmental entities” in
the third bullet. Kim Fine suggested a
fifth recommendation: OGS should continue to collect information about already
scheduled conference and opportunities to provide training workshops. Richard Reed noted that OGS is already doing
this.
There was a
10 minute recess.
Chairman
Reed stated that there has been agreement on the report as changed, and he
noted that on a final read through staff would make sure that where
appropriate, “state agencies” is changed to “governmental entities.” Maryanne Gridley moved the adoption of the
report. Dan Stewart seconded the motion. All approved. Chairman Reed stated that OGS will have the agreed upon changes
made and will forward the report to the Governor and the Legislature, to
members of the Council and it will be posted to the website.
Chairman
Reed reported that OGS and the Government Law Center put together another draft
of the FAQs that was sent to Council members in advance of the meeting. He suggested that in the interests of time
and the desire to post some guidance before the new year, that the Council
focus only on the changes that were made, as agreed, at the last meeting. He
further suggested that the comments made in writing by others within the last
few days be considered at the next meeting.
There was discussion about whether to adopt the guidelines as “draft
guidelines.” It was agreed not to do
this, but to acknowledge that there may be periodic updates to the guidelines. Terri Matthews said that the City of New York
has some suggestions but she could accept the guidelines today and discuss the
proposed changes next time. Chairman
Reed suggested moving the last paragraph on page 2 in the overview section to
the first paragraph of the section. Kim
Fine suggested that the fourth bullet in the overview be amended to being with
“authorizes the Temporary Commission on Lobbying to…” On page 4 in the third line of the answer it was suggested to add
“between an offeror and…” after “Governmental Procurement.” Maryanne Gridley asked whether the technical
amendments that have been suggested in writing could be added administratively
to the guidelines. Stephen Sloan
suggested adopting the Guidelines as is today with the understanding that the
minor administrative changes would be made, and then circulating prior to the
next meeting, those items that have been suggested for more major changes. A motion was made by Stephen Sloan to accept
the guidelines as in the form provided to the Council members prior to the
meeting, and as amended at the meeting, subject to typos, minor error and legal
clarifications being made by OGS, with the understanding that there will be
further revisions once the Council considers comments received prior to the
meeting . Dan Stewart seconded the motion. All approved.
Chairman
Reed stated that an email will be sent polling members on their availability
for a January meeting on either January 12th or January 18th.
Duwayne
Gregory moved to adjourn the meeting.
Mike Nevins seconded the motion.
All approved and the meeting was adjourned at 12:40pm.
Attachments
Voting
Record Lists (3)
In Attendance:
Kim Fine Susan
Knapp Thomas
D. Perreault Daniel Stewart
Duwayne
Gregory Terri C. Matthews Richard A. Reed
Mary Anne
Gridley Michael J. Nevins Stephen Sloan
Members
Absent:
Ronald
Younkins
ADVISORY COUNCIL ON PROCUREMENT LOBBYING
VOTING RECORD LIST
DATE: 12/28/05
MOTION/RESOLUTION: Motion to accept minutes from December
15, 2005 as amended by Kim Fine and Terri Matthews.
|
MEMBER
NAME |
APPOINTING
AUTHORITY |
AYE |
NO |
ABSTAIN |
ABSENT |
|
Fine, Kim Deputy Commissioner for Budget and Policy
Analysis Office of the State
Comptroller |
State Comptroller |
X |
|
|
|
|
Gregory,
Duwayne Executive Assistant to
Corporate Counsel Suffolk Off Track Betting
Corporation |
Speaker of the Assembly |
X |
|
|
|
|
Gridley, Maryanne Executive Director Dormitory Authority |
Governor |
X |
|
|
|
|
Knapp, Susan Chief Budget
Examiner Public
Protection Unit Division of the Budget |
Director of the Division of
the Budget |
X |
|
|
|
|
Matthews, Terri
C. Counsel to Deputy Mayor for
Operations City of New York |
Mayor of the City of New
York |
X |
|
|
|
|
Nevins, Michael
J. Senior Vice President JP Morgan Chase |
Governor |
X |
|
|
|
|
Perreault,
Thomas D. Associate Attorney and
Assistant Counsel Department of
Transportation |
Commissioner of
Transportation |
X |
|
|
|
|
Reed, Richard A.
(Chair) Deputy Commissioner and
Counsel Office of General Services |
Commissioner of General
Services Lobby Law |
X |
|
|
|
|
Sloan, Stephen
F. Retired, New York State
Senate |
Temporary President of the
Senate |
X |
|
|
|
|
Stewart, Daniel Mayor City of Plattsburg |
Governor |
X |
|
|
|
|
Younkins,
Ronald P. Chief of Operations Office of Court
Administration |
Chief Judge of the Court of
Appeals |
|
|
|
X |
TOTALS:
AYES:____10_______ ABSTENTIONS:_______0______
NOES:______0______ ABSENCES:____1_______
ADVISORY COUNCIL ON PROCUREMENT LOBBYING
VOTING RECORD LIST
DATE: 12/28/05
MOTION/RESOLUTION: Motion to approve Preliminary Report as
amended.
|
MEMBER
NAME |
APPOINTING
AUTHORITY |
AYE |
NO |
ABSTAIN |
ABSENT |
|
Fine, Kim Deputy Commissioner for Budget and Policy
Analysis Office of the State
Comptroller |
State Comptroller |
X |
|
|
|
|
Gregory,
Duwayne Executive Assistant to
Corporate Counsel Suffolk Off Track Betting
Corporation |
Speaker of the Assembly |
X |
|
|
|
|
Gridley, Maryanne Executive Director Dormitory Authority |
Governor |
X |
|
|
|
|
Knapp, Susan Chief Budget
Examiner Public
Protection Unit Division of the Budget |
Director of the Division of
the Budget |
X |
|
|
|
|
Matthews, Terri
C. Counsel to Deputy Mayor for
Operations City of New York |
Mayor of the City of New
York |
X |
|
|
|
|
Nevins, Michael
J. Senior Vice President JP Morgan Chase |
Governor |
X |
|
|
|
|
Perreault,
Thomas D. Associate Attorney and
Assistant Counsel Department of
Transportation |
Commissioner of
Transportation |
X |
|
|
|
|
Reed, Richard A.
(Chair) Deputy Commissioner and
Counsel Office of General Services |
Commissioner of General
Services Lobby Law |
X |
|
|
|
|
Sloan, Stephen
F. Retired, New York State
Senate |
Temporary President of the
Senate |
X |
|
|
|
|
Stewart, Daniel Mayor City of Plattsburg |
Governor |
X |
|
|
|
|
Younkins,
Ronald P. Chief of Operations Office of Court
Administration |
Chief Judge of the Court of
Appeals |
|
|
|
X |
TOTALS:
AYES:____10_______ ABSTENTIONS:_______0______
NOES:______0______ ABSENCES:____1_______
ADVISORY COUNCIL ON PROCUREMENT LOBBYING
VOTING RECORD LIST
DATE:
12/28/05
MOTION/RESOLUTION: Motion to accept the Guidelines as in the
form provided to Council members prior to the 12/28/05 meeting, subject to typos, minor
errors and legal clarifications being made by OGS, with
the understanding that there will be further revisions once the Council
considers comments received prior to the 12/28/05
meeting.
|
MEMBER
NAME |
APPOINTING
AUTHORITY |
AYE |
NO |
ABSTAIN |
ABSENT |
|
Fine, Kim Deputy Commissioner for Budget and Policy
Analysis Office of the State
Comptroller |
State Comptroller |
X |
|
|
|
|
Gregory,
Duwayne Executive Assistant to
Corporate Counsel Suffolk Off Track Betting
Corporation |
Speaker of the Assembly |
X |
|
|
|
|
Gridley, Maryanne Executive Director Dormitory Authority |
Governor |
X |
|
|
|
|
Knapp, Susan Chief Budget
Examiner Public
Protection Unit Division of the Budget |
Director of the Division of
the Budget |
X |
|
|
|
|
Matthews, Terri
C. Counsel to Deputy Mayor for
Operations City of New York |
Mayor of the City of New
York |
X |
|
|
|
|
Nevins, Michael
J. Senior Vice President JP Morgan Chase |
Governor |
X |
|
|
|
|
Perreault,
Thomas D. Associate Attorney and
Assistant Counsel Department of
Transportation |
Commissioner of
Transportation |
X |
|
|
|
|
Reed, Richard A.
(Chair) Deputy Commissioner and
Counsel Office of General Services |
Commissioner of General
Services Lobby Law |
X |
|
|
|
|
Sloan, Stephen
F. Retired, New York State
Senate |
Temporary President of the
Senate |
X |
|
|
|
|
Stewart, Daniel Mayor City of Plattsburg |
Governor |
X |
|
|
|
|
Younkins,
Ronald P. Chief of Operations Office of Court
Administration |
Chief Judge of the Court of
Appeals |
|
|
|
X |
TOTALS:
AYES:____10_______ ABSTENTIONS:_______0______
NOES:______0______ ABSENCES:____1_______