What Is Project Sunlight?
Project Sunlight, a component of the Public Integrity Reform Act of 2011 (Ch. 399, Part A, §4, L. 2011), is an online database that provides the public with an opportunity to see the individuals and entities that are interacting with government decision-makers at certain State entities.
Effective January 1, 2013, State agencies are required to report appearances by individuals or firms who appear before State decision-makers, or persons who advise decision-makers, to an electronic database maintained by the Office of General Services (OGS). The Project Sunlight database, hosted by OGS, aggregates the inputted data and makes it available to the public for viewing on the Project Sunlight website.
What Must Be Reported Under Project Sunlight?
State agencies are required to report in-person and video appearances, by individuals or firms who appear before covered individuals of the agency. An appearance is any interaction or meeting concerning any one of the following five areas:
- Procurements over $25,000
- Regulatory matters
- Adoption/repeal of a regulation
- Judicial or quasi-judicial proceedings
- Rate making
“Covered Individuals” are those at the agency who have the authority to make decisions on behalf of the agency or those in the capacity to influence those with said authority. Therefore, Project Sunlight applies to all members of NYSIF’s Board of Commissioners and all NYSIF employees who have the power to exercise the agency’s discretion or advise someone with that discretion. These parties are required to report appearances by all representatives of an entity including:
- Outside representatives, such as a potential contract vendor
- Inside representatives, like an officer or general counsel
- Individuals appearing on their own behalf
What Is Not Included for Purposes of Project Sunlight Reporting?
A number of exceptions to reporting exist, including:
- Written communications
- Telephonic conversations
- Appearances by other government entities, the media, elected officials, and minors
- Ministerial interactions, such as communications to schedule a meeting, requests for information or collecting/dispensing factual information
- Open meetings
- Interactions made confidential by law
- Emergency procurements
- Appearances regarding legislation or the budget
Additionally, exceptions to reporting specific to NYSIF include:
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Interactions between NYSIF staff and policyholders, or their representatives, for the purpose of pricing workers’ compensation and disability policies, including eligibility or application of discounts and dividends, are not reported as the rates are established by the New York Compensation Insurance Rating Board.
NYSIF is complying with Project Sunlight by reporting qualifying appearances into the publicly searchable database hosted by OGS.