NYCL AGO 96-F8.

• Case Date: June 10, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-F8. June 10, 1996Formal Opinion No. 96-F8Hon. Robert R. Snashall Chairman Workers' Compensation Board 180 Livingston Street Brooklyn, NY 11248NY CONST ART VII, § 8.The Workers' Compensation Board may undertake to educate and inform the public about Workers' Compensation Law reform proposals.Dear Chairman Snashall: Your Counsel has asked for an opinion describing the extent to which the Board may undertake to educate the public and interested constituencies regarding the Governor's Workers' Compensation Law reform proposals. As the agency charged with implementing the Workers' Compensation Law, it is appropriate that the Board explain the proposed changes and their anticipated effects to the public. The limited New York case law on use of State funds to communicate with the public concerns matters to be presented to the public for decision at a referendum or election. Generally, the case law prohibits public funding of partisan advocacy aimed at persuading the public to vote a particular way. While the cases do not expressly address the issue of what a government entity may do to inform the public about proposed legislation, they provide some guidance. In Matter of Schulz v State of New York, 86 NY2d 225 (1995), the petitioner alleged that distribution of a newsletter by the Department of Economic Development constituted use of public funds for partisan political purposes in violation of Article VII, § 8 of the State Constitution. That section provides in part that

[t]he money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; . . .

In Schulz, the Court carefully examined the challenged newsletter and held that its publication violated the Constitution. The Court first articulated the governing standard.

We think it is unassailable that the use of public funds out of a State agency's appropriation to pay for the production and distribution of campaign materials for a political party or a political candidate or partisan cause in any election would fall squarely within the prohibition of article VII, section 8, paragraph 1 of the Constitution. . . . Contrastingly, a governmental agency does not violate article VII, section 8, paragraph 1 merely by using taxpayers' funds for the valid governmental purpose

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