NYS COELIG and NYS Inspector General Announce Settlement in Matte...

The NYS Commission on Ethics and Lobbying in Government (COELIG) and NYS Inspector General Lucy Lang (IG) today announced a settlement in the matter of former NYS Office of Information Technology Services (ITS) Chief Technology Officer (CTO) Rajiv Rao related to alleged violations of the Public Officers Law. The settlement followed an investigation conducted by the IG’s office and further proceedings by COELIG’s Investigation and Enforcement Division.

“The Commission is dedicated to restoring public trust in government through vigorous enforcement of the state’s ethics laws,” COELIG Executive Director Sanford N. Berland said. “We’re grateful to the Office of the Inspector General for its collaboration in pursuing this matter and in helping to deliver the increased transparency in government that New Yorkers deserve.”

“State officials have a duty to be aware of and follow New York’s ethics laws,” Chair Seymour W. James, Jr. said. “Working in conjunction with the IG, COELIG’s Investigation and Enforcement staff uncovered facts showing that Mr. Rao knowingly shirked that duty, making this settlement an appropriate conclusion to the allegations against Mr. Rao.”

"At a time when public confidence in government is at historic lows, it is vital that oversight agencies conduct independent investigations, ensure accountability, and report findings publicly," Inspector General Lucy Lang said. "Thank you to our tireless team at the Offices of the Inspector General, and to our partners at COELIG for their collaboration and shared commitment to the integrity of New York State government."

The settlement resolves several charges relating to alleged violations of the Public Officers Law (POL), which prohibits state officials from using their official positions to benefit themselves or others. 

Specifically, while Rao served as ITS CTO, he participated as a special guest and spoke at multiple events, hosted and paid for by a registered lobbyist and attended by clients of the lobbyist, and he did so without obtaining approval from or informing ITS. At the time of at least one of the events, the lobbyist was actively and directly lobbying ITS for a client. Further, shortly after that event, another client hired the lobbyist to lobby ITS and other state entities on procurements relating to telecommunications and network solutions. Soon thereafter, Rao worked with ITS to authorize a procurement from that client.

Further, Rao did not inform ITS of the potential conflict of interest when his son became employed by a global professional services firm that had retained the lobbyist and which did business with New York State, including a project in which ITS was heavily involved. 

In addition, while serving as CTO, Rao violated ITS’s own policy by procuring mobile devices for himself and a then high-ranking state official without first registering the devices on the state’s Mobile Device Management (MDM) platform. The MDM is intended to facilitate securing, monitoring, and managing the operation of state-issued mobile devices. 

As part of the settlement agreement, Rao admitted that his conduct violated the POL. He will pay a fine of $5,500.