Bill Text: NY A02370 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the commission on public officer investigation; provides for an independent commission to review matters concerning the public peace, public safety and public justice and the alleged commission of an indictable offense by certain public officials; provides that after such review, if the commission has found a substantial basis to conclude that a violation of the law has occurred, the commission shall authorize a full investigation by the attorney general.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A02370 Detail]

Download: New_York-2023-A02370-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2370

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          commission on public officer investigation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new  section  63-e
     2  to read as follows:
     3    § 63-e. Commission on public officer investigation. 1. There is estab-
     4  lished  within  the  department  of law the commission on public officer
     5  investigation which shall undertake a comprehensive  review  of  matters
     6  concerning  the  public  peace, public safety and public justice and the
     7  alleged commission of an indictable offense by certain public officials.
     8  After such review, if the commission has found a  substantial  basis  to
     9  conclude  that  an  individual  has  violated the law of this state, the
    10  commission shall authorize a full investigation by the attorney general.
    11    2. When the commission receives a complaint alleging  a  violation  of
    12  the  law  of  this  state by statewide elected officials, members of the
    13  legislature, employees of the legislature, state officers and employees,
    14  as defined in sections seventy-three and seventy-three-a of  the  public
    15  officers  law  and  candidates  for  statewide elected office, or if the
    16  commission determines  on  its  own  initiative  to  review  a  possible
    17  violation,  the  commission  shall  notify  the  individual  in writing,
    18  describe the alleged violation of law,  provide  a  description  of  the
    19  allegation  and  the  evidence,  if  any, supporting such allegation and
    20  provide the individual with a ten day period in which to submit a  writ-
    21  ten  response, including any evidence, statements and proposed witnesses
    22  relating to the activities cited as an alleged  violation  of  law.  The
    23  commission  shall, within fourteen days after a complaint is received or
    24  a review is commenced on the commission's own initiative, vote on wheth-
    25  er a substantial  basis  exists  to  conclude  that  an  individual  has

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06324-01-3

        A. 2370                             2

     1  violated the law of this state. If at least seven members of the commis-
     2  sion  vote  in  favor  of  the  existence of a substantial basis, a full
     3  investigation of the matter by the attorney general shall be authorized.
     4    3.  Upon  the  vote of at least seven members of the commission that a
     5  substantial basis exists to conclude that an individual has violated the
     6  law of this state, the commission shall authorize a  full  investigation
     7  by  the  attorney  general.  Written  notice of such authorization shall
     8  immediately be provided to the attorney  general  along  with  a  report
     9  detailing  the review by the commission. If the commission determines at
    10  any stage that there is no violation or that any potential violation has
    11  been rectified, it shall advise the individual and the  complainant,  if
    12  any, in writing within five days of such decision.
    13    4.  The  jurisdiction  of  the commission when acting pursuant to this
    14  section shall continue notwithstanding that a statewide elected official
    15  or a state officer or employee or member of the legislature or  legisla-
    16  tive employee separates from state service or a candidate ceases to be a
    17  candidate,  provided that the commission notifies such individual of the
    18  alleged violation of law within one year from his or her separation from
    19  state service or his or her termination of candidacy.
    20    5. The commission shall consist of thirteen members who shall  possess
    21  knowledge or experience in criminal law or law enforcement and who shall
    22  be  appointed  as follows: five members shall be appointed by the tempo-
    23  rary president of the senate, four members shall  be  appointed  by  the
    24  speaker  of the assembly, two members shall be appointed by the minority
    25  leader of the senate and two members shall be appointed by the  minority
    26  leader of the assembly.
    27    6.  Members  of  the commission shall receive a per diem allowance for
    28  each day spent in the performance of his or her duties under this  arti-
    29  cle,  and,  in  addition thereto, shall be reimbursed for all reasonable
    30  expenses actually and necessarily incurred by him or her in the perform-
    31  ance of his or her duties under this section.
    32    7. Members of the commission shall serve for terms of five years.  Any
    33  vacancy  occurring  on the commission shall be filled within thirty days
    34  of its occurrence in the same manner as  the  member  whose  vacancy  is
    35  being  filled was appointed. A person appointed to fill a vacancy occur-
    36  ring other than by expiration of a term of office shall be appointed for
    37  the unexpired term of the member he or she succeeds.
    38    8. The commission shall have jurisdiction  to  investigate  but  shall
    39  have no jurisdiction to impose penalties for any violation of the law of
    40  this state.
    41    9.  To  effectuate  the  purposes  of this section, the commission may
    42  request and shall receive from the  department  and  any  other  agency,
    43  department,  division,  board, bureau or commission of the state, or any
    44  political subdivision thereof, such assistance, information and data  as
    45  will  enable  the commission to properly carry out its powers and duties
    46  as described in this section.
    47    § 2. Subdivision 3 of section 63 of the executive law, as  amended  by
    48  chapter 155 of the laws of 2012, is amended to read as follows:
    49    3.  Upon  request  of  the  governor, comptroller, secretary of state,
    50  commissioner of transportation, superintendent  of  financial  services,
    51  commissioner of taxation and finance, commissioner of motor vehicles, or
    52  the  state  inspector  general,  or  the  head  of any other department,
    53  authority, division or agency of the state, or upon authorization by the
    54  commission on public officer investigation created pursuant  to  section
    55  63-e of this article, investigate the alleged commission of any indicta-
    56  ble offense or offenses in violation of the law which the officer making

        A. 2370                             3

     1  the  request  is  especially  required  to execute or in relation to any
     2  matters connected with such department, and [to] prosecute the person or
     3  persons believed to have committed the same and  any  crime  or  offense
     4  arising  out of such investigation or prosecution or both, including but
     5  not limited to appearing before and presenting all  such  matters  to  a
     6  grand jury.
     7    §  3.  Subdivision 8 of section 63 of the executive law, as amended by
     8  chapter 451 of the laws of 1977, is amended to read as follows:
     9    8. Whenever in his or her judgment the public  interest  requires  it,
    10  the  attorney-general  may,  with the approval of the governor, and when
    11  directed by the governor or the commission on  public  officer  investi-
    12  gation  created pursuant to section 63-e of this article, shall, inquire
    13  into matters concerning the  public  peace,  public  safety  and  public
    14  justice.  For  such purpose he or she may, in his or her discretion, and
    15  without civil service examination, appoint and employ, and  at  pleasure
    16  remove,  such  deputies,  officers  and other persons as he or she deems
    17  necessary, determine their duties and, with the approval of  the  gover-
    18  nor,  fix  their  compensation.  All  appointments made pursuant to this
    19  subdivision shall be immediately reported to the governor, and shall not
    20  be reported to any other state officer or department. Payments of  sala-
    21  ries  and  compensation of officers and employees and of the expenses of
    22  the inquiry shall be made out of funds provided by the  legislature  for
    23  such  purposes,  which  shall be deposited in a bank or trust company in
    24  the names of the governor and the attorney-general, payable only on  the
    25  draft  or  check of the attorney-general, countersigned by the governor,
    26  and such disbursements shall be subject to no audit except by the gover-
    27  nor and the attorney-general. The attorney-general, his or  her  deputy,
    28  or  other  officer,  designated  by him or her, is empowered to subpoena
    29  witnesses, compel their  attendance,  examine  them  under  oath  before
    30  himself,  herself  or  a magistrate and require that any books, records,
    31  documents or papers relevant or material to the inquiry be  turned  over
    32  to  him  or  her  for  inspection, examination or audit, pursuant to the
    33  civil practice law and rules. If a person subpoenaed to attend upon such
    34  inquiry fails to obey the  command  of  a  subpoena  without  reasonable
    35  cause,  or  if  a  person in attendance upon such inquiry shall, without
    36  reasonable cause, refuse to be sworn or to be examined or  to  answer  a
    37  question  or  to  produce  a book or paper, when ordered so to do by the
    38  officer conducting such inquiry, he or she shall be guilty of  a  misde-
    39  meanor.  It  shall  be  the duty of all public officers, their deputies,
    40  assistants  and  subordinates,  clerks  and  employees,  and  all  other
    41  persons, to render and furnish to the attorney-general, his or her depu-
    42  ty  or  other  designated  officer,  when requested, all information and
    43  assistance in their possession and within their power.  Each  deputy  or
    44  other officer appointed or designated to conduct such inquiry shall make
    45  a  weekly  report  in  detail  to  the  attorney-general,  in form to be
    46  approved by the governor and the attorney-general, which report shall be
    47  in duplicate, one copy of which shall be forthwith, upon its receipt  by
    48  the  attorney-general,  transmitted  by  him or her to the governor. Any
    49  officer participating in such inquiry  and  any  person  examined  as  a
    50  witness  upon  such  inquiry who shall disclose to any person other than
    51  the governor or the attorney-general the name of any witness examined or
    52  any information obtained upon such inquiry, except as  directed  by  the
    53  governor or the attorney-general, shall be guilty of a misdemeanor.
    54    § 4. This act shall take effect immediately.
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