Bill Text: NY A00385 | 2025-2026 | General Assembly | Introduced
Bill Title: Creates an assembly standing committee on ethics and guidance of eight members.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced) 2025-01-08 - referred to governmental operations [A00385 Detail]
Download: New_York-2025-A00385-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 385 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BARCLAY, DiPIETRO, HAWLEY, MORINELLO, LEMONDES, BRABENEC -- Multi-Sponsored by -- M. of A. K. BROWN, DeSTEFANO, GALLA- HAN, MANKTELOW -- read once and referred to the Committee on Govern- mental Operations AN ACT to amend the legislative law, in relation to creating an assembly standing committee on ethics and guidance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The legislative law is amended by adding a new section 68 2 to read as follows: 3 § 68. Assembly standing committee on ethics and guidance. 1. There is 4 established a standing committee in the assembly on ethics and guidance 5 which shall replace the standing committee on ethics and guidance as 6 established by the rules of the assembly. The committee shall consist of 7 an equal number of majority and minority members for a total of eight 8 members. The eight members shall be members of the assembly and 9 appointed as follows: four by the speaker of the assembly and four by 10 the minority leader of the assembly. 11 2. The committee shall serve as described in this section and have and 12 exercise the powers and duties set forth in this section only with 13 respect to members of the assembly and assembly employees. 14 3. Members of the assembly who serve on the committee shall each have 15 a two year term concurrent with their legislative terms of office. 16 4. Members of the committee may only be removed by a majority vote of 17 the committee solely for substantial neglect of duty, gross misconduct 18 in office, violation of the confidentiality restrictions in this 19 section, inability to discharge the powers or duties of office or 20 violation of this section, after written notice and opportunity for a 21 reply. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00128-01-5A. 385 2 1 5. The speaker of the assembly and the minority leader of the assembly 2 shall each designate one member of the committee as a co-chairperson 3 thereof. The co-chairpersons shall receive compensation as provided for 4 in section five-a of this chapter. 5 6. The committee shall meet at least bi-monthly and at such additional 6 times as may be called for by the co-chairpersons jointly or any four 7 members of the committee. 8 7. Any vacancy occurring on the committee shall be filled within thir- 9 ty days by the appointing authority. 10 8. Five members of the committee shall constitute a quorum, and the 11 committee shall have power to act by majority vote of the total number 12 of members of the committee without vacancy. 13 9. The committee shall be funded separately from the assembly appro- 14 priations provided annually in an amount deemed appropriate by an agree- 15 ment of the co-chairs for the maintenance and operation of the commit- 16 tee. Such appropriation for the committee shall be specifically lined 17 out in the legislative budget. The executive director and employees of 18 the committee shall be considered as employees of the assembly for all 19 purposes. 20 10. The committee shall: 21 (a) appoint an executive director who shall act in accordance with the 22 policies of the committee, provided that the committee may remove the 23 executive director by a majority vote for neglect of duty, misconduct in 24 office, or inability or failure to discharge the powers or duties of 25 office; 26 (b) appoint such other staff as are necessary to assist it to carry 27 out its duties under this section; 28 (c) adopt, amend, and rescind policies, rules and regulations consist- 29 ent with this section to govern procedures of the committee; 30 (d) administer the provisions of this section; 31 (e) review all rules and policies of the speaker or the assembly 32 relating to conduct of members and employees of the assembly, including 33 but not limited to ethics, sexual harassment and fraternization with 34 student interns, and recommend to the speaker of the assembly and the 35 minority leader of the assembly any changes to such rules and policies 36 or offer motions to amend rules of the assembly, or offer motions to 37 suspend rules of the assembly, or adopt policies relating to conduct of 38 members and employees of the assembly, including but not limited to 39 ethics, sexual harassment and fraternization with student interns. Any 40 such policy relating to conduct of members and employees of the assembly 41 adopted by the committee shall be the policy of the assembly and subject 42 to the provisions of this section; 43 (f) develop and regularly update a course of instruction for all 44 members and employees of the assembly with regard to the laws and poli- 45 cies governing their conduct. The committee shall recommend to the 46 speaker of the assembly and the minority leader of the assembly a 47 conduct and ethics training plan for implementing and scheduling such 48 course of instruction for members, employees and newly-hired employees; 49 (g) prepare an annual report to the speaker of the assembly and the 50 minority leader of the assembly summarizing the activities of the 51 committee during the previous year and recommending any changes in the 52 laws governing the conduct of persons subject to the jurisdiction of the 53 committee, or the rules, regulations and procedures governing the 54 committee's conduct. Such report shall include: (i) a listing by 55 assigned number of each complaint including current status of each 56 complaint, (ii) where a matter was deferred, and (iii) where a matterA. 385 3 1 has been resolved, the date and nature of the disposition and any sanc- 2 tion imposed, subject to the confidentiality requirements of this 3 section; and 4 (h) investigate complaints and impose disciplinary measures against 5 members and employees found in violation of rules and policies of the 6 speaker or the assembly or the public officers law or other law. 7 11. Investigations, mandatory reporting of violations, and enforcement 8 authority: 9 (a) The committee shall have the authority, on its own accord, to 10 initiate by a majority vote an investigation into a possible violation, 11 by any member or employee of the assembly, of the rules or policy of the 12 speaker or the assembly or of the public officers law or other law. 13 (b) Any formal or informal complaint of a violation of rules and poli- 14 cies of the speaker or the assembly relating to conduct of members and 15 employees of the assembly or of a violation of the public officers law 16 or other law, must be reported to the committee within five days of such 17 complaint being made to counsel, office of human resources, office of 18 administration and personnel or intake representative. 19 (c) The committee shall review such complaint at the next meeting of 20 such committee and determine by majority vote whether to investigate 21 such complaint further, commence a full formal investigation of such 22 complaint or defer such complaint to the joint commission on public 23 ethics, the legislative ethics commission, or an appropriate prosecutor. 24 The staff of the committee shall provide to the members of the committee 25 prior to such vote information regarding the likely scope and content of 26 the investigation, and a subpoena plan, to the extent such information 27 is available. 28 (d) If the committee determines by majority vote that a full formal 29 investigation shall commence the committee shall notify the individual 30 in writing, describe the possible or alleged violation of rules and 31 policies of the speaker or the assembly related to conduct of members 32 and employees of the assembly or of a violation of the public officers 33 law or other law and provide the person with a fifteen day period in 34 which to submit a written response setting forth information relating to 35 the activities cited as a possible or alleged violation of such rules 36 and policies. 37 (e) The committee has the authority to conduct any inquiry pertinent 38 or material to the discharge of the functions, powers and duties imposed 39 by law; and through designated members of the staff, to subpoena 40 witnesses, administer oaths, take testimony and compel the production of 41 such books, papers, records and documents as may be relevant to any such 42 inquiry and investigation. 43 (f) If the committee determines at any stage that there is no 44 violation, it shall so advise the individual and the complainant, if 45 any. All of the foregoing proceedings shall be confidential. 46 (g) The jurisdiction of the committee when acting pursuant to this 47 section shall continue notwithstanding that a member of the assembly or 48 assembly employee separates from assembly service, provided that the 49 committee notifies such individual of the alleged violation of rules and 50 policies of the speaker or the assembly relating to conduct of members 51 and employees of the assembly or of a violation of the public officers 52 law pursuant to paragraph (c) of this subdivision within one year from 53 their separation from assembly service. 54 (h) If during the course of its investigation the committee deems that 55 a violation of rules and policies of the speaker or the assembly related 56 to conduct of members and employees of the assembly or a violation ofA. 385 4 1 the public officers law or other law has occurred, the committee shall 2 notify the individual in writing. 3 (i) The committee shall have the authority to (i) recommend punish- 4 ments for violations of rules and policies of the speaker or the assem- 5 bly, or the public officers law or other law, including but not limited 6 to censure, stripping members of leadership positions or expulsion 7 pursuant to section three of this chapter and (ii) access penalties 8 pursuant to applicable law or rule. 9 (j) No member or employee of the assembly shall take any adverse 10 personnel action with respect to another member or employee of the 11 assembly in retaliation for their making a report to the committee, or 12 for their official duties as a member of the committee, concerning 13 conduct which they know or reasonably believe to be a violation of rules 14 and policies of the speaker or the assembly or the public officers law 15 or other law. 16 (k) Notwithstanding the provisions of article six of the public offi- 17 cers law, the only records of the committee which shall be available for 18 public inspection and copying are: 19 (i) the terms of any settlement or compromise of a complaint or refer- 20 ral or report which includes a fine, penalty or other remedy reached by 21 the committee; and 22 (ii) all reports required by this section. 23 12. Notwithstanding the provisions of article seven of the public 24 officers law, no meeting or proceeding of the committee shall be open to 25 the public, except if expressly provided otherwise by this section or 26 the committee. 27 § 2. That portion of subdivision 1 of section 5-a of the legislative 28 law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by 29 section 3 of part XX of chapter 56 of the laws of 2009, is amended to 30 read as follows: 31 [ASSEMBLYMEN] ASSEMBLYMEMBER 32 SERVING IN SPECIAL CAPACITY 33 [Chairman] Chairperson of assembly ways and means 34 committee ....................................................... 34,000 35 Ranking minority member of assembly ways and means committee .... 20,500 36 [Chairman] Chairperson of assembly judiciary 37 committee ....................................................... 18,000 38 Ranking minority member of assembly judiciary committee ......... 11,000 39 [Chairman] Chairperson of assembly codes 40 committee ....................................................... 18,000 41 Ranking minority member of assembly codes committee ............. 11,000 42 [Chairman] Chairperson of assembly banks 43 committee ....................................................... 15,000 44 Ranking minority member of assembly banks committee .............. 9,500 45 [Chairman] Chairperson of assembly committee on 46 cities .......................................................... 15,000 47 Ranking minority member of assembly committee on cities .......... 9,500 48 [Chairman] Chairperson of assembly education 49 committee ....................................................... 18,000 50 Ranking minority member of assembly education committee ......... 11,000 51 [Chairman] Chairperson of assembly health 52 committee ....................................................... 15,000 53 Ranking minority member of assembly health committee ............. 9,500 54 [Chairman] Chairperson of assembly localA. 385 5 1 governments committee ........................................... 15,000 2 Ranking minority member of assembly local governments 3 committee ....................................................... 9,500 4 [Chairman] Chairperson of assembly agriculture 5 committee ....................................................... 12,500 6 Ranking minority member of assembly agriculture committee ........ 9,000 7 [Chairman] Chairperson of assembly economic development, job creation, 8 commerce and industry committee ................................ 18,000 9 Ranking minority member of assembly economic development, 10 job creation, commerce and industry committee .................. 11,000 11 [Chairman] Chairperson of assembly environmental conservation 12 committee ....................................................... 12,500 13 Ranking minority member of assembly environmental conservation 14 committee ........................................................ 9,000 15 [Chairman] Chairperson of assembly corporations, authorities 16 and commissions committee ...................................... 15,000 17 Ranking minority member of assembly corporations, 18 authorities, and commissions committee .......................... 9,500 19 [Chairman] Chairperson of assembly correction 20 committee ....................................................... 12,500 21 Ranking minority member of assembly correction committee ......... 9,000 22 [Chairman] Majority Chairperson of assembly ethics and guidance 23 committee ...................................................... 12,500 24 [Ranking minority member of assembly ethics and guidance25committee ...................................................... 9,000] 26 Minority Chairperson of assembly ethics and guidance 27 committee ...................................................... 12,500 28 [Chairman] Chairperson of assembly governmental employees 29 committee ....................................................... 12,500 30 Ranking minority member of assembly governmental 31 employees committee ............................................. 9,000 32 [Chairman] Chairperson of assembly governmental operations 33 committee ....................................................... 12,500 34 Ranking minority member of assembly governmental 35 operations committee ............................................ 9,000 36 [Chairman] Chairperson of assembly housing 37 committee ....................................................... 12,500 38 Ranking minority member of assembly housing committee ............ 9,000 39 [Chairman] Chairperson of assembly insurance 40 committee ....................................................... 12,500 41 Ranking minority member of assembly insurance committee .......... 9,000 42 [Chairman] Chairperson of assembly labor 43 committee ....................................................... 14,000 44 Ranking minority member of assembly labor committee .............. 9,000 45 [Chairman] Chairperson of assembly racing and wagering 46 committee ....................................................... 12,500 47 Ranking minority member of assembly racing and wagering 48 committee ....................................................... 9,000 49 [Chairman] Chairperson of assembly social services 50 committee ....................................................... 12,500 51 Ranking minority member of assembly social services 52 committee ........................................................ 9,000 53 [Chairman] Chairperson of assembly small business 54 committee ....................................................... 12,500 55 Ranking minority member of assembly small businessA. 385 6 1 committee ........................................................ 9,000 2 [Chairman] Chairperson of assembly transportation 3 committee ....................................................... 15,000 4 Ranking minority member of assembly transportation 5 committee ........................................................ 9,500 6 [Chairman] Chairperson of assembly veterans' 7 affairs committee ............................................... 12,500 8 Ranking minority member of assembly veterans' affairs 9 committee ....................................................... 9,000 10 [Chairman] Chairperson of assembly aging 11 committee ....................................................... 12,500 12 Ranking minority member of assembly aging committee .............. 9,000 13 [Chairman] Chairperson of the assembly alcoholism and drug abuse 14 committee ...................................................... 12,500 15 Ranking minority member of the assembly alcoholism and drug abuse 16 committee ........................................................ 9,000 17 [Chairman] Chairperson of assembly committee on mental health, 18 mental retardation and developmental disabilities ............... 12,500 19 Ranking minority member of assembly committee on mental health, 20 mental retardation and developmental disabilities ................ 9,000 21 [Chairman] Chairperson of assembly higher education 22 committee ....................................................... 12,500 23 Ranking minority member of assembly higher education committee ... 9,000 24 [Chairman] Chairperson of assembly real property taxation 25 committee ....................................................... 12,500 26 Ranking minority member of assembly real property taxation 27 committee ........................................................ 9,000 28 [Chairman] Chairperson of assembly election law 29 committee ....................................................... 12,500 30 Ranking minority member of assembly election 31 law committee .................................................... 9,000 32 [Chairman] Chairperson of assembly children and families 33 committee ....................................................... 12,500 34 Ranking minority member of assembly children and families 35 committee ........................................................ 9,000 36 [Chairman] Chairperson of assembly consumer affairs and protection 37 committee ....................................................... 12,500 38 Ranking minority member of assembly consumer affairs and 39 protection committee ............................................. 9,000 40 [Chairman] Chairperson of the assembly energy 41 committee ....................................................... 12,500 42 Ranking minority member of assembly energy committee ............. 9,000 43 [Chairman] Chairperson of assembly tourism, parks, arts and sports 44 development committee ........................................... 12,500 45 Ranking minority member of assembly tourism, parks, arts and 46 sports development committee ..................................... 9,000 47 [Chairman] Chairperson of assembly oversight, analysis and investigation 48 committee ...................................................... 12,500 49 Ranking minority member of assembly oversight, 50 analysis and investigation committee ............................. 9,000 51 [Chairman] Chairperson of assembly office of state-federal 52 relations ....................................................... 12,500 53 [Chairman] Chairperson of majority house 54 operations ...................................................... 12,500 55 [Chairman] Chairperson of minority houseA. 385 7 1 operations ....................................................... 9,000 2 [Co-chairman] Co-chairperson of the administrative regulations review 3 commission ...................................................... 12,500 4 § 3. Severability clause. If any part or provision of this section or 5 the application thereof to any person is adjudged by a court of compe- 6 tent jurisdiction to be unconstitutional or otherwise invalid, such 7 judgment shall not affect or impair any other part or provision or the 8 application thereof to any other person, but shall be confined to such 9 part or provision. 10 § 4. This act shall take effect immediately.
