Bill Text: NY A04153 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes a code of ethics for all board of election employees so that no employee of a board of election should have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties in the public interest.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to election law [A04153 Detail]

Download: New_York-2023-A04153-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4153--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2023
                                       ___________

        Introduced  by  M.  of A. KELLES, CLARK -- read once and referred to the
          Committee on Election  Law  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT to amend the election law, in relation to establishing a code of
          ethics for all board of elections employees

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

     1    Section  1.  The election law is amended by adding a new section 3-201
     2  to read as follows:
     3    § 3-201. Boards of elections; employee code of ethics. 1.  Definition.
     4  As used in this section the term "board  of  elections  employee"  shall
     5  mean any permanent full-time employee of a board of elections.
     6    2.  Rule  with respect to conflicts of interest. No board of elections
     7  employee should have any interest, financial  or  otherwise,  direct  or
     8  indirect,  or  engage  in  any  business  or transaction or professional
     9  activity or incur any obligation of any nature, which is in  substantial
    10  conflict  with the proper discharge of their duties in the public inter-
    11  est.
    12    3. Standards. (a) No board of elections employee should  accept  other
    13  employment which will impair their independence of judgment in the exer-
    14  cise  of  their official duties, including but not limited to, receiving
    15  compensation or other forms of payment  from  a  campaign  or  political
    16  campaign account for non-governmental political work.
    17    (b)  No board of elections employee should use or attempt to use their
    18  official position to secure unwarranted  privileges  or  exemptions  for
    19  themselves or others, including but not limited to, the misappropriation
    20  to themselves or to others, of the property, services or other resources
    21  of  the state for private business or other compensated non-governmental
    22  purposes.
    23    (c) A board of elections employee should not, by their  conduct,  give
    24  reasonable  basis  for  the  impression  that  any person can improperly

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06393-02-3
        A. 4153--A                          2

     1  influence such employee or unduly enjoy their favor in  the  performance
     2  of  their  official  duties,  or  that they are affected by the kinship,
     3  rank, position or influence of any party or person.
     4    (d)  A board of elections employee should abstain from making personal
     5  investments in enterprises which they have  reason  to  believe  may  be
     6  directly  involved in decisions to be made by the employee or which will
     7  otherwise create substantial conflict between their duty in  the  public
     8  interest and their private interest.
     9    (e)  A  board of elections employee should endeavor to pursue a course
    10  of conduct which will not raise suspicion among the public that they are
    11  likely to be engaged in acts that are in violation of their trust.
    12    4. Violations. In addition to  any  penalty  contained  in  any  other
    13  provision  of  law, any such board of elections employee who shall know-
    14  ingly and intentionally violate any of the provisions  of  this  section
    15  may  be  fined,  suspended  or  removed from office or employment in the
    16  manner provided by law.
    17    (a) Any such employee who knowingly  and  intentionally  violates  the
    18  provisions  of  paragraph  (b),  (c) or (d) of subdivision three of this
    19  section shall be subject to a civil penalty in an amount not  to  exceed
    20  ten thousand dollars plus the value of any gift, compensation or benefit
    21  received as a result of such violation.
    22    (b)  Any  such  employee  who knowingly and intentionally violates the
    23  provisions of paragraph (a) or (e) of subdivision three of this  section
    24  shall be subject to a civil penalty in an amount not to exceed the value
    25  of  any  gift,  compensation  or  benefit  received  as a result of such
    26  violation.
    27    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    28  have become a law.