Bill Text: NY A06611 | 2021-2022 | General Assembly | Introduced
Bill Title: Removes certain requirements regarding investigations of JCOPE.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A06611 Detail]
Download: New_York-2021-A06611-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6611 2021-2022 Regular Sessions IN ASSEMBLY March 19, 2021 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to the joint commission on public ethics The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 13, the opening paragraph of 2 subdivision 14-a and subdivision 14-b of section 94 of the executive 3 law, paragraph (a) of subdivision 13 as amended by section 1 of part J 4 of chapter 286 of the laws of 2016, the opening paragraph of subdivision 5 14-a and subdivision 14-b as added by section 6 of part A of chapter 399 6 of the laws of 2011, are amended to read as follows: 7 (a) Investigations. If the commission receives a sworn complaint 8 alleging a violation of section seventy-three, seventy-three-a, or 9 seventy-four of the public officers law, section one hundred seven of 10 the civil service law or article one-A of the legislative law by a 11 person or entity subject to the jurisdiction of the commission including 12 members of the legislature and legislative employees and candidates for 13 member of the legislature, or if a reporting individual has filed a 14 statement which reveals a possible violation of these provisions, or if 15 the commission determines on its own initiative to investigate a possi- 16 ble violation, the commission shall notify the individual in writing, 17 describe the possible or alleged violation of such laws, provide a 18 description of the allegations against him or her and the evidence, if 19 any, supporting such allegations, provided however that the joint 20 commission shall redact any information that might, in the judgment of 21 the commission, be prejudicial to either the complainant or the investi- 22 gation; the letter also shall set forth the sections of law alleged to 23 have been violated and provide the person with a fifteen day period in 24 which to submit a written response, including any evidence, statements, 25 and proposed witnesses, setting forth information relating to the activ- 26 ities cited as a possible or alleged violation of law. The commission 27 shall, within sixty calendar days after a complaint or a referral is 28 received or an investigation is initiated on the commission's own initi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03009-03-1A. 6611 2 1 ative, vote on whether to commence a full investigation of the matter 2 under consideration to determine whether a substantial basis exists to 3 conclude that a violation of law has occurred. The staff of the joint 4 commission shall provide to the members prior to such vote information 5 regarding the likely scope and content of the investigation, and a 6 subpoena plan, to the extent such information is available. Such inves- 7 tigation shall be conducted if at least eight members of the commission 8 vote to authorize it. [Where the subject of such investigation is a9member of the legislature or a legislative employee or a candidate for10member of the legislature, at least two of the eight or more members who11so vote to authorize such an investigation must have been appointed by a12legislative leader or leaders from the major political party in which13the subject of the proposed investigation is enrolled if such person is14enrolled in a major political party. Where the subject of such investi-15gation is a state officer or state employee, at least two of the eight16or more members who so vote to authorize such an investigation must have17been appointed by the governor and lieutenant governor. Where the18subject of such investigation is a statewide elected official or a19direct appointee of such an official, at least two of the eight or more20members who so vote to authorize such an investigation must have been21appointed by the governor and lieutenant governor and be enrolled in the22major political party in which the subject of the proposed investigation23is enrolled, if such person is enrolled in a major political party]. 24 The joint commission on public ethics shall have jurisdiction to 25 investigate, but shall have no jurisdiction to impose penalties upon 26 members of or candidates for member of the legislature or legislative 27 employees for any violation of the public officers law. If, after its 28 substantial basis investigation, by a vote of at least eight members, 29 [two of whom are enrolled members of the investigated individual's poli-30tical party if the individual is enrolled in a major political party and31were appointed by a legislative leader of such political party,] the 32 joint commission on public ethics has found a substantial basis to 33 conclude that a member of the legislature or a legislative employee or 34 candidate for member of the legislature has violated any provisions of 35 such laws, it shall present a written report to the legislative ethics 36 commission, and deliver a copy of the report to the individual who is 37 the subject of the report. Such written report shall include: 38 14-b. With respect to the investigation of any individual who is not a 39 member of the legislature or a legislative employee or candidate for 40 member of the legislature, if after its investigation the joint commis- 41 sion has found a substantial basis to conclude that the individual has 42 violated the public officers law or the legislative law, the joint 43 commission shall send a substantial basis investigation report contain- 44 ing its findings of fact and conclusions of law to the individual. [With45respect to an individual who is a statewide elected official or a direct46appointee of such an official, no violation may be found unless the47majority voting in support of such a finding includes at least two48members appointed by the governor and lieutenant governor and enrolled49in the individual's major political party, if he or she is enrolled in a50major political party. Where the subject of such investigation is a51state officer or employee who is not a direct appointee of a statewide52elected official, at least two of the eight or more members who vote to53issue a substantial basis investigation report must have been appointed54by the governor and lieutenant governor.] The commission shall release 55 such report publicly within forty-five days of its issuance. 56 § 2. This act shall take effect immediately.