Bill Text: NY A08638 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime involving a violation of an oath of office.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A08638 Detail]

Download: New_York-2019-A08638-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8638

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     October 2, 2019
                                       ___________

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

        AN ACT to amend the public officers law, in relation to the creation  of
          vacancies  in  a  public office upon entering a guilty plea in federal
          court to a felony or crime involving a violation of an oath of office

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

     1    Section  1.  Paragraph  e of subdivision 1 of section 30 of the public
     2  officers law, as amended by chapter 454 of the laws of 1987, is  amended
     3  to read as follows:
     4    e.  His conviction of a felony, [or] conviction of a crime involving a
     5  violation of his oath of office or upon entering a guilty plea in feder-
     6  al court to a felony or crime involving  a  violation  of  his  oath  of
     7  office,  provided,  however,  that  a non-elected official may apply for
     8  reinstatement to the appointing authority upon reversal or the  vacating
     9  of such conviction where the conviction is the sole basis for the vacan-
    10  cy.  After  receipt  of such application, the appointing authority shall
    11  afford such applicant a hearing to determine  whether  reinstatement  is
    12  warranted. The record of the hearing shall include the final judgment of
    13  the court which reversed or vacated such conviction and may also include
    14  the entire employment history of the applicant and any other submissions
    15  which  may  form  the  basis  of  the  grant  or denial of reinstatement
    16  notwithstanding the reversal or vacating of  such  conviction.  Notwith-
    17  standing  any  law  to  the  contrary,  after review of such record, the
    18  appointing authority may, in its discretion, reappoint such  non-elected
    19  official  to his former office, or a similar office if his former office
    20  is no longer available. In the event of such reinstatement, the appoint-
    21  ing authority may, in its discretion, award salary  or  compensation  in
    22  full  or  in part for the period from the date such office became vacant
    23  to the date of reinstatement or any part thereof;
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13732-01-9