Bill Text: NY C00172 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Temporary Joint Legislative Committee on Impeachment and Investigation of the State's Response to COVID-19 in Nursing Homes

Spectrum: Partisan Bill (Republican 41-0)

Status: (Introduced - Dead) 2021-04-19 - referred to judiciary [C00172 Detail]

Download: New_York-2021-C00172-Introduced.html

---

Assembly Resolution No. 172

BY: M. of A. Barclay

        CONCURRENT  RESOLUTION  OF  THE  SENATE AND ASSEMBLY
        proposing   to   establish   the   Temporary   Joint
        Legislative    Committee    on    Impeachment    and
        Investigation of the State's Response to COVID-19 in
        Nursing Homes and Allegations of  Sexual  Harassment
        Against   the   Governor,  and  providing  for  such
        committee's powers and duties

  WHEREAS, The State of New York  has  become  aware  that  more  than
fifteen  thousand  seniors  living  in  nursing homes and long-term care
facilities may have died as  result  of  missteps  by  public  officers,
namely  requiring  the  homes  to  admit  COVID-19  positive  residents,
pursuant to a  March  25,  2020  directive.  These  missteps  were  made
apparent  by a report from the New York State Attorney General, "Nursing
Home Response to the COVID-19 Pandemic"; and

  WHEREAS, It has been alleged in the press of the State that unlawful
or improper methods have been used or pursued  by  public  officers  and
wrongful  acts  done  to cover-up the number of COVID-19 related nursing
home and long-term care facility deaths, by intentionally underreporting
the true death toll by fifty percent; and

  WHEREAS, The laws of New  York  State  provide  protection  for  all
individuals from unlawful discrimination and harassment; and

  WHEREAS,  It  has  also been reported in the press of the State that
Governor Andrew M. Cuomo is facing allegations of sexual  harassment  by
multiple former employees; and

  WHEREAS,  The  State  should  strive  to  address these missteps and
cover-up to better protect the public, especially our seniors  and  most
vulnerable residents, and address these allegations of sexual harassment
to  better  protect all individuals in the workplace; now, therefore, be
it

  RESOLVED (if the &HOUSE concur), That a joint  legislative  committee,
to be known as the "Temporary Joint Legislative Committee on Impeachment
and  Investigation  of the State's Response to COVID-19 in Nursing Homes
and Allegations of Sexual Harassment Against the  Governor",  is  hereby
created  to  consist  of  eight  members to be appointed as follows: two
members of the Senate to be appointed by the Temporary President of  the
Senate, two members of the Senate to be appointed by the Minority Leader
of  the  Senate,  two  members  of  the  Assembly to be appointed by the
Speaker of the Assembly and two members of the Assembly to be  appointed
by  the  Minority Leader of the Assembly. The Temporary President of the
Senate and the Speaker of the Assembly shall jointly  designate  one  of
their  appointees to serve as a co-chair of such committee. The Minority
Leader of the Senate and the  Minority  Leader  of  the  Assembly  shall
jointly designate one of their appointees to serve as a co-chair of such
committee.  Any  vacancy  in  the  membership of such committee shall be
filled by the officer authorized to make the original  appointment;  and
be it further

  RESOLVED  (if the &HOUSE concur), That the committee shall examine the
State's methods of administration and conduct in all matters relating to
nursing homes and long-term care facilities during the COVID-19 Pandemic
and examine the allegations of sexual harassment against Governor Andrew
M. Cuomo; and be it further

  RESOLVED  (if  the  &HOUSE  concur), That the committee may sit at any
place within the State as it may determine to conduct its  business  and
hold  meetings  and  hearings,  and  it  shall  have all the powers of a
legislative committee as provided by the Legislative Law, including, but
not limited to the power pursuant to section  62-a  of  the  Legislative
Law,  to  subpoena  and  enforce  the  attendance of witnesses including
public officers, public employees and private persons,  and  to  require
the  production  of  books and papers, including any record, document or
correspondence pertaining to the administration of any State or  private
institution  or  of  any  State  department concerned in the management,
regulation, visitation or supervision of the  same,  and  to  administer
oaths; and be it further

  RESOLVED  (if  the  &HOUSE  concur),  That  the  committee may conduct
executive sessions,  in  accordance  with  section  105  of  the  Public
Officers  Law, when the subject matter under consideration warrants such
sessions in the determination of the  committee.  Such  committee  shall
have the power to adopt rules for the conduct of its proceedings; and be
it further

  RESOLVED  (if  the &HOUSE concur), That the committee shall promulgate
such  rules   and   procedures   for   preserving   and   ensuring   the
confidentiality   of   information   it   may  determine  warrants  such
confidentiality, including requiring the members of  the  committee  and
staff  engaged  by the committee to maintain the confidentiality of such
information; and be it further

  RESOLVED (if the &HOUSE concur), That the  committee  shall  ascertain
and report to the Legislature whether any unlawful activities or willful
and corrupt misconduct have been employed, used or pursued by any public
officer,  and  recommend  if impeachment by the Assembly should proceed;
and be it further

  RESOLVED (if the &HOUSE concur), That the  committee  shall  submit  a
report of its findings and recommendations to the Temporary President of
the  Senate,  the  Minority  Leader  of  the  Senate, the Speaker of the
Assembly, and the Minority Leader of the Assembly within sixty  days  of
adoption,  at  which time its jurisdiction and authority as set forth in
this Resolution shall  expire,  unless  renewed  by  further  concurrent
resolutions of the Senate and the Assembly.