Bill Text: NY S02525 | 2013-2014 | General Assembly | Introduced

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Bill Title: Removes public officials from office who are convicted of certain misdemeanor offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02525 Detail]

Download: New_York-2013-S02525-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2525
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2013
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government Operations
       AN  ACT to amend the public officers law, in relation to removing public
         officials  from  office  who  are  convicted  of  certain  misdemeanor
         offenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 30 of the public officers law,  as
    2  amended  by  chapter  209 of the laws of 1954, paragraph e as amended by
    3  chapter 454 of the laws of 1987 and paragraph f as  amended  by  chapter
    4  550 of the laws of 1978, is amended to read as follows:
    5    1.  Every  office  shall  be  vacant  upon the happening of one of the
    6  following events before the expiration of the term thereof:
    7    a. The death of the incumbent;
    8    b. His OR HER resignation;
    9    c. His OR HER removal from office;
   10    d. His OR HER ceasing to be an inhabitant of the state, or  if  he  OR
   11  SHE  be  a  local  officer,  of  the political subdivision, or municipal
   12  corporation of which he OR SHE is required to be a resident when chosen;
   13    e. His OR HER conviction of a felony, OR A MISDEMEANOR OFFENSE AGAINST
   14  ANOTHER PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT,  RESTRAINT  OR
   15  INTIMIDATION,  or  a  crime  involving a violation of his OR HER oath of
   16  office, provided, however, that a non-elected  official  may  apply  for
   17  reinstatement  to the appointing authority upon reversal or the vacating
   18  of such conviction where the conviction is the sole basis for the vacan-
   19  cy. After receipt of such application, the  appointing  authority  shall
   20  afford  such  applicant  a hearing to determine whether reinstatement is
   21  warranted. The record of the hearing shall include the final judgment of
   22  the court which reversed or vacated such conviction and may also include
   23  the entire employment history of the applicant and any other submissions
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00125-01-3
       S. 2525                             2
    1  which may form the  basis  of  the  grant  or  denial  of  reinstatement
    2  notwithstanding  the  reversal  or vacating of such conviction. Notwith-
    3  standing any law to the contrary,  after  review  of  such  record,  the
    4  appointing  authority may, in its discretion, reappoint such non-elected
    5  official to his OR HER former office, or a similar office if his OR  HER
    6  former  office  is  no  longer  available.  In  the  event of such rein-
    7  statement, the appointing authority may, in its discretion, award salary
    8  or compensation in full or in part for the period  from  the  date  such
    9  office became vacant to the date of reinstatement or any part thereof;
   10    f.  The entry of a judgment or order of a court of competent jurisdic-
   11  tion declaring him OR HER to be incompetent;
   12    g. The judgment of a court, declaring void  his  OR  HER  election  or
   13  appointment, or that his OR HER office is forfeited or vacant;
   14    h.  His  OR HER refusal or neglect to file his OR HER official oath or
   15  undertaking, if one is required, before or within thirty days after  the
   16  commencement  of the term of office for which he OR SHE is chosen, if an
   17  elective office, or if an appointive office, within  thirty  days  after
   18  notice  of  his  OR  HER  appointment,  or  within thirty days after the
   19  commencement of such term; or to file a renewal undertaking  within  the
   20  time  required by law, or if no time be so specified, within thirty days
   21  after notice to him OR HER in pursuance of law, that such renewal under-
   22  taking is required. The neglect or failure of any state or local officer
   23  to execute and file his OR HER oath of office and  official  undertaking
   24  within  the  time limited therefor by law, shall not create a vacancy in
   25  the office if such officer was on active duty in the armed forces of the
   26  United States and absent from the county of his OR HER residence at  the
   27  time  of  his  OR HER election or appointment, and shall take his OR HER
   28  oath of office and execute his OR HER official undertaking within thirty
   29  days after receipt of notice of his OR HER election or appointment,  and
   30  provided  such  oath  of office and official undertaking be filed within
   31  ninety days following the date it has been  taken  and  subscribed,  any
   32  inconsistent provision of law, general, special, or local to the contra-
   33  ry, notwithstanding.
   34    S 2. This act shall take effect immediately.