Bill Text: NY S02960 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the destruction of constituent files by public officials; provides penalties; defines terms.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02960 Detail]

Download: New_York-2015-S02960-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2960
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the public officers law, in relation to prohibiting  the
         destruction of constituent case files by public officials
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as the  "constitu-
    2  ent casework protection act".
    3    S  2. Section 80 of the public officers law, as amended by chapter 556
    4  of the laws of 1925, is amended to read as follows:
    5    S 80. Delivery of books and papers, money and property.   1. A  public
    6  officer shall demand from his OR HER predecessor in office or any person
    7  in whose possession they may be, a delivery to such officer of all books
    8  and papers, money and property belonging or appertaining to such office.
    9  If  such  demand  is refused, such officer may make complaint thereof to
   10  any justice of the supreme court of the district, or to the county judge
   11  of the county in which the person refusing resides. If such  justice  or
   12  judge  be  satisfied  that  such books or papers, money and property are
   13  withheld, he OR SHE shall grant an order directing the  person  refusing
   14  to  show  cause before him OR HER at a time specified therein, why he OR
   15  SHE should not deliver the same. At such time, or at any time  to  which
   16  the  matter  may be adjourned, on proof of the due service of the order,
   17  such justice or judge shall proceed to inquire into  the  circumstances.
   18  If  the  person charged with withholding such books or papers, money and
   19  property makes affidavit before such justice or judge that he OR SHE has
   20  delivered to the officer all books and papers, money and property in his
   21  OR HER custody which, within his OR HER knowledge,  or  to  his  OR  HER
   22  belief belong or appertain thereto, such proceedings before such justice
   23  or  judge  shall  cease,  and  such  person be discharged. If the person
   24  complained against shall not make such oath, and  it  appears  that  any
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05395-01-5
       S. 2960                             2
    1  such  books  or  papers,  money and property are withheld by him OR HER,
    2  such justice or judge shall commit him OR HER to the county  jail  until
    3  he  OR  SHE  delivers  such  books and papers, money and property, or is
    4  otherwise  discharged according to law. On such commitment, such justice
    5  or judge, if required by the complainant, shall also issue  his  OR  HER
    6  warrant  directed  to any sheriff or constable, commanding him OR HER to
    7  search, in the daytime, the places designated therein,  for  such  books
    8  and papers, money and property, and to bring them before such justice or
    9  judge.  If  any  such  books and papers, money and property, are brought
   10  before him OR HER by virtue of such warrant, he OR SHE  shall  determine
   11  whether  they appertain to such office, and if so shall cause them to be
   12  delivered to the complainant.
   13    2. A.  NO PUBLIC OFFICER SHALL KNOWINGLY, WILLFULLY  OR  INTENTIONALLY
   14  DESTROY  CONSTITUENT  CASE FILES, OR PERMIT ANOTHER PERSON TO DO SO. FOR
   15  THE PURPOSES OF THIS SUBDIVISION, CONSTITUENT CASE FILES  SHALL  INCLUDE
   16  ANY  CORRESPONDENCE,  WRITTEN OR ELECTRONIC, BETWEEN AN ELECTED OFFICIAL
   17  AND A CONSTITUENT OR ANY CORRESPONDENCE BETWEEN  SAID  ELECTED  OFFICIAL
   18  AND ANY OTHER PARTY PERTAINING TO: A CONSTITUENT'S GRIEVANCE; OR A QUES-
   19  TION  OF ELIGIBILITY FOR ANY BENEFIT; OR ANY ISSUE REGARDING A CONSTITU-
   20  ENT REQUEST FOR ASSISTANCE.
   21    B.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS  SUBDIVISION  SHALL
   22  BE  GUILTY  OF  A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE OF AT LEAST
   23  TEN THOUSAND DOLLARS BUT NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS,  OR
   24  TO  A TERM OF IMPRISONMENT OF UP TO ONE YEAR, OR BOTH. THE PROVISIONS OF
   25  THIS SUBDIVISION SHALL NOT APPLY TO: (A) ANY FILES WHICH  ARE  PROTECTED
   26  BY  ATTORNEY-CLIENT PRIVILEGE, OR (B) ANY DESTRUCTION OF FILES WHICH THE
   27  CONSTITUENT CONSENTS  TO  IN  WRITING,  OR  (C)  CORRESPONDENCE  FROM  A
   28  CONSTITUENT  PRIMARILY ADVOCATING FOR OR AGAINST LEGISLATION, OR (D) ANY
   29  FILES WHICH RELATE TO MATTERS WHICH HAVE BEEN RESOLVED.
   30    S 3. This act shall take effect immediately.