Bill Text: NY S04021 | 2009-2010 | General Assembly | Introduced

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Bill Title: Directs the state inspector general to refer certain investigations to the attorney general; allows the state inspector general to refer to the attorney general investigations regarding matters involving state officers and employees of the executive chamber involving allegations of corruption, fraud, criminal activity, conflict of interest or abuse; further allows the state inspector general to refer investigations to the attorney general upon a determination of a conflict of interest.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04021 Detail]

Download: New_York-2009-S04021-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4021
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     April 7, 2009
                                      ___________
       Introduced  by  Sen.  WINNER -- 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 executive law, in relation to referrals by the state
         inspector general to the attorney general for investigations of  state
         officers  and  employees  of  the executive chamber or upon a determi-
         nation of a conflict of interest
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 56 to
    2  read as follows:
    3    S 56. REFERRAL TO THE ATTORNEY GENERAL;  EXECUTIVE  CHAMBER  OR  OTHER
    4  CONFLICT  OF  INTEREST. 1. A. IN ANY MATTER WHICH INVOLVES AN ALLEGATION
    5  OF CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICT OF INTEREST  OR  ABUSE
    6  BY  A STATE OFFICER OR EMPLOYEE OF THE EXECUTIVE CHAMBER RELATING TO HIS
    7  OR HER OFFICE OR EMPLOYMENT, OR BY ANY PERSON HAVING  BUSINESS  DEALINGS
    8  WITH  SUCH  STATE OFFICER OR EMPLOYEE, THE STATE INSPECTOR GENERAL SHALL
    9  REFER THE MATTER TO THE ATTORNEY GENERAL WHO SHALL COMMENCE A REVIEW  OF
   10  THE ALLEGED IMPROPRIETY.
   11    B. IN ANY MATTER IN WHICH THE STATE INSPECTOR GENERAL DETERMINES THERE
   12  IS  A  CONFLICT OF INTEREST AT ANY TIME DURING THE COURSE OF AN INVESTI-
   13  GATION, THE STATE INSPECTOR GENERAL SHALL REFER THE MATTER TO THE ATTOR-
   14  NEY GENERAL WHO SHALL CONTINUE THE INVESTIGATION OF THE  ALLEGED  IMPRO-
   15  PRIETY.
   16    2.  THE ATTORNEY GENERAL SHALL HAVE THE FOLLOWING DUTIES, RESPONSIBIL-
   17  ITIES AND POWERS WITH RESPECT TO AN INVESTIGATION REFERRED BY THE  STATE
   18  INSPECTOR GENERAL:
   19    A.  DETERMINE WITH RESPECT TO SUCH MATTERS UNDER INVESTIGATION WHETHER
   20  DISCIPLINARY ACTION, CIVIL OR CRIMINAL PROSECUTION, OR FURTHER  INVESTI-
   21  GATION  BY  AN  APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED,
   22  AND TO ASSIST IN SUCH INVESTIGATIONS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11007-01-9
       S. 4021                             2
    1    B. PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH  INVESTI-
    2  GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
    3  REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES.  THE  RELEASE  OF
    4  ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
    5  TIALITY OF ONGOING INVESTIGATIONS;
    6    C.  RECOMMEND  REMEDIAL  ACTION TO PREVENT OR ELIMINATE THE UNDERLYING
    7  CONDUCT WHICH WAS THE IMPETUS FOR THE INVESTIGATION AND TO PREVENT  SUCH
    8  ADDITIONAL  CONFLICTS  OF  INTEREST FROM OCCURRING; OR IN THE CASE OF AN
    9  INVESTIGATION  OF  THE  EXECUTIVE  CHAMBER,  TO  PREVENT  OR   ELIMINATE
   10  CORRUPTION,  FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN
   11  THE EXECUTIVE CHAMBER;
   12    D. SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
   13    E. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
   14    F. REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED  RELEVANT  OR
   15  MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
   16    G. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE
   17  DOCUMENTS  OR  RECORDS  OF  ANY KIND PREPARED, MAINTAINED OR HELD BY THE
   18  EXECUTIVE CHAMBER OR THE STATE OFFICE OF THE INSPECTOR GENERAL;
   19    H. REQUIRE ANY OFFICER OR EMPLOYEE IN THE EXECUTIVE CHAMBER TO  ANSWER
   20  QUESTIONS CONCERNING ANY MATTER RELATED TO THE PERFORMANCE OF HIS OR HER
   21  OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
   22  USED  AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSE-
   23  CUTION OTHER THAN FOR PERJURY OR CONTEMPT ARISING FROM  SUCH  TESTIMONY.
   24  THE  REFUSAL  OF  ANY  OFFICER  OR EMPLOYEE TO ANSWER QUESTIONS SHALL BE
   25  CAUSE FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE  PENAL-
   26  TY;
   27    I.  MONITOR  THE  IMPLEMENTATION  OF  ANY  RECOMMENDATIONS MADE BY THE
   28  ATTORNEY GENERAL; AND
   29    J. PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY  OR  APPROPRIATE  TO
   30  FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
   31    S 2. This act shall take effect immediately.