Bill Text: NY S06964 | 2021-2022 | General Assembly | Amended
Bill Title: Removes certain requirements regarding investigations of JCOPE; modifies the composition of the voting majority upon the appointment and removal of the executive director of the joint commission on public ethics; provides for the appointment and removal of the executive director by a vote of a majority of the commission, regardless of political appointment; removes a rule that vacancies of the joint commission on public ethics with respect to a member of the commission first appointed pursuant to section 6 of part A of chapter 399 of the laws of 2011 by a legislative leader, the legislative leaders of the same political party in the same house shall appoint a member to fill such vacancy irrespective of whether that legislative leader's political party is in the majority or minority.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2022-07-22 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06964 Detail]
Download: New_York-2021-S06964-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6964--A 2021-2022 Regular Sessions IN SENATE May 20, 2021 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Ethics and Internal Gover- nance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to the joint commission on public ethics; to amend the executive law, in relation to modifying the composition of the voting majority upon the appointment and removal of the executive director of the joint commission on public ethics; and to amend the executive law, in relation to filling of vacancies on the joint commission on public ethics The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 13, the opening paragraph of 2 subdivision 14-a and subdivision 14-b of section 94 of the executive 3 law, paragraph (a) of subdivision 13 as amended by section 1 of part J 4 of chapter 286 of the laws of 2016, the opening paragraph of subdivision 5 14-a and subdivision 14-b as added by section 6 of part A of chapter 399 6 of the laws of 2011, are amended to read as follows: 7 (a) Investigations. If the commission receives a sworn complaint 8 alleging a violation of section seventy-three, seventy-three-a, or 9 seventy-four of the public officers law, section one hundred seven of 10 the civil service law or article one-A of the legislative law by a 11 person or entity subject to the jurisdiction of the commission including 12 members of the legislature and legislative employees and candidates for 13 member of the legislature, or if a reporting individual has filed a 14 statement which reveals a possible violation of these provisions, or if 15 the commission determines on its own initiative to investigate a possi- 16 ble violation, the commission shall notify the individual in writing, 17 describe the possible or alleged violation of such laws, provide a 18 description of the allegations against him or her and the evidence, if 19 any, supporting such allegations, provided however that the joint 20 commission shall redact any information that might, in the judgment of 21 the commission, be prejudicial to either the complainant or the investi- 22 gation; the letter also shall set forth the sections of law alleged to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11632-02-1S. 6964--A 2 1 have been violated and provide the person with a fifteen day period in 2 which to submit a written response, including any evidence, statements, 3 and proposed witnesses, setting forth information relating to the activ- 4 ities cited as a possible or alleged violation of law. The commission 5 shall, within sixty calendar days after a complaint or a referral is 6 received or an investigation is initiated on the commission's own initi- 7 ative, vote on whether to commence a full investigation of the matter 8 under consideration to determine whether a substantial basis exists to 9 conclude that a violation of law has occurred. The staff of the joint 10 commission shall provide to the members prior to such vote information 11 regarding the likely scope and content of the investigation, and a 12 subpoena plan, to the extent such information is available. Such inves- 13 tigation shall be conducted if at least eight members of the commission 14 vote to authorize it. [Where the subject of such investigation is a15member of the legislature or a legislative employee or a candidate for16member of the legislature, at least two of the eight or more members who17so vote to authorize such an investigation must have been appointed by a18legislative leader or leaders from the major political party in which19the subject of the proposed investigation is enrolled if such person is20enrolled in a major political party. Where the subject of such investi-21gation is a state officer or state employee, at least two of the eight22or more members who so vote to authorize such an investigation must have23been appointed by the governor and lieutenant governor. Where the24subject of such investigation is a statewide elected official or a25direct appointee of such an official, at least two of the eight or more26members who so vote to authorize such an investigation must have been27appointed by the governor and lieutenant governor and be enrolled in the28major political party in which the subject of the proposed investigation29is enrolled, if such person is enrolled in a major political party.] 30 The joint commission on public ethics shall have jurisdiction to 31 investigate, but shall have no jurisdiction to impose penalties upon 32 members of or candidates for member of the legislature or legislative 33 employees for any violation of the public officers law. If, after its 34 substantial basis investigation, by a vote of at least eight members, 35 [two of whom are enrolled members of the investigated individual's poli-36tical party if the individual is enrolled in a major political party and37were appointed by a legislative leader of such political party,] the 38 joint commission on public ethics has found a substantial basis to 39 conclude that a member of the legislature or a legislative employee or 40 candidate for member of the legislature has violated any provisions of 41 such laws, it shall present a written report to the legislative ethics 42 commission, and deliver a copy of the report to the individual who is 43 the subject of the report. Such written report shall include: 44 14-b. With respect to the investigation of any individual who is not a 45 member of the legislature or a legislative employee or candidate for 46 member of the legislature, if after its investigation the joint commis- 47 sion has found a substantial basis to conclude that the individual has 48 violated the public officers law or the legislative law, the joint 49 commission shall send a substantial basis investigation report contain- 50 ing its findings of fact and conclusions of law to the individual. [With51respect to an individual who is a statewide elected official or a direct52appointee of such an official, no violation may be found unless the53majority voting in support of such a finding includes at least two54members appointed by the governor and lieutenant governor and enrolled55in the individual's major political party, if he or she is enrolled in a56major political party. Where the subject of such investigation is aS. 6964--A 3 1state officer or employee who is not a direct appointee of a statewide2elected official, at least two of the eight or more members who vote to3issue a substantial basis investigation report must have been appointed4by the governor and lieutenant governor.] The commission shall release 5 such report publicly within forty-five days of its issuance. 6 § 2. Paragraph (a) of subdivision 9 of section 94 of the executive 7 law, as amended by section 6 of part A of chapter 399 of the laws of 8 2011, is amended to read as follows: 9 (a) Appoint an executive director who shall act in accordance with the 10 policies of the commission. The appointment and removal of the executive 11 director shall be made solely by a vote of a majority of the commis- 12 sion[, which majority shall include at least one member appointed by the13governor from each of the two major political parties, and one member14appointed by a legislative leader from each of the two major political15parties]. The commission may delegate authority to the executive direc- 16 tor to act in the name of the commission between meetings of the commis- 17 sion provided such delegation is in writing, the specific powers to be 18 delegated are enumerated, and the commission shall not delegate any 19 decisions specified in this section that require a vote of the commis- 20 sion. The executive director shall be appointed without regard to poli- 21 tical affiliation and solely on the basis of fitness to perform the 22 duties assigned by this article, and shall be a qualified, independent 23 professional. The commission may remove the executive director for 24 neglect of duty, misconduct in office, violation of the confidentiality 25 restrictions in subdivision nine-a of this section, or inability or 26 failure to discharge the powers or duties of office, including the fail- 27 ure to follow the lawful instructions of the commission; 28 § 3. The opening paragraph of subdivision 2 of section 94 of the exec- 29 utive law, as amended by section 6 of part A of chapter 399 of the laws 30 of 2011, is amended to read as follows: 31 The members of the commission shall be appointed as follows: [three] 32 two members shall be appointed by the temporary president of the senate, 33 [three] two members shall be appointed by the speaker of the assembly, 34 [one member] two members shall be appointed by the minority leader of 35 the senate, [one member] two members shall be appointed by the minority 36 leader of the assembly, and six members shall be appointed by the gover- 37 nor and the lieutenant governor. [In the event that a vacancy arises38with respect to a member of the commission first appointed pursuant to39the chapter of the laws of two thousand eleven which amended this subdi-40vision by a legislative leader, the legislative leaders of the same41political party in the same house shall appoint a member to fill such42vacancy irrespective of whether that legislative leader's political43party is in the majority or minority.] Of the members appointed by the 44 governor and the lieutenant governor, at least three members shall be 45 and shall have been for at least three years enrolled members of the 46 major political party in which the governor is not enrolled. In the 47 event of a vacancy in a position previously appointed by the governor 48 and lieutenant governor, the governor and lieutenant governor shall 49 appoint a member of the same political party as the member that vacated 50 that position. Prior to making their respective appointments, the gover- 51 nor and the lieutenant governor and the legislative leaders shall solic- 52 it and receive recommendations for appointees from the attorney general 53 and the comptroller of the state of New York, which recommendations 54 shall be fully and properly considered but shall not be binding. 55 § 4. This act shall take effect immediately.
