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A01756 Summary:

BILL NOA01756
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRGalef, Dinowitz, Mayer, Mosley, McLaughlin
 
MLTSPNSRBuchwald, Cook, Thiele
 
Amd 94, Exec L
 
Relates to meetings and proceedings of the joint commission on public ethics.
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A01756 Actions:

BILL NOA01756
 
01/13/2017referred to governmental operations
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A01756 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1756
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the executive law, in relation to meetings and proceedings of the joint commission on public ethics   PURPOSE OR GENERAL IDEA OF BILL: To require the Joint Commission on Public Ethics to comply with the requirements of the Open Meetings Law.   SUMMARY OF SPECIFIC PROVISIONS: Section one provides that meetings and proceedings of the Commission shall be open to the public pursuant to the Open Meetings Law. Section two provides the effective date.   JUSTIFICATION: Under current law, the Joint Commission on Public Ethics (JCOPE) is exempt from the Open Meetings Law. Unlike other government entities, JCOPE proceedings take place in secret, and as of now, details related to their proceedings cannot be made public. In November of 2015, the Albany Times-Union released an editorial high- lighting the flaws of the state's ethics commission. It was noted that JCOPE is "too secretive and too susceptible to conflicts of interests," and has the power to stymie investigations all while functioning with the protection of exemption from the Open Meetings Law. This lack of transparency and accountability has led to the public's great mistrust of the legislature. In its annual report to the Governor and State Legislature, the Committee on Open Government endorsed this proposed legislation as a way to address this issue, and increase the accountability of JCOPE to the public. Bringing JCOPE under the purview of the Open Meetings Law will help to restore the public's confidence in the integrity of the legislative system.   PRIOR LEGISLATIVE HISTORY: A.10289, referred to governmental operations. Same as S.6888-A, 2016 referred to finance.   FISCAL IMPLICATIONS: No fiscal impact to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A01756 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1756
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2017
                                       ___________
 
        Introduced  by M. of A. PAULIN, GALEF, DINOWITZ, MAYER, MOSLEY, McLAUGH-
          LIN -- Multi-Sponsored by -- M. of A. BUCHWALD, COOK, THIELE  --  read
          once and referred to the Committee on Governmental Operations
 
        AN  ACT  to  amend  the  executive  law,  in  relation  to  meetings and
          proceedings of 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 (b) of subdivision 19 of section 94 of the execu-
     2  tive  law,  as amended by section 6 of part A of chapter 399 of the laws
     3  of 2011, is amended to read as follows:
     4    (b) [Notwithstanding the provisions of article  seven  of  the  public
     5  officers  law,  no  meeting or proceeding, including any such proceeding
     6  contemplated under paragraph (h) or (i)  of  subdivision  nine  of  this
     7  section,]  Meetings  and  proceedings of the commission shall be open to
     8  the public[, except if expressly provided otherwise by the commission or
     9  as is required by article one-A of  the  legislative  law]  pursuant  to
    10  article seven of the public officers law. Notwithstanding the provisions
    11  of  article  seven of the public officers law, commissioners may partic-
    12  ipate in a meeting or proceeding of the  commission,  including  voting,
    13  from  a  location not open to the general public to conduct the business
    14  of the commission, so long as one of the locations from which the  meet-
    15  ing  or  proceeding  is  being conducted complies with the provisions of
    16  article seven of the public officers law. Such participation shall count
    17  towards quorum.  Furthermore, the commission shall maintain a record  of
    18  the  final  vote of each member in every proceeding of the commission in
    19  which the member votes.
    20    § 2. This act shall take effect immediately.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06307-01-7
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