Relates to activities by former state officers; permits certain state officers, terminated between January 1, 2009 and April 1, 2012 due to a reduction in the state workforce, to engage in certain activities representing any entity before a state agency or board.
STATE OF NEW YORK
________________________________________________________________________
8111
2011-2012 Regular Sessions
IN ASSEMBLY
June 2, 2011
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to activities by
former state officers
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 8 of section 73 of the public
2 officers law, as amended by chapter 306 of the laws of 2009, is amended
3 to read as follows:
4 (b) (i) The provisions of subparagraph (i) of paragraph (a) of this
5 subdivision shall not apply to any state officer or employee whose
6 employment was terminated on or after January first, nineteen hundred
7 ninety-five and before April first, nineteen hundred ninety-nine or on
8 or after January first, two thousand nine and before April first, two
9 thousand [eleven] twelve because of economy, consolidation or abolition
10 of functions, curtailment of activities or other reduction in the state
11 work force. On or before the date of such termination of employment, the
12 state agency shall provide to the terminated employee a written certif-
13 ication that the employee has been terminated because of economy,
14 consolidation or abolition of functions, curtailment of activities or
15 other reduction in the state work force, and that such employee is
16 covered by the provisions of this paragraph. The written certification
17 shall also contain a notice describing the rights and responsibilities
18 of the employee pursuant to the provisions of this section. The certif-
19 ication and notice shall contain the information and shall be in the
20 form set forth below:
21 CERTIFICATION AND NOTICE
22 TO: Employee's Name: ____________________________
23 State agency: ____________________________
24 Date of Termination: ____________________________
25 I, (name and title) of (state agency), hereby certify that your termi-
26 nation from State service is because of economy, consolidation or aboli-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08742-01-1
A. 8111 2
1 tion of functions, curtailment of activities or other reduction in the
2 State work force. Therefore, you are covered by the provisions of para-
3 graph (b) of subdivision eight of section seventy-three of the Public
4 Officers Law.
5 You were designated as a policy maker: YES ____ NO ____
6 ______________
7 (TITLE)
8 TO THE EMPLOYEE:
9 This certification affects your right to engage in certain activities
10 after you leave state service.
11 Ordinarily, employees who leave State service may not, for two years,
12 appear or practice before their former agency or receive compensation
13 for rendering services on a matter before their former agency. However,
14 because of this certification, you may be exempt from this restriction.
15 If you were not designated as a Policymaker by your agency, you are
16 automatically exempt. You may, upon leaving State service, immediately
17 appear, practice or receive compensation for services rendered before
18 your former agency.
19 If you were designated as a Policymaker by your agency, you are eligi-
20 ble to apply for an exemption to the Commission on Public Integrity at
21 540 Broadway, Albany, New York 12207.
22 Even if you are or become exempt from the two year bar, the lifetime
23 bar of the revolving door statute will continue to apply to you. You may
24 not appear, practice, communicate or otherwise render services before
25 any State agency in relation to any case, proceeding, application or
26 transaction with respect to which you were directly concerned and in
27 which you personally participated during your State service, or which
28 was under your active consideration.
29 If you have any questions about the application of the post-employment
30 restrictions to your circumstances, you may contact the Commission on
31 Public Integrity at (518) 408-3976 or 1-800-87ETHIC (1-800-873-8442).
32 (ii) The provisions of subparagraph (i) of this paragraph shall not
33 apply to any such officer or employee who at the time of or prior to
34 such termination had served in a policymaking position as determined by
35 the appointing authority, which determination had been filed with the
36 state ethics commission or the commission on public integrity, provided
37 that such officer or employee may so appear or practice or receive such
38 compensation with the prior approval of the state ethics commission or
39 the commission on public integrity. In determining whether to grant such
40 approval the state ethics commission or the commission on public integ-
41 rity shall consider:
42 A. whether the employee's prior job duties involved substantial deci-
43 sion-making authority over policies, rule or contracts;
44 B. the nature of the duties to be performed by the employee for the
45 prospective employer;
46 C. whether the prospective employment is likely to involve substantial
47 contact with the employee's former agency and the extent to which any
48 such contact is likely to involve matters where the agency has the
49 discretion to make decisions based on the work product of the employee;
50 D. whether the prospective employment may be beneficial to the state
51 or the public; and
52 E. the extent of economic hardship to the employee if the application
53 is denied.
54 § 2. This act shall take effect immediately and shall be deemed to
55 have been in full force and effect on or after January 1, 2011.
