Amd S107, Civ Serv L; rpld S94, Art 4-A, amd SS63, 70-a & 835, Exec L; amd S1-c, Leg L; amd S212, RWB L; amd
S2350-dd, Pub Auth L; amd S2.10, rpld S2.10 sub 68, CP L; amd S92, Pub Off L; rpld Chap 989 of 1958
Establishes the commission on official conduct to replace the comission on public integrity and the office of the state inspector general, and the former temporary commission of investigation.
STATE OF NEW YORK
________________________________________________________________________
8930
2009-2010 Regular Sessions
IN ASSEMBLY
June 16, 2009
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on Governmental Operations
AN ACT to establish the commission on official conduct, providing for
its powers, duties and functions, and providing for the transfer of
the functions, powers and duties of the commission on public integri-
ty, the office of the state inspector general and the former temporary
state commission of investigation to the commission on official
conduct; to amend the civil service law, the legislative law and the
racing, pari-mutuel wagering and breeding law, in relation to the
commission on public integrity; to amend the executive law and the
public authorities law, in relation to the state inspector general; to
amend the criminal procedure law, the executive law and the public
officers law, in relation to the former temporary state commission of
investigation; to repeal section 94 of the executive law relating to
the commission on public integrity; to repeal article 4-A of the exec-
utive law and subdivision 68 of section 2.10 of the criminal procedure
law relating to the office of the state inspector general; and to
repeal chapter 989 of the laws of 1958, relating to creating a tempo-
rary state commission of investigation, relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "commission on official conduct act".
3 § 2. Definitions. As used in this act, the following terms shall mean:
4 (a) "Commission" means the commission on official conduct established
5 by section three of this act.
6 (b) "Executive director" means the executive director of the commis-
7 sion, appointed pursuant to section four of this act.
8 (c) "Covered agency" means all executive branch agencies, departments,
9 divisions, officers, boards and commissions, public authorities (other
10 than multi-state or multi-national authorities) and public benefit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10838-02-9
A. 8930 2
1 corporations, the heads of which are appointed by the governor, and
2 which do not have their own inspector general by statute.
3 § 3. Commission on official conduct; established. (a) There is hereby
4 established, as an independent state agency, the commission on official
5 conduct. The commission shall consist of 5 members appointed as follows:
6 (1) one member appointed by the chief judge of the court of appeals,
7 who shall serve as the chair of the commission;
8 (2) one member appointed by the presiding justice of the appellate
9 division in the first department;
10 (3) one member appointed by the presiding justice of the appellate
11 division in the second department;
12 (4) one member appointed by the presiding justice of the appellate
13 division in the third department; and
14 (5) one member appointed by the presiding justice of the appellate
15 division in the fourth department.
16 (b) Each member of the commission shall serve a term of 5 years
17 commencing on the first of January of the calendar year in which the
18 vacancy in such office occurs; provided, however, that for the members
19 initially appointed as members, the member appointed by the presiding
20 justice in the fourth department shall serve a term of 1 year, the
21 member appointed by the presiding justice in the second department shall
22 serve a term of 2 years, the member appointed by the presiding justice
23 in the third department shall serve a term of 3 years, the member
24 appointed by the presiding justice in the first department shall serve a
25 term of 4 years and the member appointed by the chief judge of the court
26 of appeals shall serve a term of 5 years.
27 Any vacancy occurring in the membership of the commission shall be
28 filled within 60 days of its occurrence in the same manner as the member
29 whose vacancy is being filled was appointed. A person appointed to fill
30 a vacancy occurring other than by expiration of a term of office shall
31 be appointed to the unexpired term of the member he or she replaces.
32 (c) Four members of the commission shall constitute a quorum, and the
33 commission shall have power to act by majority vote of the total number
34 of members of the commission without vacancy.
35 (d) The members of the commission shall receive no compensation for
36 their services, but shall be allowed their actual and necessary expenses
37 incurred in the performance of their duties pursuant to this act.
38 (e) Members of the commission may be removed by the chief judge of the
39 court of appeals for substantial neglect of duty, gross misconduct in
40 office, inability to discharge the powers and duties of office or
41 violation of the provisions of this act, after written notice and oppor-
42 tunity to be heard by the court of appeals.
43 § 4. Executive director and staff. (a) The commission shall appoint
44 and employ an executive director who shall serve a term of 6 years. Any
45 vacancy in the office of executive director shall be filled within 10
46 days of its occurrence. A person appointed to fill a vacancy in the
47 office of executive director occurring other than by expiration of a
48 term of office shall be appointed to the unexpired term of the executive
49 director he or she replaces.
50 (b) The executive director shall act in accordance with the policies,
51 rules and regulations of the commission. He or she shall act in the name
52 of the commission pursuant to the specific powers delegated by the
53 commission to the office of executive director.
54 (c) The commission shall appoint and employ such other staff and
55 investigators as shall be necessary to carry out its powers and duties
56 pursuant to this act.
A. 8930 3
1 (d) The executive director, staff members and investigators may be
2 removed by the commission for substantial neglect of duty, gross miscon-
3 duct in office, inability to perform their duties or violation of the
4 provisions of this act, after written notice and opportunity to be
5 heard.
6 § 5. Powers and duties. The commission shall have the power and duty
7 to:
8 (a) fix the compensation of the executive director, staff members and
9 investigators;
10 (b) request and receive, and shall utilize and be provided with such
11 facilities, resources and data of any court, department, division,
12 board, bureau, commission or agency of the state or any political subdi-
13 vision thereof, or of any public authority or public benefit corpo-
14 ration, as it may reasonably request to properly carry out its powers
15 and duties pursuant to this act;
16 (c) adopt, amend and rescind rules and regulations to govern the
17 procedures of the commission and to implement the provisions of this
18 act;
19 (d) adopt, amend and rescind rules and regulations to assist appoint-
20 ing authorities in determining which persons hold policy-making posi-
21 tions for the purposes of section 73-a of the public officers law;
22 (e) make available forms for annual statements of financial disclosure
23 required to be filed pursuant to section 73-a of the public officers
24 law;
25 (f) review financial disclosure statements filed pursuant to section
26 73-a of the public officers law;
27 (g) receive and investigate complaints and referrals alleging
28 violations of section 73, 73-a or 74 of the public officers law, article
29 1-A of the legislative law, or section 107 of the civil service law;
30 (h) permit any person required to file a financial disclosure state-
31 ment pursuant to section 73-a of the public officers law to delete from
32 the copy thereof made available for public inspection such information
33 as shall be determined by the commission will have no material bearing
34 on the discharge of the reporting person's official duties;
35 (i) grant any person required to file a financial disclosure statement
36 pursuant to section 73-a of the public officers law, an additional peri-
37 od of time within which to file such statement due to justifiable cause
38 or undue hardship;
39 (j) permit any person required to file a financial disclosure state-
40 ment pursuant to section 73-a of the public officers law to delete such
41 information pertaining to such person's spouse or unemancipated children
42 as shall be found by the commission will have no material bearing on the
43 discharge of the reporting person's official duties;
44 (k) advise and assist any state agency in establishing rules and regu-
45 lations relating to possible conflicts between private interests and
46 official duties of present and former state officers and employees;
47 (l) permit any person who has not been determined by his or her
48 appointing authority to hold a policy-making position, but who is other-
49 wise required to file a financial disclosure statement, to be granted an
50 exemption from such filing requirement. The commission may grant such an
51 exemption where the public interest does not require disclosure and the
52 applicant's duties do not involve negotiation, authorization or approval
53 of:
54 (1) contracts, leases, franchises, revocable consents, concessions,
55 variances, special permits or licenses as defined in section 73 of the
56 public officers law,
A. 8930 4
1 (2) the purchase, sale, rental or lease of real property, goods or
2 services, or a contract therefor,
3 (3) the obtaining of grants of money or loans, or
4 (4) the adoption or repeal of any rule or regulation having the force
5 and effect of law;
6 (m) determine questions common to a class or defined category of
7 persons or items of information required to be disclosed, where determi-
8 nation of the question will prevent undue repetition of requests for
9 exemption or deletion, or prevent undue complication in complying with
10 the provisions of this act;
11 (n) upon written request from a person subject to the requirements of
12 section 73, 73-a or 74 of the public officers law, render an advisory
13 opinion on the requirements of such provisions;
14 (o) promulgate rules concerning restrictions on outside activities and
15 limitations or the receipt of gifts and honoraria;
16 (p) conduct training programs, in cooperation with the governor's
17 office of employee relations, to provide instruction to persons subject
18 to its jurisdiction;
19 (q) administer and enforce all provisions of this act;
20 (r) conduct any investigation necessary to carry out the provisions of
21 this act;
22 (s) receive and investigate complaints from any source, or upon its
23 own initiative, concerning allegations of corruption, fraud, criminal
24 activity, conflicts of interest or abuse in any covered agency;
25 (t) inform the heads of covered agencies of such allegations and the
26 progress of investigations related thereto, unless special circumstances
27 require confidentiality;
28 (u) determine with respect to such allegations whether disciplinary
29 action, civil or criminal prosecution, or further investigation by an
30 appropriate federal, state or local agency is warranted, and to assist
31 in such investigations;
32 (v) prepare and release to the public written reports of such investi-
33 gations, as appropriate and to the extent permitted by law, subject to
34 redaction to protect the confidentiality of witnesses. The release of
35 all or portions of such reports may be deferred to protect the confiden-
36 tiality of ongoing investigations;
37 (w) review and examine periodically the policies and procedures of
38 covered agencies with regard to the prevention and detection of
39 corruption, fraud, criminal activity, conflicts of interest or abuse;
40 (x) recommend remedial acts to prevent or eliminate corruption, fraud,
41 criminal activity, conflicts of interest or abuse in covered agencies;
42 (y) establish programs for training state officers and employees
43 regarding the prevention and elimination of corruption, fraud, criminal
44 activity, conflicts of interest or abuse in covered agencies;
45 (z) subpoena and enforce the attendance of witnesses;
46 (aa) administer oaths or affirmations and examine witnesses under
47 oath;
48 (bb) require the production of any books and papers deemed relevant or
49 material to any investigation, examination or review;
50 (cc) examine and copy or remove documents or records of any kind
51 prepared, maintained or held by any covered agency;
52 (dd) require any officer or employee in a covered agency to answer
53 questions concerning any matter related to the performance of his or her
54 official duties. No statement or other evidence derived therefrom may be
55 used against such officer or employee in any subsequent criminal prose-
56 cution other than for perjury or contempt arising from such testimony.
A. 8930 5
1 The refusal of any officer or employee to answer questions shall be
2 cause for removal from office or employment, or other appropriate penal-
3 ty;
4 (ee) monitor the implementation by covered agencies of any recommenda-
5 tions made by the commission;
6 (ff) perform any other functions that are necessary or appropriate to
7 fulfill the provisions of this act;
8 (gg) conduct investigations in connection with:
9 (1) the faithful execution and enforcement of the laws of the state,
10 with particular reference but not limited to organized crime and racke-
11 teering,
12 (2) the conduct of public officers and public employees, and of offi-
13 cers and employees of public benefit corporations and public authori-
14 ties, and
15 (3) any matter concerning the public peace, public safety and public
16 justice;
17 (hh) at the direction of the governor, conduct investigations and
18 otherwise assist the governor in connection with:
19 (1) the removal of public officers by the governor,
20 (2) the making of recommendations by the governor to any other person
21 or body, with respect to the removal of public officers, and
22 (3) the making of recommendations by the governor to the legislature
23 with respect to changes in or additions to existing provisions of law
24 required for the more effective enforcement of the law;
25 (ii) at the direction or request of the governor or the head of any
26 department, board, bureau, commission or other agency of the state,
27 investigate the management or affairs of any such department, board,
28 bureau, commission or other agency;
29 (jj) upon the request of district attorneys and other law enforcement
30 officers, cooperate with, advise and assist them in the performance of
31 their official powers and duties;
32 (kk) cooperate with departments and officers of the United States
33 government in the investigation of violations of the federal laws within
34 this state;
35 (ll) examine into matters relating to law enforcement extending across
36 the boundaries of the state into other states, and may consult and
37 exchange information with officers and agencies of other states with
38 respect to law enforcement problems of mutual concern to this and other
39 states;
40 (mm) whenever it shall appear to the commission that there is cause
41 for the prosecution for a crime or for the removal of a public officer
42 for misconduct, refer the evidence of such crime or misconduct to the
43 officials authorized to conduct the prosecution or to remove the public
44 officer;
45 (nn) keep the public informed as to the operations of organized crime
46 and problems of law enforcement in the state; and
47 (oo) exercise any and all powers of the former commission on public
48 integrity and the former office of the state inspector general as they
49 existed immediately prior to the effective date of this act, and exer-
50 cise any and all powers of the former temporary state commission of
51 investigation as they existed on March 30, 2009.
52 § 6. Financial disclosure. (a) The commission shall inspect all finan-
53 cial disclosure statements filed with the commission to ascertain wheth-
54 er any person subject to the reporting requirements of section 73-a of
55 the public officers law has failed to file such a statement, has filed a
A. 8930 6
1 deficient statement or has filed a statement which reveals a possible
2 violation of section 73, 73-a or 74 of the public officers law.
3 (b) If a person required to file a financial disclosure statement with
4 the commission has failed to file a disclosure statement or has filed a
5 deficient statement, the commission shall notify the reporting person in
6 writing, state the failure to file or detail the deficiency, provide the
7 person with a fifteen day period to cure the deficiency, and advise the
8 person of the penalties for failure to comply with the reporting
9 requirements. Such notice shall be confidential. If the person fails to
10 make such filing or fails to cure the deficiency within the specified
11 time period, the commission shall send a notice of delinquency: (1) to
12 the reporting person; (2) in the case of a statewide elected official,
13 to the temporary president of the senate and the speaker of the assem-
14 bly; and (3) in the case of a state officer or employee, to the appoint-
15 ing authority for such person. Such notice of delinquency may be sent at
16 any time during the reporting person's service as a statewide elected
17 official, state officer or employee, political party chair or while a
18 candidate for statewide office, or within one year after termination of
19 such service or candidacy. The jurisdiction of the commission, when
20 acting pursuant to subdivision (d) of this section with respect to
21 financial disclosure, shall continue notwithstanding that the reporting
22 person separates from state service, or ceases to hold office as a
23 statewide elected official or political party chair, or ceases to be a
24 candidate, provided the commission notifies such person of the alleged
25 failure to file or deficient filing pursuant to this subdivision.
26 (c)(1) If the commission receives a sworn complaint alleging a
27 violation of section 73, 73-a or 74 of the public officers law, section
28 107 of the civil service law or article 1-A of the legislative law by a
29 person or entity subject to the jurisdiction of the commission, or if a
30 reporting individual has filed a statement which reveals a possible
31 violation of these provisions, or if the commission determines on its
32 own initiative to investigate a possible violation, the commission shall
33 notify the individual in writing, describe the possible or alleged
34 violation of such laws and provide the person with a fifteen day period
35 in which to submit a written response setting forth information relating
36 to the activities cited as a possible or alleged violation of law. If
37 the commission thereafter makes a determination that further inquiry is
38 justified, it shall give the individual an opportunity to be heard. The
39 commission shall also inform the individual of its rules regarding the
40 conduct of adjudicatory proceedings and appeals and the due process
41 procedural mechanisms available to such individual. If the commission
42 determines at any stage of the proceeding that there is no violation or
43 that any potential conflict of interest violation has been rectified, it
44 shall so advise the individual and the complainant, if any. All of the
45 foregoing proceedings shall be confidential.
46 (2) If the commission determines that there is reasonable cause to
47 believe that a violation has occurred, it shall send a notice of reason-
48 able cause: (i) to the reporting person; (ii) to the complainant if any;
49 (iii) in the case of a statewide elected official, to the temporary
50 president of the senate and the speaker of the assembly; and (iv) in the
51 case of a state officer or employee, to the appointing authority for
52 such person.
53 (3) The jurisdiction of the commission when acting pursuant to this
54 act shall continue notwithstanding that a statewide elected official or
55 a state officer or employee separates from state service, or a political
56 party chair ceases to hold such office, or a candidate ceases to be a
A. 8930 7
1 candidate, or a lobbyist or client of a lobbyist ceases to act as such,
2 provided that the commission notifies such individual or entity of the
3 alleged violation of law pursuant to paragraph one of this subdivision
4 within one year from his or her separation from state service or his or
5 her termination of party service or candidacy, or from his, her or its
6 last report filed pursuant to article 1-A of the legislative law. Noth-
7 ing in this section shall serve to limit the jurisdiction of the commis-
8 sion in enforcement of subdivision 8 of section 73 of the public offi-
9 cers law.
10 (d) An individual subject to the jurisdiction of the commission who
11 knowingly and intentionally violates the provisions of subdivisions 2
12 through 5, 7, 8, 12 or 14 through 17 of section 73 of the public offi-
13 cers law, section 107 of the civil service law, or a reporting individ-
14 ual who knowingly and wilfully fails to file an annual statement of
15 financial disclosure or who knowingly and wilfully with intent to
16 deceive makes a false statement or fraudulent omission or gives informa-
17 tion which such individual knows to be false on such statement of finan-
18 cial disclosure filed pursuant to section 73-a of the public officers
19 law shall be subject to a civil penalty in an amount not to exceed
20 $40,000 and the value of any gift, compensation or benefit received as a
21 result of such violation. An individual who knowingly and intentionally
22 violates the provisions of paragraph b, c, d or i of subdivision 3 of
23 section 74 of the public officers law shall be subject to a civil penal-
24 ty in an amount not to exceed $10,000 and the value of any gift, compen-
25 sation or benefit received as a result of such violation. An individual
26 who knowingly and intentionally violates the provisions of paragraph a,
27 e or g of subdivision 3 of section 74 of the public officers law shall
28 be subject to a civil penalty in an amount not to exceed the value of
29 any gift, compensation or benefit received as a result of such
30 violation. An individual subject to the jurisdiction of the commission
31 who knowingly and willfully violates article 1-A of the legislative law
32 shall be subject to civil penalty as provided for in that article.
33 Assessment of a civil penalty pursuant to this section shall be made by
34 the commission with respect to persons subject to its jurisdiction. In
35 assessing the amount of the civil penalties to be imposed, the commis-
36 sion shall consider the seriousness of the violation, the amount of gain
37 to the individual and whether the individual previously had any civil or
38 criminal penalties imposed pursuant to this section, and any other
39 factors the commission deems appropriate. For a violation of this subdi-
40 vision, other than for conduct which constitutes a violation of section
41 107 of the civil service law, subdivisions 12 or 14 through 17 of
42 section 73 or section 74 of the public officers law or article 1-A of
43 the legislative law, the commission may, in lieu of a civil penalty,
44 refer a violation to the appropriate prosecutor and upon such
45 conviction, such violation shall be punishable as a class A misdemeanor.
46 A civil penalty for false filing may not be imposed pursuant to this
47 section in the event a category of "value" or "amount" reported pursuant
48 to this section is incorrect unless such reported information is falsely
49 understated. Notwithstanding any other provision of law to the contrary,
50 no other penalty, civil or criminal may be imposed for a failure to
51 file, or for a false filing, of such statement, or a violation of
52 section 73 of the public officers law, except that the appointing
53 authority may impose disciplinary action as otherwise provided by law.
54 The commission may refer violations of this section to the appointing
55 authority for disciplinary action as otherwise provided by law. The
56 commission shall be deemed to be an agency within the meaning of article
A. 8930 8
1 3 of the state administrative procedure act and shall adopt rules
2 governing the conduct of adjudicatory proceedings and appeals taken
3 pursuant to a proceeding commenced under article 78 of the civil prac-
4 tice law and rules relating to the assessment of the civil penalties
5 authorized by this subdivision and commission denials of requests for
6 certain deletions or exemptions to be made from a financial disclosure
7 statement as authorized by this act. Such rules, which shall not be
8 subject to the approval requirements of the state administrative proce-
9 dure act, shall provide for due process procedural mechanisms substan-
10 tially similar to those set forth in article 3 of the state administra-
11 tive procedure act but such mechanisms need not be identical in terms or
12 scope. Assessment of a civil penalty or commission denial of such a
13 request shall be final unless modified, suspended or vacated within
14 thirty days of imposition, with respect to the assessment of such penal-
15 ty, or unless such denial of request is reversed within such time peri-
16 od, and upon becoming final shall be subject to review at the instance
17 of the affected reporting individuals in a proceeding commenced against
18 the commission, pursuant to article 78 of the civil practice law and
19 rules.
20 (e) If the commission has a reasonable basis to believe that any
21 person subject to the jurisdiction of the legislative ethics commission
22 may have violated any provisions of section 73 or 74 of the public offi-
23 cers law, it may refer such violation to the legislative ethics commis-
24 sion. The referral by the commission to the legislative ethics commis-
25 sion shall include any information relating thereto coming into the
26 custody or under the control of the commission at any time prior or
27 subsequent to the time of the referral.
28 (f) A copy of any notice of delinquency or notice of reasonable cause
29 sent pursuant to subdivisions (b) and (c) of this section shall be
30 included in the reporting person's file and be available for public
31 inspection and copying.
32 § 7. Website. Within one hundred twenty days of the effective date of
33 this section, the commission shall create and thereafter maintain a
34 publicly accessible website which shall set forth the procedure for
35 filing a complaint with the commission, and which shall contain the
36 documents identified in section eight of this act, other than financial
37 disclosure statements, and any other records or information which the
38 commission determines to be appropriate.
39 § 8. Public access to records. (a) Notwithstanding the provisions of
40 article 6 of the public officers law, the only records of the commission
41 which shall be available for public inspection and copying are:
42 (1) the information set forth in an annual statement of financial
43 disclosure filed pursuant to section 73-a of the public officers law
44 except the categories of value or amount, which shall remain confiden-
45 tial, and any other item of information deleted pursuant to this act;
46 (2) notices of delinquency sent under subdivision (b) of section six
47 of this act;
48 (3) notices of reasonable cause sent under paragraph two of subdivi-
49 sion (c) of section six of this act;
50 (4) notices of civil assessments imposed under this act which shall
51 include a description of the nature of the alleged wrongdoing, the
52 procedural history of the complaint, the findings and determinations
53 made by the commission, and any sanction imposed;
54 (5) the terms of any settlement or compromise of a complaint or refer-
55 ral which includes a fine, penalty or other remedy; and
A. 8930 9
1 (6) those required to be held or maintained publicly available pursu-
2 ant to article 1-A of the legislative law.
3 (b) Pending any application for deletion or exemption to the commis-
4 sion, all information which is the subject or a part of the application
5 shall remain confidential. Upon an adverse determination by the commis-
6 sion, the reporting individual may request, and upon such request the
7 commission shall provide, that any information which is the subject or
8 part of the application remain confidential for a period of thirty days
9 following notice of such determination. In the event that the reporting
10 individual resigns his or her office and holds no other office subject
11 to the jurisdiction of the commission, the information shall not be made
12 public and shall be expunged in its entirety.
13 § 9. Responsibilities of covered agencies, state officers and employ-
14 ees. (a) Every state officer or employee in a covered agency shall
15 report promptly to the commission any information concerning corruption,
16 fraud, criminal activity, conflicts of interest or abuse by another
17 state officer or employee relating to his or her office or employment,
18 or by a person having business dealings with a covered agency relating
19 to those dealings. The knowing failure of any officer or employee to so
20 report shall be cause for removal from office or employment or other
21 appropriate penalty. Any officer or employee who acts pursuant to this
22 subdivision by reporting to the commission improper governmental action
23 as defined in section 75-b of the civil service law shall not be subject
24 to dismissal, discipline or other adverse personnel action.
25 (b) The head of any covered agency shall advise the governor within
26 ninety days of the issuance of a report by the commission as to the
27 remedial action that the agency has taken in response to any recommenda-
28 tion for such action contained in such report.
29 § 10. Confidentiality. Any person conducting or participating in any
30 examination or investigation who shall disclose to any person other than
31 the commission or an officer having the power to appoint one or more of
32 the commissioners the name of any witness examined, or any information
33 obtained or given upon such examination or investigation, except as
34 directed by the commission, shall be guilty of a misdemeanor.
35 § 11. Evidence to be impounded. Upon the application of the commis-
36 sion, the executive director or a duly authorized member of its staff,
37 the supreme court or a justice thereof may impound any exhibit marked in
38 evidence in any public or private hearing held in connection with an
39 investigation conducted by the commission, and may order such exhibit to
40 be retained by, or delivered to and placed in the custody of, the
41 commission. When so impounded such exhibit shall not be taken from the
42 custody of the commission, except upon further order of the court or a
43 justice thereof made upon five days notice to the commission or upon its
44 application or with its consent.
45 § 12. Immunity from prosecution. In any investigation or hearing
46 conducted by the commission pursuant to this act, relating to any crime
47 or offense with respect to which, by express provision of statute, a
48 competent authority is authorized to confer immunity; the commission may
49 confer immunity in accordance with the provisions of section 50.20 of
50 the criminal procedure law, but only after affording the attorney gener-
51 al and the appropriate district attorney the opportunity to be heard in
52 respect to any objections which they may have to the granting of such
53 immunity.
54 § 13. Transfer of functions, powers and duties. All functions, powers,
55 duties and obligations of the former commission on public integrity and
A. 8930 10
1 the former office of the state inspector general are hereby transferred
2 to the commission.
3 § 14. Transfer of employees. (a) Upon transfer of the functions of the
4 former commission on public integrity and the former office of the state
5 inspector general to the commission, provisions shall be made for the
6 transfer to the commission of those employees of such former agencies
7 who were engaged in carrying out the functions transferred by this act
8 in accordance with section 70 of the civil service law or, where not
9 subject to the civil service law, the provisions of such section 70
10 shall be deemed applicable, except where the context clearly requires
11 otherwise. Any such employee who, at the time of such transfer, has a
12 temporary or provisional appointment shall be transferred subject to the
13 same right of removal, examination or termination as though such trans-
14 fer had not been made except to the extent such rights are modified by a
15 collective bargaining agreement. Employees holding permanent appoint-
16 ments in competitive class positions who are not transferred pursuant to
17 this section shall have their names entered upon an appropriate
18 preferred list for reinstatement pursuant to the civil service law.
19 (b) A transferred employee shall remain in the same collective
20 bargaining unit as was the case prior to his or her transfer; successor
21 employees to the positions held by such transferred employees shall,
22 consistent with the provisions of article 14 of the civil service law,
23 be included in the same unit as their predecessors. Employees other than
24 management or confidential persons (as defined in article 14 of the
25 civil service law), serving positions in newly created titles shall be
26 assigned to the appropriate bargaining unit. Nothing contained in this
27 section shall be construed to affect:
28 (1) the rights of employees pursuant to a collective bargaining agree-
29 ment;
30 (2) the representational relationships among employee organizations or
31 the bargaining relationships between the state and an employee organiza-
32 tion; or
33 (3) existing law with respect to an application to the public employ-
34 ment relations board, provided, however, that the merger of such negoti-
35 ating units of employees shall be effected only with the consent of the
36 recognized and certified representative of such units and of the depart-
37 ment of law.
38 § 15. Transfer of records. All books, papers and property of the
39 former commission on public integrity and the former office of the state
40 inspector general are to be delivered to the commission at such place
41 and time, and in such manner as the commission shall require.
42 § 16. Continuity of authority. For the purpose of succession to all
43 functions, powers, duties and obligations of the former commission on
44 public integrity and the former office of the state inspector general
45 transferred to and assumed by the commission, such commission shall
46 continue the operation thereof as if performed by such former agencies.
47 § 17. Completion of unfinished business. Any business or other matter
48 undertaken or commenced by the former commission on public integrity and
49 the former office of the state inspector general pertaining to or
50 connected with the functions, powers, duties and obligations transferred
51 and assigned to the commission and pending on the effective date of this
52 section shall be conducted and completed by the commission in the same
53 manner and under the same terms and conditions and with the same effect
54 as if conducted and completed by such former agencies.
55 § 18. Continuation of rules and regulations. All rules, regulations,
56 acts, orders, determinations and decisions of the former commission on
A. 8930 11
1 public integrity and the former office of the state inspector general in
2 force at the time of such transfer and assumption, shall continue in
3 force and effect as rules, regulations, acts, orders, determinations and
4 decisions of the commission until duly modified or abrogated.
5 § 19. Terms occurring in laws, contracts and other documents. Whenever
6 the former commission on public integrity or the former office of the
7 state inspector general is referred to or designated in any law,
8 contract or document pertaining to the functions, powers, obligations
9 and duties transferred and assigned pursuant to this act, such reference
10 or designation shall be deemed to refer to the commission.
11 § 20. Existing rights and remedies preserved. No existing right or
12 remedy of any character shall be lost, impaired or affected by reason of
13 any transfer or assignment pursuant to this act.
14 § 21. Pending actions or proceedings. No action or proceeding pending
15 upon the effective date of this section relating to the functions,
16 powers and duties of the former commission on public integrity and the
17 former office of the state inspector general transferred to the commis-
18 sion, brought by or against any such former agency, shall be affected by
19 any provision of this act, but the same may be prosecuted or defended in
20 the name of the commission. In all such actions and proceedings, the
21 commission, upon application to the court, shall be substituted as a
22 party.
23 § 22. Transfer of appropriations heretofore made. Subject to the
24 approval of the director of the division of the budget, all appropri-
25 ations and reappropriations heretofore made to the former commission on
26 public integrity and the former office of the state inspector general
27 for the purposes and functions transferred pursuant to this act to the
28 commission, to the extent of remaining unexpended or unencumbered
29 balance thereof, whether allocated or unallocated, and whether obligated
30 or unobligated, are hereby transferred to and made available for use and
31 expenditure by the commission for the same purposes for which originally
32 appropriated or reappropriated and shall be payable on vouchers certi-
33 fied or approved by the executive director on audit and warrant of the
34 comptroller. Payments for liabilities for expenses of personal services,
35 maintenance and operation heretofore incurred by and for liabilities
36 incurred and to be incurred in completing the affairs of the former
37 commission on public integrity and the former office of the state
38 inspector general with respect to the powers, duties and functions
39 transferred in this act, shall also be made on vouchers or certificates
40 approved by the executive director on audit and warrant of the comp-
41 troller.
42 § 23. Transfer of assets and liabilities. All assets and liabilities
43 of the former commission on public integrity and the former office of
44 the state inspector general are hereby transferred to and assumed by the
45 commission.
46 § 24. The commission is hereby directed to immediately take any and
47 all actions necessary to enable it to assume all powers, duties and
48 functions of the former commission on public integrity, the former
49 office of the state inspector general and the former temporary state
50 commission of investigation within 90 days of the effective date of this
51 act.
52 § 25. Subdivision 5 of section 107 of the civil service law, as
53 amended by chapter 14 of the laws of 2007, is amended to read as
54 follows:
55 5. Violation of this section. Complaints alleging a violation of this
56 section by a statewide elected official or a state officer or employee,
A. 8930 12
1 as defined in section seventy-three of the public officers law, may be
2 directed to the commission on [public integrity] official conduct.
3 § 26. Section 94 of the executive law is REPEALED.
4 § 27. Subdivision (f) of section 1-c of the legislative law, as
5 amended by chapter 14 of the laws of 2007, is amended to read as
6 follows:
7 (f) The term "commission" shall mean the commission on [public integ-
8 rity created by section ninety-four of the executive law] official
9 conduct.
10 § 28. Subdivision 3 of section 212 of the racing, pari-mutuel wagering
11 and breeding law, as amended by chapter 18 of the laws of 2008, is
12 amended to read as follows:
13 3. Such members, except as otherwise provided by law, may engage in
14 private or public employment, or in a profession or business. The board,
15 its members, officers and employees shall be subject to the provisions
16 of sections seventy-three and seventy-four of the public officers law.
17 No former trustee or officer of a non-profit racing association known as
18 The New York Racing Association, Inc. or its predecessor, no current
19 director or officer of a franchised corporation or any individual regis-
20 tered with the [New York] commission on [public integrity] official
21 conduct shall be appointed as members to the board nor shall any member
22 of the board have any direct or indirect interest in any racehorse,
23 thoroughbred racing or pari-mutuel wagering business, video lottery
24 terminal facility or any development at any racing facility.
25 § 29. Article 4-A of the executive law is REPEALED.
26 § 30. Subdivision 3 of section 63 of the executive law, as amended by
27 chapter 766 of the laws of 2005, is amended to read as follows:
28 3. Upon request of the governor, comptroller, secretary of state,
29 commissioner of transportation, superintendent of insurance, superinten-
30 dent of banks, commissioner of taxation and finance, commissioner of
31 motor vehicles, or the [state inspector general] commission on official
32 conduct, or the head of any other department, authority, division or
33 agency of the state, investigate the alleged commission of any indicta-
34 ble offense or offenses in violation of the law which the officer making
35 the request is especially required to execute or in relation to any
36 matters connected with such department, and to prosecute the person or
37 persons believed to have committed the same and any crime or offense
38 arising out of such investigation or prosecution or both, including but
39 not limited to appearing before and presenting all such matters to a
40 grand jury.
41 § 31. Section 2350-dd of the public authorities law, as added by chap-
42 ter 762 of the laws of 2005, is amended to read as follows:
43 § 2350-dd. Jurisdiction of [state inspector general] commission on
44 official conduct. The agency is subject to the jurisdiction of the
45 [office of the state inspector general] commission on official conduct.
46 § 32. Subdivision 3 of section 2.10 of the criminal procedure law, as
47 added by chapter 843 of the laws of 1980, is amended to read as follows:
48 3. [Investigators] The executive director and investigators of the
49 [office of the state] commission [of investigation] on official conduct.
50 § 33. Subdivision 68 of section 2.10 of the criminal procedure law, as
51 added by chapter 168 of the laws of 2000, is REPEALED.
52 § 34. Subdivision 3 of section 70-a of the executive law, as added by
53 chapter 1003 of the laws of 1970, is amended to read as follows:
54 3. The deputy attorney general in charge of the organized crime task
55 force may request and shall receive from the division of state police,
56 the state department of taxation and finance, the state department of
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1 labor, the [temporary state] commission [of investigation] on official
2 conduct, and from every department, division, board, bureau, commission
3 or other agency of the state, or of any political subdivision thereof,
4 cooperation and assistance in the performance of his duties. Such deputy
5 attorney general may provide technical and other assistance to any
6 district attorney or other local law enforcement official requesting
7 such assistance in the investigation or prosecution of organized crime
8 cases.
9 § 35. Subdivision 9 of section 835 of the executive law, as amended by
10 chapter 602 of the laws of 2008, is amended to read as follows:
11 9. "Qualified agencies" means courts in the unified court system, the
12 administrative board of the judicial conference, probation departments,
13 sheriffs' offices, district attorneys' offices, the state department of
14 correctional services, the state division of probation, the department
15 of correction of any municipality, the insurance frauds bureau of the
16 state department of insurance, the office of professional medical
17 conduct of the state department of health for the purposes of section
18 two hundred thirty of the public health law, the child protective
19 services unit of a local social services district when conducting an
20 investigation pursuant to subdivision six of section four hundred twen-
21 ty-four of the social services law, the office of Medicaid inspector
22 general, the [temporary state] commission [of investigation] on official
23 conduct, the criminal investigations bureau of the banking department,
24 police forces and departments having responsibility for enforcement of
25 the general criminal laws of the state and the Onondaga County Center
26 for Forensic Sciences Laboratory when acting within the scope of its law
27 enforcement duties.
28 § 36. Subdivision 8 of section 92 of the public officers law, as
29 amended by chapter 336 of the laws of 1992, is amended to read as
30 follows:
31 (8) Public safety agency record. The term "public safety agency
32 record" means a record of the commission of correction, the [temporary
33 state] commission [of investigation] on official conduct, the department
34 of correctional services, the division for youth, the division of
35 parole, the crime victims board, the division of probation and correc-
36 tional alternatives or the division of state police or of any agency or
37 component thereof whose primary function is the enforcement of civil or
38 criminal statutes if such record pertains to investigation, law enforce-
39 ment, confinement of persons in correctional facilities or supervision
40 of persons pursuant to criminal conviction or court order, and any
41 records maintained by the division of criminal justice services pursuant
42 to sections eight hundred thirty-seven, eight hundred thirty-seven-a,
43 eight hundred thirty-seven-b, eight hundred thirty-seven-c, eight
44 hundred thirty-eight, eight hundred thirty-nine, eight hundred forty-
45 five, and eight hundred forty-five-a of the executive law and by the
46 department of state pursuant to section ninety-nine of the executive
47 law.
48 § 37. Chapter 989 of the laws of 1958, creating a temporary state
49 commission of investigation, is REPEALED.
50 § 38. This act shall take effect on the first of January next succeed-
51 ing the date on which it shall have become a law, provided that sections
52 six through twenty-three and sections twenty-five through thirty-seven
53 of this act shall take effect on the first of April next succeeding the
54 date on which it shall have become a law.
