Provides for increased independence of the office of state inspector general; requires annual reports to the legislature on the activities of the office.
STATE OF NEW YORK
________________________________________________________________________
5612
2023-2024 Regular Sessions
IN ASSEMBLY
March 17, 2023
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the office of state
inspector general
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 52 of the executive law,
2 as added by chapter 766 of the laws of 2005, are amended to read as
3 follows:
4 1. There is hereby established the office of the state inspector
5 general in the executive department. The head of the office shall be the
6 state inspector general who shall be appointed by the governor and
7 confirmed by the state senate. The state inspector general shall have at
8 least five years of demonstrated experience or expertise in accounting,
9 public administration, or audit investigations as a certified public
10 accountant or a certified internal auditor, and shall not have worked
11 for any covered agency in the last five years.
12 2. The state inspector general shall hold office [until the end of the
13 term of the governor by whom he or she was appointed and until his or
14 her successor is appointed and has qualified] for six years.
15 3. The state inspector general shall report to the secretary to the
16 governor and the legislature. It shall be the duty and responsibility of
17 the state inspector general to keep the secretary to the governor and
18 the legislature fully and currently informed by means of reports
19 required by section fifty-three of this article and otherwise, concern-
20 ing corruption, fraud, criminal activity, conflicts of interest or
21 abuse, to recommend corrective action concerning such problems, abuses,
22 and deficiencies, and to report on the progress made in implementing
23 such corrective action.
24 § 2. Subdivision 4 of section 53 of the executive law, as added by
25 chapter 766 of the laws of 2005, is amended, subdivisions 5, 6 and 7 are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04755-01-3
A. 5612 2
1 renumbered subdivisions 6, 7 and 8, and two new subdivisions 5 and 9 are
2 added to read as follows:
3 4. prepare and release to the legislature and the public written
4 reports of such investigations, as appropriate and to the extent permit-
5 ted by law, subject to redaction to protect the confidentiality of
6 witnesses. The release of all or portions of such reports may be
7 deferred to protect the confidentiality of ongoing investigations;
8 5. report immediately to the secretary of the governor whenever the
9 state inspector general becomes aware of particularly serious or
10 flagrant cases of corruption, fraud, criminal activity, conflicts of
11 interest or abuse. The secretary to the governor shall transmit any
12 such report to the appropriate committees of the legislature within
13 seven calendar days, together with a report by the secretary to the
14 governor containing any comments such head deems appropriate;
15 9. (a) provide an annual report no later than December thirty-first to
16 the legislature summarizing the activities of the office over the last
17 year, including:
18 (i) a description of significant cases of corruption, fraud, criminal
19 activity, conflicts of interest or abuse within covered agencies
20 disclosed by such activities during the reporting period;
21 (ii) a description of the recommendations for corrective action made
22 by the office during the reporting period with respect to significant
23 cases of corruption, fraud, criminal activity, conflicts of interest or
24 abuse identified pursuant to this paragraph;
25 (iii) an identification of each significant recommendation described
26 in previous annual reports on which corrective action has not been
27 completed;
28 (iv) a summary of matters referred to prosecutive authorities and the
29 prosecutions and convictions which have resulted;
30 (v) a report on each investigation conducted by the office involving a
31 senior government employee where allegations of misconduct were substan-
32 tiated, including the name of the senior government official, as defined
33 by the department or agency, if already made public by the office, and a
34 detailed description of:
35 (1) the facts and circumstances of the investigation; and
36 (2) the status and disposition of the matter, including:
37 (A) if the matter was referred to the local, state, or federal prose-
38 cutors, the date of the referral; and
39 (B) if the agency declined the referral, the date of the declination;
40 (vi) a detailed description of any instance of whistleblower retali-
41 ation, including information about the official found to have engaged in
42 retaliation; and what, if any, consequences the establishment actually
43 imposed to hold the official accountable;
44 (vii) a detailed description of any attempt by covered agencies to
45 interfere with the independence of the office, including incidents where
46 the agency has resisted or objected to oversight activities of the
47 office or restricted or significantly delayed access to information,
48 including the justification of the agency for such action;
49 (b) these reports must be made available to the public with necessary
50 redactions within thirty days of their delivery to the legislature.
51 § 3. This act shall take effect on the first of January next succeed-
52 ing the date on which it shall have become a law.
