Removes certain requirements regarding investigations of JCOPE; modifies the 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.
STATE OF NEW YORK
________________________________________________________________________
8238
2021-2022 Regular Sessions
IN ASSEMBLY
August 25, 2021
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Governmental Operations
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11936-01-1
A. 8238 2
1 gation; the letter also shall set forth the sections of law alleged to
2 have been violated and provide the person with a fifteen day period in
3 which to submit a written response, including any evidence, statements,
4 and proposed witnesses, setting forth information relating to the activ-
5 ities cited as a possible or alleged violation of law. The commission
6 shall, within sixty calendar days after a complaint or a referral is
7 received or an investigation is initiated on the commission's own initi-
8 ative, vote on whether to commence a full investigation of the matter
9 under consideration to determine whether a substantial basis exists to
10 conclude that a violation of law has occurred. The staff of the joint
11 commission shall provide to the members prior to such vote information
12 regarding the likely scope and content of the investigation, and a
13 subpoena plan, to the extent such information is available. Such inves-
14 tigation shall be conducted if at least eight members of the commission
15 vote to authorize it. [Where the subject of such investigation is a
16 member of the legislature or a legislative employee or a candidate for
17 member of the legislature, at least two of the eight or more members who
18 so vote to authorize such an investigation must have been appointed by a
19 legislative leader or leaders from the major political party in which
20 the subject of the proposed investigation is enrolled if such person is
21 enrolled in a major political party. Where the subject of such investi-
22 gation is a state officer or state employee, at least two of the eight
23 or more members who so vote to authorize such an investigation must have
24 been appointed by the governor and lieutenant governor. Where the
25 subject of such investigation is a statewide elected official or a
26 direct appointee of such an official, at least two of the eight or more
27 members who so vote to authorize such an investigation must have been
28 appointed by the governor and lieutenant governor and be enrolled in the
29 major political party in which the subject of the proposed investigation
30 is enrolled, if such person is enrolled in a major political party.]
31 The joint commission on public ethics shall have jurisdiction to
32 investigate, but shall have no jurisdiction to impose penalties upon
33 members of or candidates for member of the legislature or legislative
34 employees for any violation of the public officers law. If, after its
35 substantial basis investigation, by a vote of at least eight members,
36 [two of whom are enrolled members of the investigated individual's poli-
37 tical party if the individual is enrolled in a major political party and
38 were appointed by a legislative leader of such political party,] the
39 joint commission on public ethics has found a substantial basis to
40 conclude that a member of the legislature or a legislative employee or
41 candidate for member of the legislature has violated any provisions of
42 such laws, it shall present a written report to the legislative ethics
43 commission, and deliver a copy of the report to the individual who is
44 the subject of the report. Such written report shall include:
45 14-b. With respect to the investigation of any individual who is not a
46 member of the legislature or a legislative employee or candidate for
47 member of the legislature, if after its investigation the joint commis-
48 sion has found a substantial basis to conclude that the individual has
49 violated the public officers law or the legislative law, the joint
50 commission shall send a substantial basis investigation report contain-
51 ing its findings of fact and conclusions of law to the individual. [With
52 respect to an individual who is a statewide elected official or a direct
53 appointee of such an official, no violation may be found unless the
54 majority voting in support of such a finding includes at least two
55 members appointed by the governor and lieutenant governor and enrolled
56 in the individual's major political party, if he or she is enrolled in a
A. 8238 3
1 major political party. Where the subject of such investigation is a
2 state officer or employee who is not a direct appointee of a statewide
3 elected official, at least two of the eight or more members who vote to
4 issue a substantial basis investigation report must have been appointed
5 by the governor and lieutenant governor.] The commission shall release
6 such report publicly within forty-five days of its issuance.
7 § 2. Paragraph (a) of subdivision 9 of section 94 of the executive
8 law, as amended by section 6 of part A of chapter 399 of the laws of
9 2011, is amended to read as follows:
10 (a) Appoint an executive director who shall act in accordance with the
11 policies of the commission. The appointment and removal of the executive
12 director shall be made solely by a vote of a majority of the commis-
13 sion[, which majority shall include at least one member appointed by the
14 governor from each of the two major political parties, and one member
15 appointed by a legislative leader from each of the two major political
16 parties]. The commission may delegate authority to the executive direc-
17 tor to act in the name of the commission between meetings of the commis-
18 sion provided such delegation is in writing, the specific powers to be
19 delegated are enumerated, and the commission shall not delegate any
20 decisions specified in this section that require a vote of the commis-
21 sion. The executive director shall be appointed without regard to poli-
22 tical affiliation and solely on the basis of fitness to perform the
23 duties assigned by this article, and shall be a qualified, independent
24 professional. The commission may remove the executive director for
25 neglect of duty, misconduct in office, violation of the confidentiality
26 restrictions in subdivision nine-a of this section, or inability or
27 failure to discharge the powers or duties of office, including the fail-
28 ure to follow the lawful instructions of the commission;
29 § 3. The opening paragraph of subdivision 2 of section 94 of the exec-
30 utive law, as amended by section 6 of part A of chapter 399 of the laws
31 of 2011, is amended to read as follows:
32 The members of the commission shall be appointed as follows: three
33 members shall be appointed by the temporary president of the senate,
34 three members shall be appointed by the speaker of the assembly, one
35 member shall be appointed by the minority leader of the senate, one
36 member shall be appointed by the minority leader of the assembly, and
37 six members shall be appointed by the governor and the lieutenant gover-
38 nor. [In the event that a vacancy arises with respect to a member of the
39 commission first appointed pursuant to the chapter of the laws of two
40 thousand eleven which amended this subdivision by a legislative leader,
41 the legislative leaders of the same political party in the same house
42 shall appoint a member to fill such vacancy irrespective of whether that
43 legislative leader's political party is in the majority or minority.] Of
44 the members appointed by the governor and the lieutenant governor, at
45 least three members shall be and shall have been for at least three
46 years enrolled members of the major political party in which the gover-
47 nor is not enrolled. In the event of a vacancy in a position previously
48 appointed by the governor and lieutenant governor, the governor and
49 lieutenant governor shall appoint a member of the same political party
50 as the member that vacated that position. Prior to making their respec-
51 tive appointments, the governor and the lieutenant governor and the
52 legislative leaders shall solicit and receive recommendations for
53 appointees from the attorney general and the comptroller of the state of
54 New York, which recommendations shall be fully and properly considered
55 but shall not be binding.
56 § 4. This act shall take effect immediately.
