STATE OF NEW YORK
________________________________________________________________________
2783--A
2013-2014 Regular Sessions
IN SENATE
January 23, 2013
___________
Introduced by Sens. PARKER, ADAMS, AVELLA, DILAN, HASSELL-THOMPSON,
SAMPSON -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to establishing the
office of the law enforcement inspector general; and making an appro-
priation therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new article 11-A
2 to read as follows:
3 ARTICLE 11-A
4 OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
5 Section 232. Definitions.
6 233. Establishment and organization.
7 234. Jurisdiction.
8 235. Powers and duties.
9 236. Annual reports.
10 237. Disclosure of information.
11 § 232. Definitions. For purposes of this article, the following terms
12 shall have the following meanings:
13 1. "Inspector" shall mean the law enforcement inspector general
14 created by this article.
15 2. "Intelligence operations" shall mean the variety of intelligence
16 and counterintelligence tasks that are carried out by law enforcement
17 and intelligence agencies, which shall include but not be limited to
18 analysis and production; collection; dissemination and integration;
19 evaluation and feedback; planning and direction; and processing and
20 exploitation of information collected from targeted individuals or
21 groups.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02793-03-3
S. 2783--A 2
1 3. "Intelligence agencies" shall mean any government agencies respon-
2 sible for the collection, analysis or exploitation of information and
3 intelligence in support of law enforcement, national security, defense
4 and homeland security objectives.
5 4. "Law enforcement agencies" shall mean any organizational units, or
6 subunits, of the federal, state, county or municipal government with the
7 principle functions of prevention, detection, and investigation of crime
8 and the apprehension of alleged offenders.
9 § 233. Establishment and organization. 1. There is hereby established
10 the office of the law enforcement inspector general in the executive
11 department. The head of the office shall be the inspector who shall be
12 appointed by the governor, by and with the advise and consent of the
13 senate.
14 2. The inspector shall hold office for a term of five years.
15 3. The inspector shall report directly to the governor.
16 4. Such person appointed as inspector shall, upon his or her appoint-
17 ment, have not less than ten years professional experience in areas of
18 law enforcement and law enforcement training, provided the experience
19 involves expertise in intelligence operations.
20 5. Such person appointed as inspector shall be subject to a security
21 clearance investigation by a federal government agency authorized to
22 perform such investigations.
23 6. The salary of the inspector shall not exceed the salary of certain
24 state officers as defined in section one hundred sixty-nine of this
25 chapter.
26 § 234. Jurisdiction. This article shall, subject to the limitations
27 contained herein, confer upon the office of the law enforcement inspec-
28 tor general jurisdiction over all covered agencies. For the purposes of
29 this article "covered agency" shall include all state and local govern-
30 ment law enforcement and intelligence agencies, including the division
31 of homeland security and emergency services, engaged in intelligence
32 operations.
33 § 235. Powers and duties. 1. General. (a) The inspector shall make
34 any investigation of the covered agencies directed by the governor, or
35 the senate and the assembly acting by joint resolution.
36 (b) The inspector is authorized and empowered to make any study or
37 investigation of the covered agencies that in his or her opinion may be
38 in the best interests of the state, including but not limited to inves-
39 tigations of the affairs, functions, accounts, methods, personnel or
40 efficiency of any covered agency, or whether such covered agency or
41 agencies are acting in compliance with all applicable federal, state or
42 local laws, regulations or rules, or local ordinances.
43 (c) For any investigation made pursuant to this section, the inspector
44 shall prepare a written report or statement of findings and shall
45 forward a copy of such report or statement to the requesting party, if
46 any. In the event that the matter investigated involves or may involve
47 allegations of criminal conduct, or conduct that violates any or all
48 applicable federal, state or local laws, regulations, rules or local
49 ordinances, the inspector, upon completion of the investigation, shall
50 also forward a copy of his or her written report or statement of find-
51 ings to the governor, and to the attorney general of New York state or
52 appropriate prosecuting attorney, or, in the event the matter investi-
53 gated involves or may involve a conflict of interest or unethical
54 conduct, as such are defined in the public officers law and all applica-
55 ble local municipal codes of ethics, to the board of ethics of the
56 appropriate political entity or subdivision.
S. 2783--A 3
1 (d) The jurisdiction of the inspector shall extend to any covered
2 agency, officer, or employee of such agencies, or any person or entity
3 doing business with such agencies, or any person or entity who is paid
4 or receives money from or through the covered agencies.
5 (e) The inspector may appoint three deputies, either of whom may,
6 subject to the direction of the inspector, conduct or preside at any
7 investigations authorized by this chapter. The inspector may also
8 appoint such directors, assistants and other officers and employees as
9 may be needed for the performance of his or her duties and may prescribe
10 their duties and fix their compensation with the amounts appropriated
11 therefor.
12 2. Investigations. (a)(i) For the purpose of ascertaining facts in
13 connection with any study or investigation authorized by this chapter,
14 the inspector and each deputy shall have full power to compel the
15 attendance of witnesses, including but not limited to the power to issue
16 subpoenas and subpoenas duces tecum, to administer oaths and to examine
17 such persons as he or she may deem necessary.
18 (ii) The inspector shall have the power to require the production of
19 any books and papers deemed relevant or material to any investigation,
20 examination or review.
21 (iii) The inspector shall have the power, notwithstanding any law to
22 the contrary, to examine and copy or remove documents or records of any
23 kind prepared, maintained or held by any covered agency. The removal of
24 such records shall be limited to those circumstances, at the discretion
25 of the inspector, in which a copy thereof is insufficient for an appro-
26 priate legal or investigative purpose, provided in such instances the
27 copying and return of such original, or copy where the original is
28 required for an appropriate legal or investigative purpose, is expedited
29 and such original or copy is readily accessible by the covered agency.
30 (b) The inspector or any agent or employee of the office duly desig-
31 nated in writing by him or her for such purposes may administer oaths or
32 affirmations, examine witnesses in public or private hearing, receive
33 evidence and preside at or conduct any such study or investigation.
34 3. Reports. The inspector shall forward to the governor, and to the
35 temporary president of the senate and speaker of the assembly, the
36 minority leaders of the senate and assembly, the chairs of the senate
37 and assembly standing committees on investigations, the commandant of
38 the state police, the commissioner of the New York police department and
39 the attorney general of New York state, a copy of all reports prepared
40 by the inspector and his or her agents and employees concerning the
41 affairs, functions, accounts, methods, personnel or efficiency of any
42 covered agency, upon issuance by the commissioner.
43 § 236. Annual reports. 1. The inspector shall, no later than March
44 thirty-first of each year submit to the governor and the legislature a
45 report summarizing the activities of the office during the preceding
46 calendar year.
47 2. (a) The inspector shall not publicly disclose information which:
48 (i) is a part of any ongoing criminal investigation;
49 (ii) compromises an intelligence operation;
50 (iii) is specifically prohibited from disclosure by any other
51 provision of law.
52 (b) Notwithstanding paragraph (a) of this subdivision, any report
53 under this section shall be made available to the public in a form which
54 includes information with respect to a part of an ongoing criminal
55 investigation only if such information has been included in a public
56 record.
S. 2783--A 4
1 § 237. Disclosure of information. The inspector shall not disclose
2 information which is prohibited from disclosure by any other provision
3 of law.
4 § 2. The sum of ten million dollars ($10,000,000), or so much thereof
5 as may be necessary, is hereby appropriated to the office of the law
6 enforcement inspector general out of any moneys in the state treasury in
7 the general fund to the credit of the state purposes account, not other-
8 wise appropriated, and made immediately available, for the purpose of
9 carrying out the provisions of this act. Such moneys shall be payable on
10 the audit and warrant of the comptroller on vouchers certified or
11 approved by the comptroller in the manner prescribed by law.
12 § 3. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law; provided, however, that effective immediate-
14 ly, the addition, amendment and/or repeal of any rule or regulation
15 necessary for the implementation of this act on its effective date are
16 authorized and directed to be made and completed on or before such
17 effective date.
