STATE OF NEW YORK
________________________________________________________________________
5254--A
2021-2022 Regular Sessions
IN SENATE
February 26, 2021
___________
Introduced by Sen. BIAGGI -- 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 committee
AN ACT to amend the executive law, in relation to 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-
22 gation; the letter also shall set forth the sections of law alleged to
23 have been violated and provide the person with a fifteen day period in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03009-02-1
S. 5254--A 2
1 which to submit a written response, including any evidence, statements,
2 and proposed witnesses, setting forth information relating to the activ-
3 ities cited as a possible or alleged violation of law. The commission
4 shall, within sixty calendar days after a complaint or a referral is
5 received or an investigation is initiated on the commission's own initi-
6 ative, vote on whether to commence a full investigation of the matter
7 under consideration to determine whether a substantial basis exists to
8 conclude that a violation of law has occurred. The staff of the joint
9 commission shall provide to the members prior to such vote information
10 regarding the likely scope and content of the investigation, and a
11 subpoena plan, to the extent such information is available. Such inves-
12 tigation shall be conducted if at least eight members of the commission
13 vote to authorize it. [Where the subject of such investigation is a
14 member of the legislature or a legislative employee or a candidate for
15 member of the legislature, at least two of the eight or more members who
16 so vote to authorize such an investigation must have been appointed by a
17 legislative leader or leaders from the major political party in which
18 the subject of the proposed investigation is enrolled if such person is
19 enrolled in a major political party. Where the subject of such investi-
20 gation is a state officer or state employee, at least two of the eight
21 or more members who so vote to authorize such an investigation must have
22 been appointed by the governor and lieutenant governor. Where the
23 subject of such investigation is a statewide elected official or a
24 direct appointee of such an official, at least two of the eight or more
25 members who so vote to authorize such an investigation must have been
26 appointed by the governor and lieutenant governor and be enrolled in the
27 major political party in which the subject of the proposed investigation
28 is enrolled, if such person is enrolled in a major political party].
29 The joint commission on public ethics shall have jurisdiction to
30 investigate, but shall have no jurisdiction to impose penalties upon
31 members of or candidates for member of the legislature or legislative
32 employees for any violation of the public officers law. If, after its
33 substantial basis investigation, by a vote of at least eight members,
34 [two of whom are enrolled members of the investigated individual's poli-
35 tical party if the individual is enrolled in a major political party and
36 were appointed by a legislative leader of such political party,] the
37 joint commission on public ethics has found a substantial basis to
38 conclude that a member of the legislature or a legislative employee or
39 candidate for member of the legislature has violated any provisions of
40 such laws, it shall present a written report to the legislative ethics
41 commission, and deliver a copy of the report to the individual who is
42 the subject of the report. Such written report shall include:
43 14-b. With respect to the investigation of any individual who is not a
44 member of the legislature or a legislative employee or candidate for
45 member of the legislature, if after its investigation the joint commis-
46 sion has found a substantial basis to conclude that the individual has
47 violated the public officers law or the legislative law, the joint
48 commission shall send a substantial basis investigation report contain-
49 ing its findings of fact and conclusions of law to the individual. [With
50 respect to an individual who is a statewide elected official or a direct
51 appointee of such an official, no violation may be found unless the
52 majority voting in support of such a finding includes at least two
53 members appointed by the governor and lieutenant governor and enrolled
54 in the individual's major political party, if he or she is enrolled in a
55 major political party. Where the subject of such investigation is a
56 state officer or employee who is not a direct appointee of a statewide
S. 5254--A 3
1 elected official, at least two of the eight or more members who vote to
2 issue a substantial basis investigation report must have been appointed
3 by the governor and lieutenant governor.] The commission shall release
4 such report publicly within forty-five days of its issuance.
5 § 2. This act shall take effect immediately.
