Modifies the composition of the voting majority upon the appointment and 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.
STATE OF NEW YORK
________________________________________________________________________
6261
2021-2022 Regular Sessions
IN SENATE
April 19, 2021
___________
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when
printed to be committed to the Committee on Ethics and Internal Gover-
nance
AN ACT to amend the executive law, in relation to modifying the composi-
tion of the voting majority upon the appointment and removal of the
executive director of 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 9 of section 94 of the execu-
2 tive law, as amended by section 6 of part A of chapter 399 of the laws
3 of 2011, is amended to read as follows:
4 (a) Appoint an executive director who shall act in accordance with the
5 policies of the commission. The appointment and removal of the executive
6 director shall be made solely by a vote of a majority of the commis-
7 sion[, which majority shall include at least one member appointed by the
8 governor from each of the two major political parties, and one member
9 appointed by a legislative leader from each of the two major political
10 parties]. The commission may delegate authority to the executive direc-
11 tor to act in the name of the commission between meetings of the commis-
12 sion provided such delegation is in writing, the specific powers to be
13 delegated are enumerated, and the commission shall not delegate any
14 decisions specified in this section that require a vote of the commis-
15 sion. The executive director shall be appointed without regard to poli-
16 tical affiliation and solely on the basis of fitness to perform the
17 duties assigned by this article, and shall be a qualified, independent
18 professional. The commission may remove the executive director for
19 neglect of duty, misconduct in office, violation of the confidentiality
20 restrictions in subdivision nine-a of this section, or inability or
21 failure to discharge the powers or duties of office, including the fail-
22 ure to follow the lawful instructions of the commission;
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10910-01-1