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S06584 Summary:

S06584 Actions:

S06584 Floor Votes:

S06584 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6584
 
                    IN SENATE
 
                                      March 1, 2012
                                       ___________
 
        Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        AN ACT to amend the public officers law, in relation  to  activities  by
          former state officers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Paragraph (b) of subdivision 8 of section 73 of the  public
     2  officers  law, as amended by chapter 574 of the laws of 2011, is amended
     3  to read as follows:
     4    (b) (i) The provisions of subparagraph (i) of paragraph  (a)  of  this
     5  subdivision  shall  not  apply  to  any  state officer or employee whose
     6  employment was terminated on or after January  first,  nineteen  hundred
     7  ninety-five  and  before April first, nineteen hundred ninety-nine or on
     8  or after January first, two thousand nine and before  April  first,  two
     9  thousand  [twelve]  fourteen because of economy, consolidation or aboli-
    10  tion of functions, curtailment of activities or other reduction  in  the
    11  state  work  force. On or before the date of such termination of employ-
    12  ment, the state agency shall provide to the terminated employee a  writ-

    13  ten certification that the employee has been terminated because of econ-
    14  omy,  consolidation or abolition of functions, curtailment of activities
    15  or other reduction in the state work force, and that  such  employee  is
    16  covered  by  the provisions of this paragraph. The written certification
    17  shall also contain a notice describing the rights  and  responsibilities
    18  of  the employee pursuant to the provisions of this section. The certif-
    19  ication and notice shall contain the information and  shall  be  in  the
    20  form set forth below:
    21                          CERTIFICATION AND NOTICE
 
    22  TO:  Employee's Name:   ____________________________
    23       State agency:     ____________________________
    24       Date of Termination: ____________________________
 
    25    I, (name and title) of (state agency), hereby certify that your termi-

    26  nation from State service is because of economy, consolidation or aboli-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14105-01-2
        S. 6584                             2
 
     1  tion  of  functions, curtailment of activities or other reduction in the
     2  State work force. Therefore, you are covered by the provisions of  para-
     3  graph  (b)  of  subdivision eight of section seventy-three of the Public
     4  Officers Law.
     5    You were designated as a policy maker: YES ____ NO ____
 
     6                                             ______________
     7                                                (TITLE)
     8  TO THE EMPLOYEE:
     9    This  certification affects your right to engage in certain activities

    10  after you leave state service.
    11    Ordinarily, employees who leave State service may not, for two  years,
    12  appear  or  practice  before their former agency or receive compensation
    13  for rendering services on a matter before their former agency.  However,
    14  because of this certification, you may be exempt from this restriction.
    15    If  you  were  not designated as a Policymaker by your agency, you are
    16  automatically exempt. You may, upon leaving State  service,  immediately
    17  appear,  practice  or  receive compensation for services rendered before
    18  your former agency.
    19    If you were designated as a Policymaker by your agency, you are eligi-
    20  ble to apply for an exemption to the Commission on Public  Integrity  at
    21  540 Broadway, Albany, New York 12207.
    22    Even  if  you are or become exempt from the two year bar, the lifetime

    23  bar of the revolving door statute will continue to apply to you. You may
    24  not appear, practice, communicate or otherwise  render  services  before
    25  any  State  agency  in  relation to any case, proceeding, application or
    26  transaction with respect to which you were  directly  concerned  and  in
    27  which  you  personally  participated during your State service, or which
    28  was under your active consideration.
    29    If you have any questions about the application of the post-employment
    30  restrictions to your circumstances, you may contact  the  Commission  on
    31  Public Integrity at (518) 408-3976 or 1-800-87ETHIC (1-800-873-8442).
    32    (ii)  The  provisions  of subparagraph (i) of this paragraph shall not
    33  apply to any such officer or employee who at the time  of  or  prior  to
    34  such  termination had served in a policymaking position as determined by

    35  the appointing authority, which determination had been  filed  with  the
    36  state  ethics commission or the commission on public integrity, provided
    37  that such officer or employee may so appear or practice or receive  such
    38  compensation  with  the prior approval of the state ethics commission or
    39  the commission on public integrity. In determining whether to grant such
    40  approval the state ethics commission or the commission on public  integ-
    41  rity shall consider:
    42    A.  whether the employee's prior job duties involved substantial deci-
    43  sion-making authority over policies, rule or contracts;
    44    B. the nature of the duties to be performed by the  employee  for  the
    45  prospective employer;
    46    C. whether the prospective employment is likely to involve substantial
    47  contact  with  the  employee's former agency and the extent to which any

    48  such contact is likely to involve  matters  where  the  agency  has  the
    49  discretion to make decisions based on the work product of the employee;
    50    D.  whether  the prospective employment may be beneficial to the state
    51  or the public; and
    52    E. the extent of economic hardship to the employee if the  application
    53  is denied.
    54    §  2.  This  act  shall take effect immediately and shall be deemed to
    55  have been in full force and effect on or after April 1, 2012.