NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6611
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the executive law, in relation to the joint commission
on public ethics
PURPOSE OR GENERAL IDEA OF BILL:
To remove the requirement that legislators, state employees, and state-
wide officials cannot be found guilty of ethical violations by JCOPE
without the votes of at least two members of his/her own political
party.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 94 the executive law to remove the requirements
that, in order to initiate ethical investigations or issue findings
suggesting ethical violations occurred, two members of JCOPE voting in
favor of the action must also be members of the suspected individual's
own political party.
Section two sets the effective date.
JUSTIFICATION:
Ethical violations are non-partisan in nature. A violation of ethical
obligations should be equally punishable, regardless of which political
party the violator is a member of. However, current New York State law
does not treat ethical violations as non-partisan, but includes
provisions allowing public employees to avoid responsibility for ethical
violations based upon their political party membership. As it is
currently written, New York State law does not allow the Joint Commis-
sion on Public Ethics(JCOPE) to launch an investigation, or issue
reports finding certain public employees guilty of ethical misconduct
without the supporting votes of two members of the suspected individ-
ual's own political party.
This provision creates an unnecessary roadblock to upholding ethical
conduct among public employees by giving partisans an opportunity to
protect members of their party. The provision not only creates an obsta-
cle to issuing formal findings of ethical violations, but also creates
an obstacle to initiating any ethical investigations. This bill removes
the requirement that, in order to initiate ethical investigations or
issue findings suggesting ethical violations occurred, two members of
the ethics commission voting in favor of the action must also be members
of the suspected individual's own political party. After this bill is
enacted, the vote of any eight members of the commission will be suffi-
cient to initiate an ethics investigation and also to issue a report
suggesting ethical violations occurred.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6611
2021-2022 Regular Sessions
IN ASSEMBLY
March 19, 2021
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Governmental Operations
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
24 which to submit a written response, including any evidence, statements,
25 and proposed witnesses, setting forth information relating to the activ-
26 ities cited as a possible or alleged violation of law. The commission
27 shall, within sixty calendar days after a complaint or a referral is
28 received or an investigation is initiated on the commission's own initi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03009-03-1
A. 6611 2
1 ative, vote on whether to commence a full investigation of the matter
2 under consideration to determine whether a substantial basis exists to
3 conclude that a violation of law has occurred. The staff of the joint
4 commission shall provide to the members prior to such vote information
5 regarding the likely scope and content of the investigation, and a
6 subpoena plan, to the extent such information is available. Such inves-
7 tigation shall be conducted if at least eight members of the commission
8 vote to authorize it. [Where the subject of such investigation is a
9 member of the legislature or a legislative employee or a candidate for
10 member of the legislature, at least two of the eight or more members who
11 so vote to authorize such an investigation must have been appointed by a
12 legislative leader or leaders from the major political party in which
13 the subject of the proposed investigation is enrolled if such person is
14 enrolled in a major political party. Where the subject of such investi-
15 gation is a state officer or state employee, at least two of the eight
16 or more members who so vote to authorize such an investigation must have
17 been appointed by the governor and lieutenant governor. Where the
18 subject of such investigation is a statewide elected official or a
19 direct appointee of such an official, at least two of the eight or more
20 members who so vote to authorize such an investigation must have been
21 appointed by the governor and lieutenant governor and be enrolled in the
22 major political party in which the subject of the proposed investigation
23 is enrolled, if such person is enrolled in a major political party].
24 The joint commission on public ethics shall have jurisdiction to
25 investigate, but shall have no jurisdiction to impose penalties upon
26 members of or candidates for member of the legislature or legislative
27 employees for any violation of the public officers law. If, after its
28 substantial basis investigation, by a vote of at least eight members,
29 [two of whom are enrolled members of the investigated individual's poli-
30 tical party if the individual is enrolled in a major political party and
31 were appointed by a legislative leader of such political party,] the
32 joint commission on public ethics has found a substantial basis to
33 conclude that a member of the legislature or a legislative employee or
34 candidate for member of the legislature has violated any provisions of
35 such laws, it shall present a written report to the legislative ethics
36 commission, and deliver a copy of the report to the individual who is
37 the subject of the report. Such written report shall include:
38 14-b. With respect to the investigation of any individual who is not a
39 member of the legislature or a legislative employee or candidate for
40 member of the legislature, if after its investigation the joint commis-
41 sion has found a substantial basis to conclude that the individual has
42 violated the public officers law or the legislative law, the joint
43 commission shall send a substantial basis investigation report contain-
44 ing its findings of fact and conclusions of law to the individual. [With
45 respect to an individual who is a statewide elected official or a direct
46 appointee of such an official, no violation may be found unless the
47 majority voting in support of such a finding includes at least two
48 members appointed by the governor and lieutenant governor and enrolled
49 in the individual's major political party, if he or she is enrolled in a
50 major political party. Where the subject of such investigation is a
51 state officer or employee who is not a direct appointee of a statewide
52 elected official, at least two of the eight or more members who vote to
53 issue a substantial basis investigation report must have been appointed
54 by the governor and lieutenant governor.] The commission shall release
55 such report publicly within forty-five days of its issuance.
56 § 2. This act shall take effect immediately.
