Establishes the commission on official conduct to replace commission on public integrity and state inspector general; repealer

Summary of specific provisions

Section 1 establishes title of bill as "commission on official conduct act".

Section 2 provides definitions used: "Commission", "Executive Director", "Covered Agency".

Section 3 establishes Commission on Official Conduct using set up below:

1. one member appointed by chief judge to serve as chair.

2. one member appointed by the justice of the appellate division in first department

3. one member appointed by justice of appellate in second department.

4. one member appointed by justice of appellate division in the third department.

5. one member appointed by the justice of appellate division in the fourth department. Establishes a term for each member, establishes four members as a quorum, members receive no compensation for services, members may be removed by the chief judge of the court of appeals for substantial neglect of duty, after written notice and opportunity to be heard by the Court.

Section 4 defines Executive director and staff term of 6 years and process for filling vacancies. Executive director shall act in accordance with the policies and rules of the commission. Provisions for removal by the commission of the commissioner, staff member and investigators.

Section 5 establishes the powers and duties of the Commission on Official Conduct: fixes the compensation of the executive director, staff members and investigators; provisions of necessary resources and data needed to properly carry out its powers and duties.

Section 6 establishes guidelines for financial disclosures.

Section 7 establishes guidelines for creation and maintenance of commission website.

Section 8 sets guidelines for access to public records.

Section 9 sets responsibilities of covered agencies, state officers and employees. Section 10 deals with confidentiality stipulations.

Section 11 sets description of evidence to be impounded.

Section 12 sets guidelines for immunity from prosecution.

Section 13 sets transfer of functions, powers and duties of former commission, state inspector general, etc.

Section 14 sets transfer of employees of former commission, state inspector general, etc.

Section 15 sets transfer of records of former commission, state inspector general, etc.

Section 16 establishes continuity of authority of former commission, state inspector general, etc.

Section 17 establishes guidelines for completion of unfinished business by the former commission, or office of the state inspector general.

Section 18 establishes continuation of rules and regulations from the former commission, etc.

Section 19 sets terms occurring in laws, contracts and other documents of former commission, etc.

Section 20 sets up preservation of existing rights and remedies.

Section 21 establishes guidelines for pending actions or proceedings.

Section 22 establishes guidelines for transfer of appropriations.

Section 23 sets transfer of assets and liabilities of the former commission, etc.

Section 24 provides permission to assume all powers, duties-and functions of former commission, etc.

Section 25 amends Subdivision 5 of section 107 of the civil service law as amended by chapter 14 of the laws of 2007.

Section 26 repeals Section 94 of the executive law.

Section 27 amends subdivision (f) of section 1-c of the legislative law as amended by chapter 14 of the laws of 2007.

Section 28 amends subdivision 3 of section 212 of the racing, pari-mutual wagering and breeding law as amended by chapter 18 of the laws of 2008.

Section 29 repeals Article 4-A of the executive law.

Section 30 amends Subdivision 3 of section 63 of the executive law as amended by chapter 766 of the laws of 2005.

Section 31 amends Section 2350-dd of the public authorities law, as added by chapter 762 of the laws of 2005.

Section 32 amends subdivision 3 of section 2.10 of the criminal procedure law as added by Chapter 843 of the laws of 1980.

Section 33 repeals subdivision 3 of section 2.10 of the criminal procedure law as added by Chapter 168 of the laws of 2000.

Sections 34, 35 and 36 replace the Commission on Official Conduct for the temporary State Commission on Investigation in various areas of State law.

Section 37 repeals Chapter 989 of the laws of 1958, which created the temporary State Commission on Investigation.

Section 38 sets the effective date of the legislation.

Justification

Until the 2009-2010 New York State budget unfunded the temporary State Commission on Investigation, the State had three agencies that investigated alleged criminal activity and wrongdoing by State employees and private citizens who did business with the State. The State of New York Inspector General's Office, the Commission on Public Integrity and the temporary State Commission on Investigation all did extremely similar work. Currently, the Inspector General's office and the Commission on Public Integrity have the ability to do similar work, although their functions remain different. This legislation would abolish the investigative agencies in New York State and create one umbrella agency that is politically neutral and would exist solely to investigate criminal activity, fraud, waste, abuse and wrongdoing by all State employees and those people doing business with the State. That agency would be known as the Commission on Official Conduct. This legislation defines how the Commission on Official Conduct would be established, operated and appropriated.

Prior legislative history

This is a new bill,

Fiscal implications

The exact cost of operation for the Commission on Official Conduct is not known at this time. However, the cost is estimated to be less than the total current cost of the Commission on Public Integrity, the State Inspector General's Office and the former Temporary Commission on Investigation combined.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law, provided that sections six through twenty-three and sections twenty five through thirty-seven of this act shall take effect on the first of April next succeeding the date on which it shall have become a law,