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Sponsors
4 Multi-sponsors
History
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes procedure for the issuance of a subpoena duces tecum by a state officer in an investigation of a state employee, when issued to other than employee
In Senate Committee · Investigations And Government Operations · Sponsor Eric Adams
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A9092
Title of bill
An act to amend the public officers law, in relation to investigation of state officers and employees
Purpose or general idea
Requires that a sate officer who is conducting an investigation of a state employee shall either obtain a court order or give the employee at least seven days notice of subpoena duces tecum requiring the production of documents related to the employee.
Summary of provisions
Amends section 61 of the public officer's law to require law to require that a state who is conducting an investigation of a state employee shall either obtain a court order or give the employee at least seven days notice of a subpoena duces tecum requiring the production of documents related to the employee.
Existing law
Public Officers law section 61 authorizes a state officer who is conducting an investigation to issue a subpoena requiring the production of documents. However, when the investigation involves a specific state employee, this broad subpoena power can lead to an unwar- ranted invasion of privacy when the documents subpoenaed include personal records such as personal phone bills or bank accounts. Under current law, the employee who is the subject of such an investigation is not even given notice that his or her personal records have been disclosed. This bill would add due process without unduly limiting the ability to conduct an investigation. It does so by requiring that a state officer who issues a subpoena in notice. The notice gives an employee time to object if he or she feels the subpoena is unjustified and invades privacy. In cases where the notice is not feasible the offi- cer has the option to obtain a court order by showing a judge sufficient reason why it is warranted.
Justification
Public Officers Law Section 61 authorizes a State officer who is conducting an investigation to issue a subpoena requiring the production of documents. However, when the investigation involves a specific State employee, this broad subpoena power can lead to an unwar- ranted invasion of privacy when the documents subpoenaed include personal records such as personal phone bills or bank accounts. Under current law, the employee who is the subject of such investigation is not even given notice that his or her personal records have been disclosed. This bill would add due process without unduly limiting the ability to conduct an investigation. It does so by requiring that a State officer who issues a subpoena in the investigation of an employee either obtain a court order or give the employee at least seven days notice. The notice gives an employee time to object if he or she feels the subpoena is unjustified and invades privacy. In cases where the notice is not feasible the officer has the option to obtain a court order by showing a judge sufficient reason why it is warranted.
Legislative history
New Bill
Fiscal implications
None
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.