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A9092Assembly2009-2010 SessionSame asS6077

Requires state officer investigating a subordinate to issue, to such subordinate, a copy of any subpoena duces tecum issued to a party who is not a state employee

Sponsor Karim CamaraAD-43+5 co-sponsors
Status
In Assembly Committee
Governmental Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Governmental Operations

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History

  1. Referred to governmental operations
  2. Referred to governmental operations

Companion bill

Full text

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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.