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History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to referrals by the state inspector general to the attorney general for investigations of state officers and employees of the executive chamber or upon a determination of a conflict of interest
Purpose
To provide for an independent avenue of review in instances where the State Inspector General is referred an allegation of corruption, fraud, criminal activity, conflict of interest or abuse concerning state officers or employees of the Executive Chamber and to prevent any appearance of a direct conflict of interest between the State Inspector General and the Office of the Governor by providing for a referral to the Attorney General in any investigation in which a conflict of interest is determined to exist.
Summary of provisions
The bill adds a new section 56 to the Executive law to provide that in cases where an alleged incident of corruption, fraud, criminal activity, conflict of interest or abuse relates to an employee of the executive chamber involving his or her employment or business dealings, the State Inspector General shall refer the matter to the Attorney General who shall commence a review of the alleged impropriety. In any investigation in which a conflict of interest appears, the State Inspector General likewise shall refer the matter to the Attorney General. The Attorney General would be granted duties and powers similar to those granted to the State Inspector General with regard to such investigations. Specifically, the Attorney General would be able to subpoena and enforce the attendance of witnesses; administer oaths or affirmations and examine witnesses under oath; require the production of books and papers deemed relevant or material to any investigation, examination or review, examine documents and records prepared, maintained or held by the executive chamber; require any member of the executive chamber to answer questions concerning any matter related to the performance of his official duties; monitor the implementation by the Executive of any recommendations made by the Attorney General and perform any other functions that are necessary or appropriate to fulfill the duties and responsibilities of office. The Attorney General would also be responsible for determining whether disciplinary action, civil or criminal prosecution, or further investigation by a federal, state or local agency is warranted, and to assist in any such investigation. He is charged with the preparation and appropriate public release of the investigative report except when confidentiality is require to protect and ongoing investigation and to recommend remedial action to prevent or eliminate corruption, fraud, criminal activity, conflicts of interest or abuse in the executive chamber; and to prevent or eliminate conflicts of interest in any investigation. The use of statements by an executive chamber employee for a subsequent criminal prosecution would be barred other than for perjury or contempt arising out of such testimony. Employees who refuse to testify would be subject to removal from employment or other appropriate penalty.
Read the full memo (847 words)
Justification
This bill is necessary to remedy an inherent conflict of interest which occurs when an allegation of corruption, fraud, criminal activity, conflicts of interest or abuse is received by the State Inspector General relating to an employee in the Executive Chamber. Further, this bill recognizes that conflicts of interest may arise from an investigation of a covered agency as the investigation progresses and should likewise be transferred to remove an appearance of impropriety. Executive Law Section 52 provides for the establishment of the State Inspector General within the Executive Department This section authorizes the Governor to hire and set the salary of the State Inspector General whose term is contemporaneous with that of the Governor. Additionally, the State Inspector General is required to report to the Secretary to the Governor. This current statutory scheme may work well in most instances, however there is an inherent conflict of interest when a report of corruption, fraud, criminal activity, conflicts of interest or abuse involves an employee of the Executive Chamber. This conflict is trouble- some in that the State Inspector General must report his or her findings to the Secretary to the Governor, who typically craft directions and sets the tone for day to day operations of the Executive Chamber. While an investigation may begin with no apparent conflict, one may arise as employees within the Executive Chamber become involved in the investigation, possibly even as subjects of investigation themselves. A conflict of interest rises to an even more egregious level when the alleged matter of investigation directly involves the conduct of the Secretary to the Governor. Requiring in these instances-- where an employee is the subject of the investigation, or becomes a part of the investigation-- that the State Inspector General transfers the review to the State Attorney general will insure that an in-depth report and impartial review will be conducted.
Legislative history
2007: S.6453 - Investigations and Government Operations 2008: S.6453 - Committed to Rules
Fiscal implications
None. Shifting of investigation costs from the State Inspector General's Office to the State Attorney General's Office.
Local 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.