Imposes a penalty for obstruction of a commission investigation

1 Co-sponsor

• Liz Krueger

Title of bill

An act to amend the executive law, in relation to imposing a penalty for obstruction of a commission investigation

Purpose of the bill

To amend Executive Law § 94 to authorize the Commission on Public Integrity ("Commission") to impose a penalty of up to $10,000 against any individual or entity acting with intent to obstruct a Commission investigation.

Summary of provisions

Section one amends paragraphs (a) and (b) of Executive Law §94(12) to make certain technical changes to the law.

Section two re-letters the former paragraph (c) of Executive Law.

§94(12) as paragraph (d), and adds a new paragraph (c), establishing a procedure by which the Commission would pursue any individual or entity acting with intent to obstruct a Commission investigation.

Section three amends Executive Law §94( 13) authorizing the imposition of penalty of up to $10,000 against any individual or entity acting with intent to obstruct a Commission investigation.

Section four of the proposal amends paragraph (d) of Executive Law

§94(16) to authorize the Commission to impose a civil penalty of up to $10,000 against any individual or entity acting with intent to obstruct a Commission investigation.

Section five provides for an immediate effective date.

Existing law

Executive Law §94(16)(d) authorizes the Commission to conduct any investigation necessary to carry out its statutory responsibilities. Pursuant to this power. the Commission may administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production of any books or records which it may deem relevant or material.

Prior legislative history

This is a new proposal.

Statement in support

As the Commission reported in its INVESTIGATION INTO THE ALLEGED MISUSE OF RESOURCES OF THE DIVISION OF STATE POLICE , the Executive Chamber"...substantially delayed the Commission's investigation" when, over a ten month period, it routinely produced documents on a piecemeal basis, after claiming that it had complied with the Commission's subpoena. The Commission's experience with the Executive Chamber represents an extreme example of what can occur when individuals within an agency seek to delay or thwart a Commission investigation. While judicial intervention is a remedy in such instances, the ability of the Commission to assess a penalty for acts intended to obstruct a Commission investigation may serve as a significant deterrent to such actions and obviate the need for court action. The procedure for commencing this action requires the Commission to notify the individual or entity in writing of its intent to pursue an obstruction charge and seek the imposition of a civil penalty. This notification, a copy of which will be forwarded to the hearing officer, shall include any information or evidence pertaining to the allegation. The individual or entity may respond to the allegations directly to the hearing officer within five days of the date of notification. Within ten days of the date of notification, the hearing officer must provide a recommendation to the Commission concerning the appropriate penalty to be assessed, if any, with a copy of such recommendation to the individual or entity. The Commission must issue a final determination as soon as is practicable. This procedure affords the individual or entity an opportunity to respond in writing to a neutral third party concerning the obstruction allegation. The Commission is not precluded from referring the matter to a prosecutor or other appropriate authority.

Budget implications

None.

Effective date

This act shall take effect immediately.