Relates to post-employement restrictions

Title of bill

An act to amend the public officers law, in relation to post-employment restrictions

Purpose of the bill

To amend Public Officers Law § 73(8-b) to enable State agencies to hire former employees currently under contract or subcontract with the federal government, without violating the post employment restrictions.

Summary of provisions

Section one amends Public Officers Law § 73(8-b) to allow a former State employee under contract or subcontract to the federal government to render services for any State agency, provided the agency head certifies to the Commission on Public Integrity ("Commission") that such individual has the expertise, knowledge or experience with regard to a particular matter that meets the needs of the agency and cannot be obtained at comparable cost.

Section two provides for an immediate effective date.

Existing law

Public Officers Law § 73(8-b) provides that "a former State officer or employee may contract individually, or as a member of a firm, corporation, or association to render services to any State agency," if the agency head certifies in writing to the Commission that such individual has knowledge or expertise regarding a particular matter that cannot be obtained at comparable cost. The law does not allow for the hiring of a former State employee under contract or subcontract with the federal government.

Prior legislative history

This is a new proposal.

Statement in support

The Legislature and the Governor previously have recognized that in certain limited cases the post-employment restrictions work to the detriment of the State by precluding an agency from retaining the services of a former employee with special knowledge or expertise who could perform the services in a more cost effective manner than others who are available. Most recently, in 2004, the Public Officers Law was amended to enable an agency to contract with a former employee or his or her employer for a specific matter, upon agency head certification to the Commission that the former employee possessed a unique expertise that could not be obtained at comparable cost. These requirements, in addition to a review by the State Comptroller pursuant to State Finance Law § 112, have diminished any potential for abuse of this provision. Since its enactment, the Commission has authorized 35 certifications.

The Commission recently became aware of a situation in which the Department of Environmental Conservation sought to retain a former State employee now under contract with the federal government. The former employee has an expertise in nuclear waste management. The certification process was not available to the agency, since it could not "contract individually" with the former employee and the former employee was not a "member or employee of a firm, corporation or association." Since the individual was a contractor to the federal government, the State was unable to obtain his services. This legislative proposal would correct this oversight, thereby enabling the State to obtain the services of former employees under contract or subcontract to the federal government, under limited circumstances, in which it benefits the State to do so.

Budget implications

None.

Effective date

This act shall take effect immediately.