Relates to the automatic expulsion of a public officer upon conviction for an egregious class A misdemeanor committed after such officer has taken the oath of office

Justification

The legislature must take several steps to encourage and enact rules and relations signifying greater ethical obligations owed to constituents from their elected officials. This task requires comprehensive reforms involving major changes at the fundamental levels. Therefore, this legislation proposes to implement the automatic expulsion of public officers who are convicted of egregious class A misdemeanor offenses as well as felony convictions.

At the present time, Public Officers Law §30(e) is the only law which provides for the automatic removal of a public officer, including a legislator, upon conviction of a felony prior to the expiration of his or her term. Specifically, the language of paragraph (e) reads:

His conviction of a felony, or a crime involving a violation of his oath of office, provided, however, that a non-elected official may apply for reinstatement to the appointing authority upon reversal or the vacating of such conviction where the conviction is the sole basis for the vacancy.

In addition to this statute, currently Legislative Law section 3 sets out the procedure in the Senate and Assembly to allow for expulsion of members upon resolution from the respective legislative bodies. This authority is granted after a committee has submitted a report inquiring into charges made against a member. Along with the proposed amendments to the Public Officers Law, the Legislative Law needs to be amended to eliminate conjecture and speculation regarding which actions may potentially result in the expulsion of an elected official. The proposed legislation will still allow members of each house to expel their members, but only upon conviction of an offense as designated in the proposed amendment to the Public Officers law.

In New York state, a crime is classified as a felony if it is punishable by any state prison sentence of one year or more. In comparison, a misdemeanor is punishable by a maximum sentence of one year incarceration. There are three different categories of misdemeanors which include: (1) class A misdemeanors; (2) class B misdemeanors; and (3) unclassified misdemeanors. This legislation will provide for the automatic expulsion of public officers convicted of certain violent Class A misdemeanors enumerated within the statute. This legislation delineates specific offenses as "egregious Class A misdemeanors", thereby eliminating differing interpretations.

The inclusion of certain egregious Class A misdemeanors would specifically require the automatic expulsion of a public officer for conviction of the following crimes, defined in the New York penal code as: §120.00 (assault in the third degree); §130.20 (sexual misconduct); § 130.60 (sexual abuse in the second degree); §150.01 (arson in the fifth degree); §240.30 subparagraph 3 (aggravated harassment in the second degree involving physical contact) §260.10 (endangering the welfare of a child); and §260.25 (endangering the welfare of an incompetent or physically disabled person). Ratification of this legislation would result in the automatic expulsion of a member for conviction of these specific offenses or violations of the oath of office, thus obviating the need for burdensome investigatory and administrative processes.

Moreover, as currently written, the Public Officers Law does not define whether expulsion will occur upon commission of an offense taken prior, during or after election or after taking the oath of office. To eliminate the vague and overbroad language of the existing law, the proposed legislation also sets forth the requirement that the commission of the crime, resulting in the aforementioned convictions, be subsequent to the oath of office. Most importantly, this proposal ensures the individual constituent's right to elect his or her public official.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.