Makes technical corrections to provisions of the legislative, executive and civil service laws relating to governmental ethics and compliance

* provide technical Corrections relating to the bodies overseeing governmental ethics and compliance, including clarifying the jurisdiction of the Executive Ethics and compliance commission and the Legislative commission on Ethics Standards over former state officers, allowing those commissions to impose penalties on individuals employed by those commissions who violate the confidentiality of investigations;

* clarify that the Lobbying commission has the authority to initiate its own investigations as well as commence investigations upon referral from another body or receipt of sworn compliant;

* provide that where the governing board of the legislative office ethics investigations is unable to recommend action because of a vote, a statement indicating any findings of fact agreed upon by members shall be included in the written report;

*. add clarifying language to ensure that t.he membership. of the joint legislative commission on ethics standards will be bipartisan and that no official will have a greater number of appointees to the commission than the other appointing officials;

* update a reference to the former commission on Public Integrity in the civil Service Law;

* codify the exiting unit heads and deputies at the State Board of Elections (a director of election operations, a deputy director of election operations, a director of public information and a deputy director of public information) in addition to the enforcement counsel and deputy and the special counsel and deputy;

* provide that the deputy in each unit shall be a member of a different major political party than the unit head and that unit heads and deputies will be appointed by the commissioners of the political party;

* require the enforcement counsel to notify the deputy enforcement counsel and the state board of elections if he or she intends to dismiss a complaint because it does not meet the two prong test (does not allege a violation and/or is not supported by credible evidence and that the state board of elections may vote to override the enforcement counsel and order an investigation; and

* provide that the deputy enforcement counsel will be given notice and a chance to review the relevant enforcement file at least ten days before the board meeting and have the opportunity to submit a public written concurrence with or dissent from the enforcement counsel's intent to commence an investigation or recommendation that a penalty be pursued.

Effects of present law which this bill would alter

This act amends subdivision 1, and paragraph (c) of subdivision 16-b, of Section 94 of the Executive Law, subdivision (h) of Section 1-d, clause (D) of subparagraph (iii) of paragraph (b) and subparagraph (iii) of paragraph (a) of Section 80, and subdivisions a, b, and d of Section 81 of the Legislative Law, Subdivision 5 of Section 107 of the Civil Service Law, and Subdivision 1 of Section 3-100 and subdivisions 4, 5, 6, 7, and 9 of Section 3-104 of the Election Law, all as would be amended by A.9544/S.6457 if it were to become law.

Justification

This legislation amends the language of A.9544/S.6457, which passed both houses of the Legislature in January of 2010 and was vetoed by Governor Paterson on February 1, 2010. It improves that bill by adding the following:

* technical improvements to the law governing the ethics oversight bodies to clarify their continuing jurisdiction, the proper enforcement of confidentiality, and ability to conduct investigations;

* provisions to ensure partisan balance at the Board of Elections by mandating that statutory appointments for Directors and Deputy Directors are of different political parties; and

* new mandates to ensure that the actions of the Enforcement counsel at the Board of Elections are reviewed by the Deputy Enforcement Counsel and the Board at large, as well as a new provision directing the Board of Elections to order an investigation if they find a complaint should not be dismissed by the Enforcement Counsel.

Together with the underlying ethics and campaign finance enforcement reform provisions that A.9544/S.6457 accomplished, these changes would further improve the efficacy and fairness of our ethics and election laws and build a strong foundation on which to rebuild the public's confidence in the institutions of its Government.

Prior legislative history

This is new legislation. A.9544/S.6457 was vetoed on February 1, 2010.

Fiscal implications for state and local governments

There is no fiscal impact from this legislation separate from that which would occur by A.9544/S.6457 becoming law.

Effective date

On the same date and in the same manner as the chapter of law proposed in A.9544/S.6457.