Authorizes persons who held temporary employment as certain members of the emergency veterinary corps to appear before a state agency

Title of bill

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

Purpose of the bill

This bill would clarify that private veterinarians and veterinary technicians serving the State as part of an activated Emergency Veterinary Medical Corps are not prohibited from appearing before the Department of Agriculture and Markets (Department) following such service.

Summary of provisions

Section 1 of the bill would amend Public Officers Law (POL) § 73(8) to provide that the two year and lifetime prohibitions against appearing before former State agency employers do not apply to any person as a result of his or her temporary employment by the Department as part of the New York State Emergency Veterinary Medical Corps.

Section 2 of the bill would provide for an immediate effective date.

Existing law

POL §73(8)(a)(i) prohibits former State officers or employees, within a period of two years after leaving State service, from appearing or practicing before their former agency or receiving compensation for any services rendered in relation to any case, proceeding, application or other matter before their former agency.

POL §73(8)(a)(ii) prohibits former State officers or employees from appearing, practicing, communicating or otherwise rendering services before any State agency, or receiving compensation for such services in relation to any case, proceeding, application or transaction with which they were directly concerned and in which they personally participated while in public service, or which was under their active consideration.

Prior legislative history

This is a new proposal.

Statement in support

In the event of an emergency, natural disaster or act of bioterrorism, it may be necessary for the Department to hire; on a temporary basis, private veterinarians and veterinary technicians to assist Department personnel with disease control measures, administering vaccines, euthanizing animals and conducting epidemiological investigations. At the end of their temporary employment by the Department and their return to their private veterinary practices, these veterinarians and veterinary technicians may be called upon to appear before the Department.

The Department received an opinion from the Commission on Public Integrity that a veterinarian or veterinary technician would be subject to POL § 73(8){a){i) and (ii) upon activation by the Department as a temporary employee for the Emergency Veterinary Medical Corps. Such rare, emergency and temporary service should not be treated the same as regular employment for purposes of Public Officers Law § 73(8). This bill would encourage veterinarians and veterinary technicians to serve the State as part of an activated Emergency Veterinary Medical Corps and help to ensure the availability of adequate resources to respond to emergencies, natural disasters and acts of bioterrorism.

Budget implications

None.

Effective date

The bill would take effect immediately.