Relates to examination and inspection by the governor

BILL NUMBER:S5973

Title of bill

An act to amend the executive law, in relation to examination and inspection by the governor

Purpose

This bill would amend section 6 of the executive law, also known as the Moreland Act, to require greater transparency in the management and affairs of Moreland Commissions and to ensure independence of the Commission from the executive branch. The bill would also require Moreland Commission documents be preserved at the State Archives.

Summary of provisions

Section 1, subdivision (b) requires that, once formed, any actions of the Commission must be done independently from the Executive, Executive Chamber staff or any agency.

Section 1, subdivision (c) directs the Commission to establish rules and procedures necessary to govern the exercise of the powers and duties granted to it at the first formal meeting of the Commission and further requires that those rules and procedures be made public before second formal meeting or before any subpoenas are issued, whichever comes first.

Section 2 limits those who are eligible to serve on the Commissions to those persons who are not currently or have been in the last three years lobbyists, state or local officers or employees, political party chairpersons, and anyone who has served as treasurer, candidate or affiliate of a party or candidate committee accepting contributions.

Section 3 gives the Governor the power to set compensation for Commission members, but requires that the executive seek a specific appropriation for monies used to compensate those persons.

Section 5. requires that all documents made and used by the Moreland Commission be preserved in the State Archives.

Justification

The Moreland Act, section 6 of the Executive Law gives the Governor the power to empanel commissions, known as Moreland Commissions, to examine and investigate the management and affairs of the agencies, and boards and commissions within the Executive Department. Under current law, this grant of power is very broad and does not provide for the procedural due process, transparency and openness that the citizens have come to expect of its government Under this broad grant of power, Governor Andrew Cuomo empanelled the Moreland Commission to Investigate Public Corruption in July of 2013. The conduct of this Commission and the possible involvement of the executive branch in the decisions of the Commission has raised concerns about the accountability and effectiveness of this Commission's objective. Potential or actual conflicts of interest divert from the true mission of any Moreland Commission.

This bill is aimed to bring accountability back to these commissions by increasing the transparency of the actions of the Commissions, which currently is very limited. It also aims to ensure independence of the Commissions' activities from the branch of government that it

is required to investigate, the Executive branch including requiring that there be an appropriation for its operations such that it need not rely on the Executive to fund it piecemeal. Finally, it ensures preservation of all of the documents from a Moreland investigation so that its actions can be checked to ensure completeness and objectiveness in its recommendations.

Legislative history

This is a new bill.

Fiscal implications

None

Effective date

This bill would take effect on the 120th day after it becomes law.