Establishes a special prosecutor for fraud, waste and corruption in New York city department of buildings and Board of Standards and Appeals

Summary of provisions

Section 1.1: Provides that a special prosecutor be appointed by the Governor with the advice and consent of the Senate to investigate and prosecute acts of fraud, waste and corruption by the New York city department of buildings and New York City Board of Standards and Appeals. The special prosecutor would serve for a term of three years unless removed for cause.

Section 1.2: Provides that the special prosecutor shall receive an annual salary fixed by law and shall possess all of the powers of an assistant attorney prosecutor. The special prosecutor shall devote his or her full time and effort exclusively to investigate and prosecute actions and proceedings relating to claims of malfeasance, conflicts of interest and acts of fraud, waste and corruption against the New York city department of buildings and board of standard and appeals.

Section 1.3: Provides that the special prosecutor may appoint other employees as may needed.

Section 1.4: Provides that the special prosecutor has the following functions: (a) to receive, investigate and prosecute complaints from the public concerning alleged malfeasance, conflicts of interest and acts of fraud, waste and corruption by anyone within the department of buildings and the board of standard and appeals and anyone doing business with those agencies, (b) to receive, investigate and prosecute complaints of alleged failure of the agencies to enforce and comply with the agencies' procedures, building code, zoning resolution, and other pertinent laws, rules and regulations, (c) to receive, investigate and prosecute complaints of alleged failure of local officials and employees and private individuals to comply with the agencies' procedures, building code, zoning resolution, and other pertinent laws, rules and regulations, (d) to receive, investigate and prosecute complaints from the public or any other source concerning alleged solicitation for remuneration, (e) to subpoena and enforce the attendance of witnesses, administer oaths, take testimony and compel the production of such books, papers, records and documents, (f) to request from any department or agency of New York City and State cooperation and assistance, services and data, (g) to make an annual report to the governor, the attorney general and the legislature concerning such work during the preceding year, (h) to develop and implement guidelines and procedures for the conduct of investigations and to develop training programs for investigators and other members

of the staff, and (j) to do all things necessary or convenient to carry out the functions, powers and duties set forth in this act.

Section 1.5: Any organization, institution, or other person who reports or provides information to the special prosecutor in good faith, and without malice, shall not be subject to an action for civil damages as the result of such communication. Any such communication shall remain confidential and shall not be disclosed unless consented to or unless ordered by the court.

Section 2: This act shall take effect on the sixtieth day after it shall have become a law.

Justification

The New York City Department of Buildings (DOB) and Board of Standards and Appeals (BSA) play an integral role in ensuring safety and enforcing regulations in all aspects of construction, development and use of buildings and properties throughout New York City. Despite their significant responsibility and authority, serious questions have been raised about the integrity and efficient administration of the agencies.

There have been numerous occasions where DOB approved construction/development projects despite the apparent flaws in the plans and the serious objections expressed by the community. In addition, BSA has become a body which completely ignores the opinions and concerns of the very communities that will be directly impacted by its decisions. While the Borough Presidents and Community Boards often submit comments on variance applications on behalf of the community, their opinions are only advisory and often dismissed by BSA. Although zoning variances and special permits were originally created to help property owners only in rare and inevitable circumstances, BSA has routinely disregarded this guideline by approving the majority of the applications.

In order to restore public trust and to maintain efficiency in those agencies, the legislation would appoint an independent prosecutor to investigate and prosecute fraud, corruption, waste, abuse and mismanagement by anyone within the agencies or anyone doing business with those agencies. The legislation would also authorize the independent prosecutor to investigate the failure of the agencies, employees, local officials and private individuals to abide by the buildings code, zoning resolution and other pertinent laws, rules and regulations.

Prior legislative history

None

Fiscal implications for state and local governments

None known.

Effective date

This act shall take effect on the 60th day after it shall have become a law.