Creates the office of the law enforcement inspector general; appropriation

1 Co-sponsor

• Tony Avella

Title of bill

An act to amend the executive law, in relation to establishing the office of the law enforcement inspector general; and making an appropriation therefor

Purpose

To establish an independent state inspector general for law enforcement and agencies involved in intelligence gathering.

Summary of provisions

Section 1 - Establishes the office of law enforcement inspector general organized under a new article. This section creates the authority of the office to include all state and local law enforcement and intelligence agencies operating in New York. It further establishes the powers and duties of the inspector general. This section also mandates reporting requirements.

Section 2 - Appropriations

Section 3 - Establishes the effective date.

Effects of the present law which this bill would alter

None.

Justification

Protecting the public trust from waste, fraud, and abuse is a principle established by the founders of our nation. In 1777, President Washington appointed an New Yorker, Friedrich W. A. von Steuben as an inspector general of the Army (Patricia Salkin & Zachary Kansler, Ensuring Public Trust at the Municipal Level: Inspectors General Enter the Mix, Albany Law Review Vol. 75, No.1).

Over the years we have found the need to establish inspectors general throughout New York. In 1873, the Legislature established commissioner of accounts to investigate corruption in New York City. Since then, the office State Inspector General and most recently the Medicaid Inspector General were created. These institutions ensure transparency and accountability.

According to a recent report by Professor James Steiner, Improving homeland Security at the State Level, Needed: State-level, Integrated Intelligence Enterprises at least 1,500 - 1,600 field intelligence officers operate throughout New York state. These officers are full-time law enforcement officers who also serve as intelligence officer and are directed by the New York State Intelligence Center.

In addition, according to the Washington Posts report Top Secret America, there are at least 1,000 officers in the New York ;police Department that engage in intelligence and counter-terrorism activities. Recent reports by the Associated Press reveal that the NYPD has conducted surveillance operations based on religion. The NYPD engaged in surveillance of college students, businesses, non-profit organizations, and religious organizations well beyond their jurisdiction including other states. Through various federal programs, we know the New York police Department and other law enforcement agencies have received billions in federal funding since the tragic attack on September 11, 2001. Unfortunately, very little is known about these entities, the data they collect, and their operations.

This bill seeks to ensure that tax dollars are used lawfully and to prevent waste, fraud, and abuse by state and local law enforcement engaged intelligence activities.

Legislative history

2013-2014: S.2783A - Referred to Finance 2011-2012: S.6695/A.9779 - Referred to Finance/Referred to Gov't Ops

Fiscal implication

To be determined.