Enacts the constituent casework protection act

1 Co-sponsor

• Tony Avella

BILL NUMBER:S2960

Title of bill

An act to amend the public officers law, in relation to prohibiting the destruction of constituent case files by public officials

Purpose

The intention of this bill is to prevent the intentional destruction of active constituent case files by public officials from a governmental office.

Summary of provisions

Section 1 establishes this act as the "constituent casework protection act."

Section 2 amends Section 80 of the public officers law, as amended by chapter 556 of the laws of 1925, to establish a misdemeanor crime punishable by a fine of $10,000 to $25,000 and/or a term of imprisonment for up to one year, for any public officer found guilty of intentionally destroying an active constituent case file. A constituent file includes any correspondence, written or electronic, between an elected official and a constituent or any correspondence between an elected official and other party pertaining to the constituent's request for assistance.

Justification

Constituent service is one of the most important functions in any elected officials' office. When a constituent requests assistance from an elected official, in most cases, a constituent file is created to document the initial inquiry or request and to maintain all relevant correspondence between the officials' office and any other agency, organization, etc., involved in the resolving the request.

It is particularly troubling that, in the past, politics and personal malice has led to the intentional destruction or removal of unresolved constituent case files by an elected official upon leaving office. These files should be kept intact and remain in the government office so that the incoming official can continue to assist the constituent with their unresolved case.

When files are removed or destroyed by a departing official, the newly elected official has no way of knowing that a constituent is still in need of assistance. Constituents should not suffer as a result of political payback.

Under this new bill, any elected official involved with the destruction of an unresolved constituent case file would be guilty of a misdemeanor and subject to up to a year in prison and/or a fine of between $10,000.00 and $25,000.00.

Legislative history

S. 1659 of 2013-14; Investigations and Government Operations Committee S.2645 of 2011/12; Investigations and Government Operations Committee

Fiscal implications

None.

Effective date

Immediate.