What's happening
This bill creates an Office of the Law Enforcement Inspector General to oversee and investigate law enforcement and intelligence agencies in New York.
Why it matters
Creates independent oversight with investigative powers. The Inspector General is given broad authority to investigate any state or local law enforcement or intelligence agency, including reviewing their compliance with laws, efficiency, and ethical conduct, which could increase accountability and transparency.
Empowered to compel testimony and access records. The office can issue subpoenas, require witnesses, and obtain or copy agency documents—even those not typically available to the public or other agencies—potentially uncovering misconduct or systemic failures that previously went unaddressed.
Mandates reporting and public transparency (with limits). Annual and case-specific reports must be submitted to top officials and legislative leaders, and some information (excluding sensitive or prohibited material) will be made public, offering the public insight into law enforcement operations and oversight effectiveness.
Potential to impact law enforcement culture and public trust. By establishing a dedicated, experienced Inspector General (with required security clearance and law enforcement/intelligence background) who reports directly to the governor, this office could deter abuse, foster reform, and build greater trust between law enforcement agencies and the communities they serve.
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Who cares
State and local law enforcement and intelligence agencies
Agencies engaged in intelligence operations would face a new inspector general empowered to investigate their operations, subpoena witnesses and examine agency records.
Agency contractors and funding recipients
The inspector general’s jurisdiction would extend to people and entities doing business with covered agencies or receiving money from or through them.
Governor and legislative leaders
The governor would appoint the inspector with Senate consent, and both the governor and the Legislature acting by joint resolution could direct investigations.
Prosecutors and ethics boards
The inspector would refer investigative findings involving possible legal violations to the attorney general or appropriate prosecutor and possible conflicts of interest or unethical conduct to the appropriate ethics board.
Headline styles
Create Police Watchdog Office
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to finance
- Referred to finance
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3122
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sens. PARKER, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to establishing the office of the law enforcement inspector general; and making an appropriation therefor
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new article 11-A to read as follows:
ARTICLE 11-A
OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL Section 233. Definitions.
234. Establishment and organization.
235. Jurisdiction.
236. Powers and duties.
237. Annual reports.
238. Disclosure of information.
§ 233. Definitions. For purposes of this article, the following terms shall have the following meanings:
1. "Inspector" shall mean the law enforcement inspector general created by this article.
2. "Intelligence operations" shall mean the variety of intelligence and counterintelligence tasks that are carried out by law enforcement and intelligence agencies, which shall include but not be limited to analysis and production; collection; dissemination and integration; evaluation and feedback; planning and direction; and processing and exploitation of information collected from targeted individuals or groups.
3. "Intelligence agencies" shall mean any government agencies responsible for the collection, analysis or exploitation of information and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06585-01-7
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intelligence in support of law enforcement, national security, defense and homeland security objectives.
4. "Law enforcement agencies" shall mean any organizational units, or subunits, of the federal, state, county or municipal government with the principle functions of prevention, detection, and investigation of crime and the apprehension of alleged offenders.
§ 234. Establishment and organization. 1. There is hereby established the office of the law enforcement inspector general in the executive department. The head of the office shall be the inspector who shall be appointed by the governor, by and with the advise and consent of the senate.
2. The inspector shall hold office for a term of five years.
3. The inspector shall report directly to the governor.
4. Such person appointed as inspector shall, upon his or her appointment, have not less than ten years professional experience in areas of law enforcement and law enforcement training, provided the experience involves expertise in intelligence operations.
5. Such person appointed as inspector shall be subject to a security clearance investigation by a federal government agency authorized to perform such investigations.
6. The salary of the inspector shall not exceed the salary of certain state officers as defined in section one hundred sixty-nine of this chapter.
§ 235. Jurisdiction. This article shall, subject to the limitations contained herein, confer upon the office of the law enforcement inspector general jurisdiction over all covered agencies. For the purposes of this article "covered agency" shall include all state and local government law enforcement and intelligence agencies, including the division of homeland security and emergency services, engaged in intelligence operations.
§ 236. Powers and duties. 1. General. (a) The inspector shall make any investigation of the covered agencies directed by the governor, or the senate and the assembly acting by joint resolution.
(b) The inspector is authorized and empowered to make any study or investigation of the covered agencies that in his or her opinion may be in the best interests of the state, including but not limited to investigations of the affairs, functions, accounts, methods, personnel or efficiency of any covered agency, or whether such covered agency or agencies are acting in compliance with all applicable federal, state or local laws, regulations or rules, or local ordinances.
(c) For any investigation made pursuant to this section, the inspector shall prepare a written report or statement of findings and shall forward a copy of such report or statement to the requesting party, if any. In the event that the matter investigated involves or may involve allegations of criminal conduct, or conduct that violates any or all applicable federal, state or local laws, regulations, rules or local ordinances, the inspector, upon completion of the investigation, shall also forward a copy of his or her written report or statement of findings to the governor, and to the attorney general of New York state or appropriate prosecuting attorney, or, in the event the matter investigated involves or may involve a conflict of interest or unethical conduct, as such are defined in the public officers law and all applicable local municipal codes of ethics, to the board of ethics of the appropriate political entity or subdivision.
(d) The jurisdiction of the inspector shall extend to any covered agency, officer, or employee of such agencies, or any person or entity
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doing business with such agencies, or any person or entity who is paid or receives money from or through the covered agencies.
(e) The inspector may appoint three deputies, either of whom may, subject to the direction of the inspector, conduct or preside at any investigations authorized by this chapter. The inspector may also appoint such directors, assistants and other officers and employees as may be needed for the performance of his or her duties and may prescribe their duties and fix their compensation with the amounts appropriated therefor.
2. Investigations. (a)(i) For the purpose of ascertaining facts in connection with any study or investigation authorized by this chapter, the inspector and each deputy shall have full power to compel the attendance of witnesses, including but not limited to the power to issue subpoenas and subpoenas duces tecum, to administer oaths and to examine such persons as he or she may deem necessary.
(ii) The inspector shall have the power to require the production of any books and papers deemed relevant or material to any investigation, examination or review.
(iii) The inspector shall have the power, notwithstanding any law to the contrary, to examine and copy or remove documents or records of any kind prepared, maintained or held by any covered agency. The removal of such records shall be limited to those circumstances, at the discretion of the inspector, in which a copy thereof is insufficient for an appropriate legal or investigative purpose, provided in such instances the copying and return of such original, or copy where the original is required for an appropriate legal or investigative purpose, is expedited and such original or copy is readily accessible by the covered agency.
(b) The inspector or any agent or employee of the office duly designated in writing by him or her for such purposes may administer oaths or affirmations, examine witnesses in public or private hearing, receive evidence and preside at or conduct any such study or investigation.
3. Reports. The inspector shall forward to the governor, and to the temporary president of the senate and speaker of the assembly, the minority leaders of the senate and assembly, the chairs of the senate and assembly standing committees on investigations, the commandant of the state police, the commissioner of the New York police department and the attorney general of New York state, a copy of all reports prepared by the inspector and his or her agents and employees concerning the affairs, functions, accounts, methods, personnel or efficiency of any covered agency, upon issuance by the commissioner.
§ 237. Annual reports. 1. The inspector shall, no later than March thirty-first of each year submit to the governor and the legislature a report summarizing the activities of the office during the preceding calendar year.
2. (a) The inspector shall not publicly disclose information which:
(i) is a part of any ongoing criminal investigation;
(ii) compromises an intelligence operation;
(iii) is specifically prohibited from disclosure by any other provision of law.
(b) Notwithstanding paragraph (a) of this subdivision, any report under this section shall be made available to the public in a form which includes information with respect to a part of an ongoing criminal investigation only if such information has been included in a public record.
S. 3122 4
§ 238. Disclosure of information. The inspector shall not disclose information which is prohibited from disclosure by any other provision of law.
§ 2. The sum of ten million dollars ($10,000,000), or so much thereof as may be necessary, is hereby appropriated to the office of the law enforcement inspector general out of any moneys in the state treasury in the general fund to the credit of the state purposes account, not otherwise appropriated, and made immediately available, for the purpose of carrying out the provisions of this act. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the comptroller in the manner prescribed by law.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 home- land 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
2015-2016: S.1777A - Amend and Recommit to Finance 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.
Effective date
180th day after, with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.