What's happening
This bill increases the waiting period from three or one year to ten years before former lobbyists, public officials, or state employees can be appointed to the Joint Commission on Public Ethics (JCOPE).
Why it matters
Significantly extending the "cooling-off" period to ten years aims to prevent recent lobbyists, politicians, and state employees from quickly moving into oversight roles on JCOPE, reducing potential conflicts of interest and ensuring greater independence.
By broadening the ban to include any elected official or commissioner of an executive agency, regardless of position or level, the bill tightens restrictions and addresses previous loopholes that allowed some former officials quicker access to JCOPE appointments.
A longer waiting period may help restore public trust in the integrity and impartiality of JCOPE by making it harder for individuals with recent political or lobbying ties to influence ethics enforcement.
This measure could reduce the perception or reality of political favoritism and revolving-door practices in New York state government, potentially leading to stronger ethics oversight and accountability.
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Who cares
Headline styles
Toughen JCOPE Appointment Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
3 Co-sponsors
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Toughen JCOPE Appointment Rules
In Assembly Committee · Governmental Operations · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
921
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sens. CROCI, AKSHAR, ORTT, SERINO -- 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 the eligibility of individuals appointed to JCOPE
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 94 of the executive law, as amended by section 6 of part A of chapter 399 of the laws of 2011, is amended to read as follows:
2. The members of the commission shall be appointed as follows: three members shall be appointed by the temporary president of the senate, three members shall be appointed by the speaker of the assembly, one member shall be appointed by the minority leader of the senate, one member shall be appointed by the minority leader of the assembly, and six members shall be appointed by the governor and the lieutenant governor. In the event that a vacancy arises with respect to a member of the commission first appointed pursuant to the chapter of the laws of two thousand eleven which amended this subdivision by a legislative leader, the legislative leaders of the same political party in the same house shall appoint a member to fill such vacancy irrespective of whether that legislative leader's political party is in the majority or minority. Of the members appointed by the governor and the lieutenant governor, at least three members shall be and shall have been for at least three years enrolled members of the major political party in which the governor is not enrolled. In the event of a vacancy in a position previously appointed by the governor and lieutenant governor, the governor and lieutenant governor shall appoint a member of the same political party as the member that vacated that position. Prior to making their respective appointments, the governor and the lieutenant governor and the legislative leaders shall solicit and receive recommendations for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01769-01-7
S. 921 2
appointees from the attorney general and the comptroller of the state of New York, which recommendations shall be fully and properly considered but shall not be binding.
No individual shall be eligible for appointment as a member of the commission who currently or within the last [three] ten years:
(i) is or has been registered as a lobbyist in New York state;
(ii) is or has been a member of the New York state legislature, is or [a statewide] has been an elected official of any capacity or a commissioner of an executive agency appointed by the governor; or
(iii) is or has been a political party chairman, as defined in paragraph (k) of subdivision one of section seventy-three of this article.
No individual shall be eligible for appointment as a member of the commission who currently or within the last [year] ten years is or has been a state officer or employee or legislative employee as defined in section seventy-three of the public officers law.
§ 2. This act shall take effect immediately.
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 the eligibility of individuals appointed to JCOPE
Purpose
This bill expands the length of time of the current temporary ban against certain individuals serving as members of JCOPE and includes any individual elected to office in the temporary ban, not just those elected to statewide office.
Summary of specific provisions
Section one increases from three years to ten years, the prohibition against lobbyists, elected officials and commissioners serving as members of JCOPE. Further, this section expands the elected official prohibition to include any elected officials, as opposed to just covering state-wide elected officials. Additionally, this section increases the prohibition against legislative or state officers or employees from serving, from one year to ten years.
Section two provides that this act shall take effect immediately.
Justification
After accepting public comment, the New York Ethics Review Commission issued a report and recommendations concerning JCOPE and the Legislative Ethics Commission on November 1, 2015. One of the complaints that was noted in the report was that members of the public felt strongly that current elected officials should be barred from serving on as a member of JCOPE. The Review Commission agreed and provided that current elected officials who are under the jurisdiction of JCOPE should be barred. This bill will accomplish that recommendation, by expanding the ban on statewide elected officials from serving to include all elected officials.
Furthermore, in order to better allow JCOPE to function independently, and in order to restore public trust, legislative and Executive branch employees should have a cooling off period, before serving on this imperative oversight Commission. This will help to ensure that the mission of the Commission is carried out without outside influence, and will help to restore public trust in our state government, generally.
Prior legislative history
S7353 of 2015/16: Referred to Finance
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.