S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5109

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the public officers law, in relation  to  activities  by
  former state officers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 8 of section 73 of the  public
officers  law, as amended by chapter 306 of the laws of 2009, is amended
to read as follows:
  (b) (i) The provisions of subparagraph (i) of paragraph  (a)  of  this
subdivision  shall  not  apply  to  any  state officer or employee whose
employment was terminated on or after January  first,  nineteen  hundred
ninety-five  and  before April first, nineteen hundred ninety-nine or on
or after January first, two thousand nine and before  April  first,  two
thousand  [eleven] TWELVE because of economy, consolidation or abolition
of functions, curtailment of activities or other reduction in the  state
work force. On or before the date of such termination of employment, the
state  agency shall provide to the terminated employee a written certif-
ication that the  employee  has  been  terminated  because  of  economy,
consolidation  or  abolition  of functions, curtailment of activities or
other reduction in the state work  force,  and  that  such  employee  is
covered  by  the provisions of this paragraph. The written certification
shall also contain a notice describing the rights  and  responsibilities
of  the employee pursuant to the provisions of this section. The certif-
ication and notice shall contain the information and  shall  be  in  the
form set forth below:
                        CERTIFICATION AND NOTICE

TO:  Employee's Name:   ____________________________
     State agency:     ____________________________
     Date of Termination: ____________________________

  I, (name and title) of (state agency), hereby certify that your termi-
nation from State service is because of economy, consolidation or aboli-

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08742-01-1

S. 5109                             2

tion  of  functions, curtailment of activities or other reduction in the
State work force. Therefore, you are covered by the provisions of  para-
graph  (b)  of  subdivision eight of section seventy-three of the Public
Officers Law.
  You were designated as a policy maker: YES ____ NO ____

                                           ______________
                                              (TITLE)
TO THE EMPLOYEE:
  This  certification affects your right to engage in certain activities
after you leave state service.
  Ordinarily, employees who leave State service may not, for two  years,
appear  or  practice  before their former agency or receive compensation
for rendering services on a matter before their former agency.  However,
because of this certification, you may be exempt from this restriction.
  If  you  were  not designated as a Policymaker by your agency, you are
automatically exempt. You may, upon leaving State  service,  immediately
appear,  practice  or  receive compensation for services rendered before
your former agency.
  If you were designated as a Policymaker by your agency, you are eligi-
ble to apply for an exemption to the Commission on Public  Integrity  at
540 Broadway, Albany, New York 12207.
  Even  if  you are or become exempt from the two year bar, the lifetime
bar of the revolving door statute will continue to apply to you. You may
not appear, practice, communicate or otherwise  render  services  before
any  State  agency  in  relation to any case, proceeding, application or
transaction with respect to which you were  directly  concerned  and  in
which  you  personally  participated during your State service, or which
was under your active consideration.
  If you have any questions about the application of the post-employment
restrictions to your circumstances, you may contact  the  Commission  on
Public Integrity at (518) 408-3976 or 1-800-87ETHIC (1-800-873-8442).
  (ii)  The  provisions  of subparagraph (i) of this paragraph shall not
apply to any such officer or employee who at the time  of  or  prior  to
such  termination had served in a policymaking position as determined by
the appointing authority, which determination had been  filed  with  the
state  ethics commission or the commission on public integrity, provided
that such officer or employee may so appear or practice or receive  such
compensation  with  the prior approval of the state ethics commission or
the commission on public integrity. In determining whether to grant such
approval the state ethics commission or the commission on public  integ-
rity shall consider:
  A.  whether the employee's prior job duties involved substantial deci-
sion-making authority over policies, rule or contracts;
  B. the nature of the duties to be performed by the  employee  for  the
prospective employer;
  C. whether the prospective employment is likely to involve substantial
contact  with  the  employee's former agency and the extent to which any
such contact is likely to involve  matters  where  the  agency  has  the
discretion to make decisions based on the work product of the employee;
  D.  whether  the prospective employment may be beneficial to the state
or the public; and
  E. the extent of economic hardship to the employee if the  application
is denied.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on or after January 1, 2011.