NY State Senate Bill 2017-S1549

Senate Bill S1549

2017-2018 Legislative Session

Establishes a special prosecutor for fraud, waste and corruption in New York city department of buildings and Board of Standards and Appeals

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 10, 2017	referred to finance

2017-S1549 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6149
2015-2016: S1091

2017-S1549 (ACTIVE) - Summary

Establishes a special prosecutor to investigate and prosecute fraud, waste and corruption by the New York city department of buildings and Board of Standards and Appeals.

2017-S1549 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1549

 TITLE OF BILL :

An act in relation to appointing a special prosecutor to investigate
and prosecute acts of fraud, waste and corruption by the New York city
department of buildings and the New York city board of standards and
appeals

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of the bill is to appoint a special prosecutor to
investigate and prosecute acts of fraud, waste and corruption by the
New York City Department of Buildings and the Board of Standards and
Appeals.

 SUMMARY OF PROVISIONS :

Section 1.1: Provides that a special prosecutor be appointed by the
Governor with the advice and consent of the Senate to investigate and
prosecute acts of fraud, waste and corruption by the New York city
department of buildings and New York City Board of Standards and
Appeals. The special prosecutor would serve for a term of three years
unless removed for cause.

Section 1.2: Provides that the special prosecutor shall receive an

annual salary fixed by law and shall possess all of the powers of an
assistant attorney prosecutor. The special prosecutor shall devote his
or her full time and effort exclusively to investigate and prosecute
actions and proceedings relating to claims of malfeasance, conflicts
of interest and acts of fraud, waste and corruption against the New
York city department of buildings and board of standard and appeals.

Section 1.3: Provides that the special prosecutor may appoint other
employees as needed.

Section 1.4: Provides that the special prosecutor has the following
functions: (a) to receive, investigate and prosecute complaints from
the public concerning alleged malfeasance, conflicts of interest and
acts of fraud, waste and corruption by anyone within the department of
buildings and the board of standard and appeals and anyone doing
business with those agencies, (b) to receive, investigate and
prosecute complaints of alleged failure of the agencies to enforce and
comply with the agencies' procedures, building code, zoning
resolution, and other pertinent laws, rules and regulations, (c) to
receive, investigate and prosecute complaints of alleged failure of
local officials and employees and private individuals to comply with
the agencies' procedures, building code, zoning resolution, and other
pertinent laws, rules and regulations, (d) to receive, investigate and
prosecute complaints from the public or any other source concerning
alleged solicitation for remuneration, (e) to subpoena and enforce the
attendance of witnesses, administer oaths, take testimony and compel
the production of such books, papers, records and documents, (f) to
request from any department or agency of New York City and State
cooperation and assistance, services and data, (g) to make an annual
report to the governor, the attorney general and the legislature
concerning such work during the preceding year, (h) to develop and
implement guidelines and procedures for the conduct of investigations
and to develop training programs for investigators and other members
of the staff, and (j) to do all things necessary or convenient to
carry out the functions, powers and duties set forth in this act.
Section 1.5:  Any organization, institution, or other person who
reports or provides Information to the special prosecutor in good
faith, and without malice, shall not be subject to an action for civil
damages as the result of such communication.  Any such communication

shall remain confidential and shall not be disclosed unless consented
to or unless ordered by the court.

Section 2: This act shall take effect on the sixtieth day after it
shall have become a law.

 JUSTIFICATION :

The New York City Department of Buildings (DOB) and Board of Standards
and Appeals (BSA) play an integral role in ensuring safety and
enforcing regulations in all aspects of construction, development and
use of buildings and properties throughout New York City. Despite
their significant responsibility and authority, serious questions have
been raised about the integrity and efficient administration of the
agencies.

There have been numerous occasions where DOB approved construction/
development projects despite the apparent flaws in the plans and the
serious objections expressed by the community. In addition, BSA has
become a body which completely ignores the opinions and concerns of
the very communities that will be directly impacted by its decisions.
While the Borough Presidents and Community Boards often submit
comments on variance applications on behalf of the community, their
opinions are only advisory and often dismissed by BSA. Although zoning
variances and special permits were originally created to help property
owners only in rare and inevitable circumstances, BSA has routinely
disregarded this guideline by approving the majority of the
applications.

In order to restore public trust and to maintain efficiency in those
agencies, the legislation would appoint an independent prosecutor to
investigate and prosecute fraud, corruption, waste, abuse and
mismanagement by anyone within the agencies or anyone doing business
with those agencies. The legislation would also authorize the
independent prosecutor to investigate the failure of the agencies,
employees, local officials and private individuals to abide by the
buildings code, zoning resolution and other pertinent laws, rules and
regulations.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.1091-A

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None known.

 EFFECTIVE DATE :
This act shall take effect on the 60th day after it shall have become
a law.

2017-S1549 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1549
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT in relation to appointing a special prosecutor to investigate and
   prosecute acts of fraud, waste and corruption by  the  New  York  city
   department  of  buildings and the New York city board of standards and
   appeals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1.  The governor, by and with the advice and consent of the
 senate, shall within 30 days of the effective date of this act appoint a
 special prosecutor to investigate and prosecute acts of fraud, waste and
 corruption  by  the  New  York city department of buildings and New York
 city board of standards and appeals. The special prosecutor shall  serve
 for  a  term of 3 years unless removed by the governor, after notice and
 an opportunity for a hearing, and then only  for  one  or  more  of  the
 following reasons: permanent disability which renders the special prose-
 cutor  incapable  of  performing  the duties of his or her office; gross
 inefficiency, typified by a lack of ability to properly conduct investi-
 gations and prosecutions; neglect of duty, including an unwillingness to
 pursue claims of  criminal  fraud,  abuse  or  corruption;  malfeasance;
 conviction of a felony; or conduct involving moral turpitude.
   2.  Such special prosecutor shall receive an annual salary to be fixed
 by law from within  the  amounts  appropriated  therefor.  Such  special
 prosecutor  shall  possess  all  of  the powers of an assistant attorney
 general otherwise authorized by this act  provided,  however  that  such
 special  prosecutor  shall devote his or her full time and effort exclu-
 sively to investigations and prosecutions  of  actions  and  proceedings
 relating  to  claims  of  malfeasance, conflicts of interest and acts of
 fraud, waste and corruption against the  New  York  city  department  of
 buildings and New York city board of standards and appeals.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00807-01-7

 S. 1549                             2
 
   3.  The special prosecutor may appoint such other deputies, directors,
 assistants, and other employees to serve  at  the  special  prosecutor's
 pleasure  and  discretion as may be needed for the performance of duties
 and may prescribe their powers and fix  their  compensation  within  the
 amounts appropriated therefor.
   4.  The special prosecutor shall have the following special functions,
 powers and duties:
   (a) To receive, investigate and prosecute complaints as  more  partic-
 ularly  enumerated  in  paragraphs  (b)  through (g) of this subdivision
 whenever such special prosecutor reasonably concludes that the  activity
 alleged may constitute a crime;
   (b)  To  receive, investigate and prosecute complaints from the public
 or any other source concerning alleged malfeasance, conflicts of  inter-
 est and acts of fraud, waste and corruption by anyone within the depart-
 ment of buildings and the board of standards and appeals or anyone doing
 business with those agencies;
   (c)  To receive, investigate and prosecute complaints of alleged fail-
 ure of the agencies to enforce and comply with the agencies' procedures,
 building code, zoning resolution, and other pertinent  laws,  rules  and
 regulations;
   (d)  To receive, investigate and prosecute complaints of alleged fail-
 ures of local officials and employees and private individuals to  comply
 with  the  agencies'  procedures,  building code, zoning resolution, and
 other pertinent laws, rules and regulations;
   (e) To receive, investigate and prosecute complaints from  the  public
 or  any  other  source  concerning alleged solicitation for remuneration
 directly or indirectly, overtly or covertly, in  cash  or  in  kind,  in
 return for doing their jobs, overlooking violations, approving contracts
 and applications, misrepresenting or falsifying information on documents
 filed with the city, and engaging in any other illegal activities;
   (f)  To  conduct any inquiry pertinent or material to the discharge of
 the functions, powers and duties imposed by law; and through  designated
 members  of  the  staff,  to  subpoena  and  enforce  the  attendance of
 witnesses, administer oaths, take testimony and compel the production of
 such books, papers, records and documents as may be relevant to any such
 inquiry and investigation;
   (g) To request from any department, board, bureau, commission or other
 agency of New York city and state and its  political  subdivisions,  and
 the  same  are  authorized and directed to provide, such cooperation and
 assistance, services and data as will enable  him  or  her  properly  to
 carry out his or her functions, powers and duties;
   (h) To make an annual report to the governor, the attorney general and
 the  legislature  concerning such work during the preceding year, and to
 make such further interim reports to them as they or any of  them  shall
 deem advisable or require;
   (i) To develop and implement guidelines and procedures for the conduct
 of investigations and to develop training programs for investigators and
 other members of the staff; and
   (j)  To  coordinate the activities of his or her office including, but
 not limited to:   inquiries, investigations and  prosecutions  with  the
 department  of  investigation  and  the  appropriate district attorney's
 offices, to the extent practicable, to realize efficiencies  and  reduce
 costs to the special prosecutor's office; and
   (k)  To  do  all things necessary or convenient to carry out the func-
 tions, powers and duties set forth in this act.

 S. 1549                             3
 
   5. Any organization, institution,  or  other  person  who  reports  or
 provides  information to the special prosecutor in good faith, and with-
 out malice, shall not be subject to an action for civil damages or other
 relief as the result of such communication. Any such communication shall
 remain  confidential  and  shall not be disclosed unless consented to or
 unless ordered by the court.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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