S T A T E O F N E W Y O R K
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4252
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
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Introduced by M. of A. BRODSKY, CAHILL, HOYT, GALEF, KOON -- Multi-Spon-
sored by -- M. of A. COLTON -- read once and referred to the Commit-
tee on Governmental Operations
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 13 of the constitution, in relation to
codes of ethics
Section 1. Resolved (if the Senate concur), That article 13 of the
constitution be amended by adding a new section 15 to read as follows:
S 15. A PUBLIC OFFICE IS A PUBLIC TRUST. THE PEOPLE SHALL HAVE THE
RIGHT TO SECURE AND SUSTAIN THAT TRUST AGAINST ABUSE. PUBLIC OFFICERS
AND EMPLOYEES MUST EXHIBIT THE HIGHEST STANDARDS OF ETHICAL CONDUCT AND
DEMONSTRATE THE PERSONAL INTEGRITY OF EACH INDIVIDUAL IN GOVERNMENT. TO
KEEP FAITH WITH THIS BELIEF, EACH BRANCH OF STATE GOVERNMENT AND EACH
POLITICAL SUBDIVISION OF THE STATE SHALL ADOPT A CODE OF ETHICS WHICH
SHALL APPLY TO APPOINTED AND ELECTED OFFICERS AND EMPLOYEES OF THE STATE
WHO HAVE INFLUENCE OVER POLICY OR THE POLITICAL SUBDIVISION, AS THE CASE
MAY BE, INCLUDING MEMBERS OF THE BOARDS, COMMISSIONS AND OTHER BODIES.
EACH CODE OF ETHICS SHALL BE ADMINISTERED BY A SEPARATE ETHICS COMMIS-
SION. ETHICS COMMISSIONERS SHALL BE SELECTED IN A MANNER WHICH ASSURES
THEIR INDEPENDENCE AND IMPARTIALITY.
EACH CODE OF ETHICS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS
ON GIFTS, CONFIDENTIAL INFORMATION, USE OF POSITION, CONTRACTS WITH
GOVERNMENT AGENCIES, POST-EMPLOYMENT, FINANCIAL DISCLOSURE, CONFLICT OF
INTEREST AND LOBBYIST REGISTRATION AND RESTRICTION. THE FINANCIAL
DISCLOSURE PROVISIONS SHALL REQUIRE ALL ELECTED OFFICERS, ALL CANDIDATES
FOR ELECTIVE OFFICE AND SUCH APPOINTED OFFICERS AND EMPLOYEES AS MAY BE
PROVIDED BY LAW TO MAKE PUBLIC FINANCIAL DISCLOSURES. OTHER PUBLIC OFFI-
CIALS HAVING SIGNIFICANT DISCRETIONARY OR FISCAL POWERS, AS PROVIDED BY
LAW, SHALL MAKE CONFIDENTIAL FINANCIAL DISCLOSURES. ALL FINANCIAL
DISCLOSURE STATEMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, SOURCES AND
AMOUNTS OF INCOME, BUSINESS OWNERSHIP, OFFICER AND DIRECTOR POSITIONS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89084-01-9
A. 4252 2
OWNERSHIP OF REAL PROPERTY, DEBTS, CREDITOR INTERESTS IN INSOLVENT BUSI-
NESSES AND THE NAMES OF PERSONS REPRESENTED BEFORE GOVERNMENT AGENCIES.
S 2. Resolved (if the Senate concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.