Assembly Bill A5049

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

                                  5049

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
  tee on Governmental Operations

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 299 of the laws of 1995, subpara-
graph (i) as amended by chapter 561 of the laws of 1998, 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 because of economy, consolidation or abolition of  func-
tions,  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:     ____________________________

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05297-01-9
              

A. 5049                             2

     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-
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 [State Ethics Commission] COMMIS-
SION ON PUBLIC INTEGRITY at [39 Columbia Street] 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  [State  Ethics
Commission]  COMMISSION ON PUBLIC INTEGRITY at (518) [432-8207] 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;

A. 5049                             3

  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, 2009.