BILL NUMBER:  S4265

 TITLE OF BILL :

An act to amend the public officers law, in relation to
post-employment restrictions


 PURPOSE OF THE BILL :

To amend Public Officers Law § 73(8-b) to enable State agencies to
hire former employees currently under contract or subcontract with the
federal government, without violating the post employment
restrictions.

 SUMMARY OF PROVISIONS :

Section one amends Public Officers Law § 73(8-b) to allow a former
State employee under contract or subcontract to the federal government
to render services for any State agency, provided the agency head
certifies to the Commission on Public Integrity ("Commission") that
such individual has the expertise, knowledge or experience with regard
to a particular matter that meets the needs of the agency and cannot
be obtained at comparable cost.

Section two provides for an immediate effective date.
              

 EXISTING LAW :

Public Officers Law § 73(8-b) provides that "a former State officer or
employee may contract individually, or as a member of a firm,
corporation, or association to render services to any State agency,"
if the agency head certifies in writing to the Commission that such
individual has knowledge or expertise regarding a particular matter
that cannot be obtained at comparable cost. The law does not allow for
the hiring of a former State employee under contract or subcontract
with the federal government.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :

The Legislature and the Governor previously have recognized that in
certain limited cases the post-employment restrictions work to the
detriment of the State by precluding an agency from retaining the
services of a former employee with special knowledge or expertise who
could perform the services in a more cost effective manner than others
who are available. Most recently, in 2004, the Public Officers Law was
amended to enable an agency to contract with a former employee or his
or her employer for a specific matter, upon agency head certification
to the Commission that the former employee possessed a unique
expertise that could not be obtained at comparable cost. These
requirements, in addition to a review by the State Comptroller
pursuant to State Finance Law § 112, have diminished any potential for
abuse of this provision. Since its enactment, the Commission has
authorized 35 certifications.

The Commission recently became aware of a situation in which the
Department of Environmental Conservation sought to retain a former
State employee now under contract with the federal government.  The
former employee has an expertise in nuclear waste management. The
certification process was not available to the agency, since it could
not "contract individually" with the former employee and the former
employee was not a "member or employee of a firm, corporation or
association." Since the individual was a contractor to the federal
government, the State was unable to obtain his services. This
legislative proposal would correct this oversight, thereby enabling
the State to obtain the services of former employees under contract or
subcontract to the federal government, under limited circumstances, in
which it benefits the State to do so.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.