NY State Senate Bill 2011-S3030

Senate Bill S3030

2011-2012 Legislative Session

Provides that an elected official shall forfeit his or her retirement rights and benefits if he or she is convicted of or pleads to certain crimes

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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 04, 2012	referred to civil service and pensions
Feb 07, 2011	referred to civil service and pensions

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2011-S3030 (ACTIVE) - Details

See Assembly Version of this Bill:: A244
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add Art 3-B §§156 - 158, R & SS L
Versions Introduced in 2009-2010 Legislative Session:: S4947, A9401, A3176

2011-S3030 (ACTIVE) - Summary

Provides that an elected official shall forfeit his or her retirement rights and benefits if he or she is convicted of or pleads to certain crimes related to public employment.

2011-S3030 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3030

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to
forfeiture of pension rights or retirement benefits upon conviction of
certain crimes related to public employment

PURPOSE:
To amend the Social Security Law to allow for the forfeiture of
pension benefits, obtained as a result of someone's status as an
elected official, in the event of a felony conviction when the crime
was specifically related to the official duties and responsibilities
of the public office. This does not include the felony of mail fraud.

SUMMARY OF PROVISIONS:
Section one - Amends the retirement and social security law by adding
new sections 156, 157 and 158 to new article 3-B, that establish the
procedure and guidelines for forfeiture of retirement benefits for
elected officials convicted of a felony.

Section 156 provides definitions, such as "covered crime" which
provides that any felony offense, other than mail fraud, committed by
a defendant during his or her tenure as an elected official, where
there was knowledge and intent on the part of the defendant to commit
such crime, shall elicit initiation of a pension forfeiture proceeding.

Section 157 is divided into ten subsections:

I. Pension Forfeiture

Sub-section one provides that the District Attorney, or the Attorney
General in cases where the Attorney General brought the initial
criminal charge, shall initiate an action in Supreme Court for the
forfeiture of those rights and benefits to which the defendant is, or
will be entitled to, as an elected official belonging to any state or
city retirement system, when he or she is convicted of, pleads guilty
to, pleads nolo-contender to, or pleads guilty to a crime pursuant to
subdivision two
of section 220.10 of the criminal procedure law, any covered crime
where the commission of such crime is related to the performance of,
or failure to perform, the elected official's duties and
responsibilities.

Sub-section one also defines an action relating to the performance, or
failed performance, of a member's official duties and
responsibilities as one: a) constituting a material violation of the
elected official's duties and responsibilities as a public servant;
b) committed in the course of an individual's public employment; c)
involving the use of public personnel or resources; d) involving an
individual's misrepresentation of his or her actual official powers;
duties and responsibilities; e) involving actions or conduct by which
such individual indicated or conveyed that he or she was acting with
the authority of, or under color of the authority of, any
governmental entity, even when such action is committed outside the
scope of the individual's official duties or responsibilities.


Such forfeiture shall only apply to that portion of the defendant's
rights and benefits derived from his or her employment as an elected
official, and the pension forfeiture proceedings shall begin no later
than six months after the original covered conviction.

II. Notice of Applicability Sub-section two requires the District
Attorney or the Attorney General, depending on the case, to provide
notice to the chief administrator of the retirement system that, in
their belief, the felony committed was in fact a covered crime as
defined by section 156 of this act, and that the crime was related to
the elected official's duties and responsibilities. Within twenty
days of such notice, the chief administrator shall be required to
submit a 'notice of applicability' confirming the convicted member's
participation in a public retirement system and delineating the
rights and benefits to which the member is or will be entitled.

III. Remittance for Dependant Children

Sub-section three provides that a forfeiture proceeding cannot be
initiated until the District Attorney or the Attorney General have
received the 'notice of applicability', and also provides that the
District Attorney or Attorney General shall be allowed to seek an
order from the court remitting some or all of the forfeited pension
to be paid for the support of any dependant children, taking into
consideration the financial needs and resources available for the
support of such child.

IV. Petition for Preliminary injunction

Sub-section four provides that the District Attorney or Attorney
General, when it is reasonably clear that he will prevail on the
issue of forfeiture, has the authority to petition the court for a
temporary restraining order or a preliminary injunction prohibiting
the defendant from receiving any rights or benefits from the
appropriate retirement system. In reviewing the petition, the court
may not consider any issues presented to the court in a criminal
action in which the defendant was convicted or which arise out of
such criminal action and may be presented on, or subject to an appeal.

V. Defendant's Right to a Hearing Sub-section five provides that all
defendants in a forfeiture actions brought pursuant to this article
have the right to a hearing.

VI. Burden of Proof

Sub-section six provides that the District Attorney or Attorney
General is required to prove by clear and convincing evidence that
the facts support a claim of pension forfeiture, and that the elected
official knowingly and intentionally committed the covered crime.

VII. Dismissal and Remittance for Dependant Children

Sub-section seven provides that the court may dismiss any pending
forfeiture action if it finds that such relief is warranted by the
existence of some compelling factor, consideration or circumstance
which demonstrates that such forfeiture would not serve the ends of
justice.


Similar to the plaintiffs right under sub-division three of this
section, the court may order that some or the entire forfeited
pension to be paid for the support of any dependant children, in
taking in to consideration the financial needs and resources
available for the support of such child. The court is required to
issue a written decision stating the basis for an order issued
pursuant to this subdivision.

VIII. Issue of Ruling

Sub-section eight provides that upon a finding by the court that the
defendant has committed the covered crime relating to the performance
of, or failure to perform such elected official's duties and
responsibilities, and that there was clear and convincing evidence
that the defendant/elected official knowingly and intentionally
committed the covered felony crime, the court shall issue an order to
the appropriate retirement system's chief administrator for the
forfeiture of the defendant's rights and benefits as a member or
retired member of such system.

IX. Reinstatement of Benefits

Sub-section nine provides that in the event a conviction of a covered
crime is overturned, the member who has forfeited retirement rights
and benefits pursuant to this section shall have such rights and
benefits retroactively restored upon application to the court of
proper jurisdiction.

Section 158 provides that the remedies in this article are not
intended to substitute, limit, or supersede the lawful authority of
any other entity to enforce other rights or remedies provided for by
law.

Section 2 provides the effective date.

JUSTIFICATION:
When elected officials, in the performance of their official duties
and responsibilities, participate in egregious and criminal conduct,
they are exploiting both the public's trust in government and the
public's belief that officials are acting in their best interest.
Elected officials should perform
their duties and responsibilities with the public's confidence.
Officials who commit felony offenses and use that confidence to their
illegal advantage should not be entitled to the benefits derived from
their office.

LEGISLATIVE HISTORY:
2010, A.9401 referred to governmental employees. Same as: 2010, S.4947
(Oppenheimer) referred to civil service and pensions committee. 2009,
A.3176 (Bradley) referred to governmental employees committee. Same
as: 2009, S.4947 (Oppenheimer) referred to civil service and pensions
committee.

FISCAL IMPLICATIONS:
None

EFFECTIVE DATE:


This act shall take effect on the ninetieth (90) day after it shall
have become law, and shall only apply to acts committed by elected
officials on or after such date.

2011-S3030 (ACTIVE) - Bill Text download pdf

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

                                  3030

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER, MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Civil
  Service and Pensions

AN  ACT  to amend the retirement and social security law, in relation to
  forfeiture of pension rights or retirement benefits upon conviction of
  certain crimes related to public employment

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

  Section 1. The retirement and social security law is amended by adding
a new article 3-B to read as follows:
                               ARTICLE 3-B
                PENSION FORFEITURE FOR ELECTED OFFICIALS
SECTION 156. DEFINITIONS.
        157. PENSION FORFEITURE.
        158. MISCELLANEOUS.
  S  156.  DEFINITIONS. THE FOLLOWING WORDS AND PHRASES, AS USED IN THIS
ARTICLE, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS A  DIFFERENT  MEANING
IS PLAINLY REQUIRED BY THE CONTEXT:
  1.  "DEFENDANT"  SHALL MEAN AN ELECTED OFFICIAL AGAINST WHOM A FORFEI-
TURE ACTION IS COMMENCED.
  2. "COVERED CRIME" SHALL MEAN ANY  FELONY  OFFENSE,  OTHER  THAN  MAIL
FRAUD,  COMMITTED  BY A DEFENDANT DURING HIS OR HER TENURE AS AN ELECTED
OFFICIAL AND WHERE THERE WAS KNOWLEDGE AND INTENT ON  THE  PART  OF  THE
DEFENDANT TO COMMIT SUCH CRIME.
  3. "CHIEF ADMINISTRATOR OF THE RETIREMENT SYSTEM" SHALL MEAN THE COMP-
TROLLER  OF THE STATE OF NEW YORK WITH RESPECT TO THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM AND THE  NEW  YORK  STATE  AND  LOCAL
POLICE  AND  FIRE  RETIREMENT  SYSTEM  AND  THE  BOARDS OF TRUSTEES WITH
RESPECT TO THE OTHER PUBLIC RETIREMENT SYSTEMS AND PENSION FUNDS OF  THE
STATE AND THE CITY OF NEW YORK.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00756-01-1

S. 3030                             2

  4.  "MEMBER"  SHALL MEAN ANY ELECTED OFFICIAL WHO BELONGS TO ANY STATE
OR CITY RETIREMENT SYSTEM.
  5. "RETIRED MEMBER" SHALL MEAN A PERSON WHO IS RETIRED FROM AND WHO IS
RECEIVING  A  RETIREMENT  ALLOWANCE FROM A RETIREMENT SYSTEM AND WHO HAD
JOINED SUCH SYSTEM ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  6. "RETIREMENT SYSTEM" SHALL MEAN ANY RETIREMENT SYSTEM OF  THE  STATE
OF NEW YORK OR OF THE CITY OF NEW YORK.
  7. "DEPENDENT CHILDREN" SHALL INCLUDE:
  (A)  ANY  CHILD  OF AN ELECTED OFFICIAL, WHERE SUCH CHILD IS UNDER AGE
NINETEEN;
  (B) ANY UNMARRIED DEPENDENT CHILD OF AN ELECTED  OFFICIAL,  REGARDLESS
OF  SUCH  CHILD'S  AGE, WHERE SUCH CHILD IS INCAPABLE OF SELF-SUSTAINING
EMPLOYMENT BY REASON OF MENTAL OR  PHYSICAL  DISABILITY  AND  BECAME  SO
INCAPABLE PRIOR TO ATTAINING THE AGE OF NINETEEN; AND
  (C) ANY UNMARRIED CHILD OF AN ELECTED OFFICIAL, WHERE SUCH CHILD IS AT
AN   ACCREDITED   INSTITUTION  OF  HIGHER  LEARNING  AND  IS  UNDER  AGE
TWENTY-THREE.
  S 157. PENSION FORFEITURE.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
GENERAL, SPECIAL OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY:
  1.  IN  THE  CASE  OF  A MEMBER OR RETIRED MEMBER WHO IS CONVICTED OF,
PLEADS GUILTY TO, PLEADS NOLO CONTENDERE TO, OR PLEADS GUILTY TO  PURSU-
ANT  TO  SUBDIVISION TWO OF SECTION 220.10 OF THE CRIMINAL PROCEDURE LAW
ANY COVERED CRIME SET FORTH IN SUBDIVISION TWO OF  SECTION  ONE  HUNDRED
FIFTY-SIX  OF  THIS  ARTICLE,  THE COMMISSION OF WHICH IS RELATED TO THE
PERFORMANCE OF OR FAILURE TO PERFORM SUCH  MEMBER  OR  RETIRED  MEMBER'S
OFFICIAL  DUTIES  AND RESPONSIBILITIES AS AN ELECTED OFFICIAL, AN ACTION
SHALL BE COMMENCED IN SUPREME COURT  BY  THE  DISTRICT  ATTORNEY  HAVING
JURISDICTION  OVER THE OFFENSE, OR BY THE ATTORNEY GENERAL IF THE ATTOR-
NEY GENERAL BROUGHT THE UNDERLYING CRIMINAL CHARGE, FOR  THE  FORFEITURE
OF THOSE RIGHTS AND BENEFITS TO WHICH SUCH PERSON IS OR WILL BE ENTITLED
AS  A MEMBER OR RETIRED MEMBER. SUCH FORFEITURE SHALL ONLY APPLY TO THAT
PORTION OF THE DEFENDANT'S RIGHTS AND BENEFITS DERIVED FROM HIS  OR  HER
EMPLOYMENT AS AN ELECTED OFFICIAL.  SUCH ACTION SHALL BE COMMENCED WITH-
IN  SIX  MONTHS  OF  SUCH  CONVICTION.  FOR  PURPOSES OF THIS ARTICLE, A
COVERED CRIME IS RELATED TO THE PERFORMANCE OF  OR  FAILURE  TO  PERFORM
SUCH  MEMBER OR RETIRED MEMBER'S OFFICIAL DUTIES AND RESPONSIBILITIES IF
IT:
  (A) CONSTITUTED A MATERIAL  VIOLATION  OF  SUCH  MEMBER'S  OR  RETIRED
MEMBER'S DUTIES AND RESPONSIBILITIES AS A PUBLIC SERVANT; OR
  (B)  WAS COMMITTED IN THE COURSE OF AN INDIVIDUAL'S PUBLIC EMPLOYMENT;
OR
  (C) INVOLVED THE USE OF PUBLIC PERSONNEL OR RESOURCES; OR
  (D) INVOLVED AN INDIVIDUAL'S MISREPRESENTATION OF HIS  OR  HER  ACTUAL
OFFICIAL POWERS, DUTIES AND RESPONSIBILITIES; OR
  (E)  EVEN THOUGH COMMITTED OUTSIDE THE SCOPE OF SUCH MEMBER'S OFFICIAL
DUTIES OR RESPONSIBILITIES, INVOLVED ACTIONS OR CONDUCT  BY  WHICH  SUCH
MEMBER OR RETIRED MEMBER INDICATED OR CONVEYED THAT HE OR SHE WAS ACTING
WITH  THE  AUTHORITY OF, OR UNDER COLOR OF THE AUTHORITY OF, ANY GOVERN-
MENTAL ENTITY.
  2.  PRIOR TO COMMENCEMENT OF SUCH ACTION DESCRIBED IN SUBDIVISION  ONE
OF  THIS  SECTION, THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL, AS THE
CASE MAY BE, SHALL PROVIDE NOTICE TO  THE  CHIEF  ADMINISTRATOR  OF  THE
DEFENDANT'S  RETIREMENT  SYSTEM  STATING  THAT  HE  OR SHE HAS REASON TO
BELIEVE THAT THE PERSON CONVICTED COMMITTED THE COVERED CRIME RELATED TO
HIS OR HER OFFICIAL DUTIES AND RESPONSIBILITIES. WITHIN TWENTY  DAYS  OF
RECEIPT  OF  SUCH  NOTICE,  THE  CHIEF  ADMINISTRATOR OF THE DEFENDANT'S

S. 3030                             3

RETIREMENT SYSTEM SHALL SUBMIT A NOTICE OF APPLICABILITY TO THE DISTRICT
ATTORNEY OR THE ATTORNEY GENERAL AS THE  CASE  MAY  BE.  THE  NOTICE  OF
APPLICABILITY  SHALL  CONTAIN  A STATEMENT SPECIFYING WHETHER THE PERSON
CONVICTED  IS  OR  HAS  BEEN  A MEMBER OR RETIRED MEMBER OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE  NEW  YORK  STATE  AND
LOCAL  POLICE  AND  FIRE RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS'
RETIREMENT SYSTEM, THE NEW YORK CITY EMPLOYEES' RETIREMENT  SYSTEM,  THE
NEW  YORK  CITY  TEACHERS'  RETIREMENT  SYSTEM, THE NEW YORK CITY POLICE
PENSION FUND, THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND AND THE NEW
YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM AND  SHALL  DESCRIBE  THE
PORTION  OF  SUCH RIGHTS AND BENEFITS TO WHICH SUCH PERSON IS OR WILL BE
ENTITLED TO FROM SUCH PUBLIC RETIREMENT SYSTEM THAT RESULTED  FROM  SUCH
PERSON'S EMPLOYMENT AS AN ELECTED OFFICIAL.
  3.  NO  FORFEITURE ACTION MAY BE COMMENCED BY THE DISTRICT ATTORNEY OR
THE ATTORNEY GENERAL UNTIL RECEIPT OF THE NOTICE OF APPLICABILITY AS SET
FORTH IN SUBDIVISION TWO OF THIS SECTION.  THE DISTRICT ATTORNEY OR  THE
ATTORNEY  GENERAL  MAY  SEEK AN ORDER FROM THE COURT THAT SOME OR ALL OF
THE FORFEITED PENSION BE PAID FOR THE BENEFIT OF ANY DEPENDENT  CHILDREN
AS  JUSTICE  MAY  REQUIRE, AFTER TAKING INTO CONSIDERATION THE FINANCIAL
NEEDS AND RESOURCES AVAILABLE FOR SUPPORT OF SUCH CHILDREN.
  4. UPON MOTION BY THE DISTRICT ATTORNEY OR THE  ATTORNEY  GENERAL,  AS
THE  CASE  MAY  BE,  MADE UPON COMMENCEMENT OF OR AT ANY TIME DURING THE
PENDENCY OF A FORFEITURE ACTION, PURSUANT TO THE PROCEDURE SET FORTH  IN
SUBDIVISION  ONE OF SECTION SIX THOUSAND THREE HUNDRED ELEVEN OR SECTION
SIX THOUSAND THREE HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES,
THE COURT MAY ISSUE A  TEMPORARY  RESTRAINING  ORDER  OR  A  PRELIMINARY
INJUNCTION  PROHIBITING THE DEFENDANT FROM RECEIVING ANY RIGHTS OR BENE-
FITS FROM THE APPROPRIATE RETIREMENT SYSTEM.  A  PRELIMINARY  INJUNCTION
MAY  BE GRANTED WHERE THE COURT FINDS THAT THERE IS A SUBSTANTIAL PROBA-
BILITY THAT THE DISTRICT ATTORNEY OR ATTORNEY GENERAL  WILL  PREVAIL  ON
THE  ISSUE  OF  FORFEITURE.  NO  SHOWING  OF  IRREPARABLE  HARM SHALL BE
REQUIRED. THE COURT MAY NOT CONSIDER ON SUCH MOTION ANY ISSUES PRESENTED
TO THE COURT WHICH HEARD THE CRIMINAL ACTION IN WHICH THE DEFENDANT  WAS
CONVICTED  OR  WHICH  ARISE  OUT  OF  SUCH  CRIMINAL  ACTION  AND MAY BE
PRESENTED ON APPEAL.
  5. ALL DEFENDANTS IN A FORFEITURE  ACTION  BROUGHT  PURSUANT  TO  THIS
ARTICLE SHALL HAVE THE RIGHT TO A HEARING.
  6.  THE  BURDEN  OF  PROOF  SHALL BE UPON THE DISTRICT ATTORNEY OR THE
ATTORNEY GENERAL, AS THE CASE MAY BE, TO PROVE BY CLEAR  AND  CONVINCING
EVIDENCE THE FACTS NECESSARY TO ESTABLISH A CLAIM OF PENSION FORFEITURE.
THE  DISTRICT  ATTORNEY OR THE ATTORNEY GENERAL MUST, AT THE TIME OF THE
HEARING, PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT KNOW-
INGLY AND INTENTIONALLY COMMITTED THE COVERED CRIME.
  7. AT ANY TIME DURING THE PENDENCY OF A FORFEITURE ACTION,  THE  COURT
MAY  DISMISS THE ACTION IF IT FINDS THAT SUCH RELIEF IS WARRANTED BY THE
EXISTENCE OF SOME COMPELLING FACTOR, CONSIDERATION  OR  CIRCUMSTANCE  OR
OTHER  INFORMATION  OR  EVIDENCE WHICH DEMONSTRATES THAT SUCH FORFEITURE
WOULD NOT SERVE THE ENDS OF JUSTICE. THE COURT MAY ORDER  THAT  SOME  OR
ALL  OF  THE  FORFEITED PENSION BE PAID FOR THE BENEFIT OF ANY DEPENDENT
CHILDREN AS JUSTICE MAY REQUIRE, AFTER  TAKING  INTO  CONSIDERATION  THE
FINANCIAL  NEEDS  AND  RESOURCES AVAILABLE FOR SUPPORT OF SUCH CHILDREN.
THE COURT SHALL ISSUE A WRITTEN DECISION STATING THE BASIS FOR AN  ORDER
ISSUED PURSUANT TO THIS SUBDIVISION.
  8.  UPON  A  FINDING  BY  THE COURT THAT THE DEFENDANT HAS COMMITTED A
COVERED CRIME THAT IS RELATED  TO  THE  PERFORMANCE  OF  OR  FAILURE  TO
PERFORM  SUCH  DEFENDANT'S  OFFICIAL  DUTIES  AND RESPONSIBILITIES AS AN

S. 3030                             4

ELECTED OFFICIAL, AND A FINDING THAT  THERE  WAS  CLEAR  AND  CONVINCING
EVIDENCE  THAT  THE  DEFENDANT  -  ELECTED OFFICIAL KNOWINGLY AND INTEN-
TIONALLY COMMITTED THE COVERED FELONY CRIME, THE COURT  SHALL  ISSUE  AN
ORDER  TO  THE  APPROPRIATE  RETIREMENT SYSTEM FOR THE FORFEITURE OF THE
DEFENDANT'S RIGHTS AND BENEFITS AS A MEMBER OR RETIRED  MEMBER  OF  SUCH
SYSTEM AND FOR THE RECOUPMENT OF ALL THE RETIREMENT BENEFITS PAID TO THE
DEFENDANT.    ALL ORDERS AND FINDINGS MADE BY THE COURT PURSUANT TO THIS
SECTION SHALL BE SERVED UPON THE CHIEF ADMINISTRATOR OF THE  DEFENDANT'S
RETIREMENT SYSTEM.
  9.  UPON A FINAL DETERMINATION THAT REVERSES OR VACATES THE CONVICTION
OR CONVICTIONS OF A COVERED CRIME, THE MEMBER OR RETIRED MEMBER WHO  HAS
FORFEITED  RETIREMENT RIGHTS AND BENEFITS PURSUANT TO THIS SECTION SHALL
HAVE SUCH RIGHTS AND BENEFITS RETROACTIVELY RESTORED UPON APPLICATION TO
THE COURT WITH JURISDICTION OVER THE FORFEITURE  ACTION,  REGARDLESS  OF
ANY  TEMPORARY  RESTRAINING ORDER OR PRELIMINARY INJUNCTION WHICH MAY BE
OUTSTANDING OR ORDER WHICH MAY HAVE BEEN ISSUED. SUCH COURT, UPON  FIND-
ING  THAT  SUCH A FINAL DETERMINATION HAS OCCURRED, SHALL ISSUE AN ORDER
RETROACTIVELY RESTORING SUCH RIGHTS AND  BENEFITS,  TOGETHER  WITH  SUCH
OTHER RELIEF DEEMED APPROPRIATE.
  10.  EXCEPT  AS OTHERWISE PROVIDED BY THIS ARTICLE, THE CIVIL PRACTICE
LAW AND RULES SHALL GOVERN THE PROCEDURE IN ACTIONS COMMENCED UNDER THIS
ARTICLE, EXCEPT WHERE  THE  ACTION  IS  REGULATED  BY  ANY  INCONSISTENT
PROVISIONS HEREIN.
  S  158.  MISCELLANEOUS.  THE REMEDIES PROVIDED FOR IN THIS ARTICLE ARE
NOT INTENDED TO SUBSTITUTE FOR, LIMIT OR SUPERSEDE THE LAWFUL  AUTHORITY
OF ANY PUBLIC OFFICER, AGENCY OR OTHER PERSON TO ENFORCE ANY OTHER RIGHT
OR REMEDY PROVIDED FOR BY LAW.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall only apply  to  acts  committed  by  elected
officials on or after such date.

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