Senate Bill S4205

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

                                  4205

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT to amend the public officers law, in relation to removing public
  officials  from  office  who  are  convicted  of  certain  misdemeanor
  offenses

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

  Section 1. Subdivision 1 of section 30 of the public officers law,  as
amended  by  chapter  209 of the laws of 1954, paragraph e as amended by
chapter 454 of the laws of 1987 and paragraph f as  amended  by  chapter
550 of the laws of 1978, is amended to read as follows:
  1.  Every  office  shall  be  vacant  upon the happening of one of the
following events before the expiration of the term thereof:
  a. The death of the incumbent;
  b. His OR HER resignation;
  c. His OR HER removal from office;
  d. His OR HER ceasing to be an inhabitant of the state, or  if  he  OR
SHE  be  a  local  officer,  of  the political subdivision, or municipal
corporation of which he OR SHE is required to be a resident when chosen;
  e. His OR HER conviction of a felony, OR A MISDEMEANOR OFFENSE AGAINST
ANOTHER PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT,  RESTRAINT  OR
INTIMIDATION,  or  a  crime  involving a violation of his OR HER oath of
office, provided, however, that a non-elected  official  may  apply  for
reinstatement  to the appointing authority upon reversal or the vacating
of such conviction where the conviction is the sole basis for the vacan-
cy. After receipt of such application, the  appointing  authority  shall
afford  such  applicant  a hearing to determine whether reinstatement is
warranted. The record of the hearing shall include the final judgment of
the court which reversed or vacated such conviction and may also include
the entire employment history of the applicant and any other submissions

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05588-01-1
              

S. 4205                             2

which may form the  basis  of  the  grant  or  denial  of  reinstatement
notwithstanding  the  reversal  or vacating of such conviction. Notwith-
standing any law to the contrary,  after  review  of  such  record,  the
appointing  authority may, in its discretion, reappoint such non-elected
official to his OR HER former office, or a similar office if his OR  HER
former  office  is  no  longer  available.  In  the  event of such rein-
statement, the appointing authority may, in its discretion, award salary
or compensation in full or in part for the period  from  the  date  such
office became vacant to the date of reinstatement or any part thereof;
  f.  The entry of a judgment or order of a court of competent jurisdic-
tion declaring him OR HER to be incompetent;
  g. The judgment of a court, declaring void  his  OR  HER  election  or
appointment, or that his OR HER office is forfeited or vacant;
  h.  His  OR HER refusal or neglect to file his OR HER official oath or
undertaking, if one is required, before or within thirty days after  the
commencement  of the term of office for which he OR SHE is chosen, if an
elective office, or if an appointive office, within  thirty  days  after
notice  of  his  OR  HER  appointment,  or  within thirty days after the
commencement of such term; or to file a renewal undertaking  within  the
time  required by law, or if no time be so specified, within thirty days
after notice to him OR HER in pursuance of law, that such renewal under-
taking is required. The neglect or failure of any state or local officer
to execute and file his OR HER oath of office and  official  undertaking
within  the  time limited therefor by law, shall not create a vacancy in
the office if such officer was on active duty in the armed forces of the
United States and absent from the county of his OR HER residence at  the
time  of  his  OR HER election or appointment, and shall take his OR HER
oath of office and execute his OR HER official undertaking within thirty
days after receipt of notice of his OR HER election or appointment,  and
provided  such  oath  of office and official undertaking be filed within
ninety days following the date it has been  taken  and  subscribed,  any
inconsistent provision of law, general, special, or local to the contra-
ry, notwithstanding.
  S 2. This act shall take effect immediately.