S T A T E O F N E W Y O R K
________________________________________________________________________
7960
2011-2012 Regular Sessions
I N A S S E M B L Y
May 25, 2011
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Introduced by M. of A. N. RIVERA, CRESPO, CASTRO, ARROYO, RODRIGUEZ,
RAMOS, P. RIVERA, J. RIVERA, MOYA, LINARES, ORTIZ -- Multi-Sponsored
by -- M. of A. ABINANTI, BARRON, BOYLAND, CAMARA, CLARK, COOK, GIBSON,
GLICK, HEASTIE, JEFFRIES, McDONOUGH, McLAUGHLIN, MENG, PERRY, PRETLOW,
ROBINSON, STEVENSON, TITUS, WRIGHT -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to requiring state
employers to report the amount and circumstances of any settlement
paid relating to any misconduct or criminal conduct of a state officer
or employee; and to amend the civil service law, in relation to
directing the president of the civil service commission to compile and
report such information biannually
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 17 of the public officers law is amended by adding
a new subdivision 12 to read as follows:
12. (A)(I) UPON ENTRY OF A FINAL JUDGMENT AGAINST THE STATE OR AN
EMPLOYEE, OR UPON SETTLEMENT OF A CLAIM AGAINST THE STATE OR AN EMPLOY-
EE, WHEN SUCH JUDGMENT OR SETTLEMENT WAS AWARDED UPON A CLAIM OF MISCON-
DUCT OR CRIMINAL CONDUCT OF AN EMPLOYEE, THE AGENCY THAT EMPLOYED SUCH
EMPLOYEE AT THE TIME OF THE CONDUCT SHALL SUBMIT TO THE GOVERNOR, ATTOR-
NEY GENERAL, CIVIL SERVICE COMMISSION AND LEGISLATURE, WITHIN THIRTY
DAYS OF THE JUDGMENT OR SETTLEMENT, A REPORT, IN WRITTEN OR ELECTRONIC
FORMAT, OF THE AMOUNT OF THE JUDGMENT OR CLAIM, AND THE FACTS AND
CIRCUMSTANCES OF THE ALLEGED MISCONDUCT OR CRIMINAL CONDUCT.
(II) NO LATER THAN THE THIRTY-FIRST OF DECEMBER EACH YEAR, EACH STATE
AGENCY THAT HAS A SETTLEMENT OF A CLAIM OR AN ENTRY OF FINAL JUDGMENT
ENTERED AGAINST AN EMPLOYEE OF SUCH AGENCY, OR THE STATE, WITHIN THE
PRECEDING TWELVE MONTH CALENDAR PERIOD AS A RESULT OF MISCONDUCT OR
CRIMINAL CONDUCT OF AN EMPLOYEE OF SUCH AGENCY, SHALL SUBMIT TO THE
GOVERNOR, ATTORNEY GENERAL, CIVIL SERVICE COMMISSION AND LEGISLATURE, AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10937-01-1
A. 7960 2
ANNUAL REPORT, IN WRITTEN OR ELECTRONIC FORMAT, A LIST CONTAINING ALL
SUCH SETTLEMENTS AND JUDGMENTS FROM THE PRECEDING TWELVE MONTHS INVOLV-
ING SUCH AGENCY OR ANY EMPLOYEE THEREOF.
(B) IN ANY CASE IN WHICH THE AMOUNT OF THE JUDGMENT OR CLAIM IS CONFI-
DENTIAL, THE REPORT SHALL STATE SUCH AMOUNT AS WITHIN ONE OF THE FOLLOW-
ING PARAMETERS:
(I) FIVE THOUSAND DOLLARS OR LESS;
(II) TEN THOUSAND DOLLARS OR LESS, BUT MORE THAN FIVE THOUSAND
DOLLARS;
(III) TWENTY-FIVE THOUSAND DOLLARS OR LESS, BUT MORE THAN TEN THOUSAND
DOLLARS;
(IV) ONE HUNDRED THOUSAND DOLLARS OR LESS, BUT MORE THAN TWENTY-FIVE
THOUSAND DOLLARS;
(V) TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS, BUT MORE THAN ONE
HUNDRED THOUSAND DOLLARS;
(VI) ONE MILLION DOLLARS OR LESS, BUT MORE THAN TWO HUNDRED FIFTY
THOUSAND DOLLARS; AND
(VII) MORE THAN ONE MILLION DOLLARS.
S 2. Section 7 of the civil service law is amended by adding a new
subdivision 7 to read as follows:
7. ON OR BEFORE THE FIFTEENTH OF JANUARY AND THE FIFTEENTH OF JULY, HE
OR SHE SHALL COMPILE AND SUBMIT A REPORT, TO THE GOVERNOR, ATTORNEY
GENERAL AND LEGISLATURE, OF ALL INFORMATION RECEIVED BY THE COMMISSION
PURSUANT TO SUBDIVISION TWELVE OF SECTION SEVENTEEN OF THE PUBLIC OFFI-
CERS LAW DURING THE PREVIOUS SIX MONTH CALENDAR PERIOD. IN ADDITION, THE
PRESIDENT SHALL MAKE AVAILABLE AND PUBLISH EACH SUCH REPORT ON THE
INTERNET WEBSITE OF THE DEPARTMENT.
S 3. This act shall take effect immediately.