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
                               ___________

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.