Senate Bill S6695

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

                                  6695

                            I N  S E N A T E

                              March 9, 2012
                               ___________

Introduced by Sens. PARKER, ADAMS -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN  ACT  to  amend  the  executive  law, in relation to establishing the
  office of the law enforcement inspector general

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

  Section  1.  The executive law is amended by adding a new article 11-A
to read as follows:
                              ARTICLE 11-A
             OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
SECTION 232. JURISDICTION.
        233. ESTABLISHMENT AND ORGANIZATION.
        234. DEFINITIONS.
        235. POWERS.
        236. DISCLOSURE OF INFORMATION.
        237. FUNCTIONS AND DUTIES.
        238. REPORTS.
  S 232. JURISDICTION. THIS ARTICLE SHALL, SUBJECT  TO  THE  LIMITATIONS
CONTAINED  HEREIN, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT INSPEC-
TOR GENERAL JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES  OF
THIS  ARTICLE "COVERED AGENCY" SHALL INCLUDE ALL STATE AND LOCAL GOVERN-
MENT LAW ENFORCEMENT AND INTELLIGENCE AGENCIES, INCLUDING  THE  DIVISION
OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, ENGAGED IN INTELLIGENCE
OPERATIONS.
  S 233. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY  ESTABLISHED
THE  OFFICE  OF  THE  LAW ENFORCEMENT INSPECTOR GENERAL IN THE EXECUTIVE
DEPARTMENT. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR WHO  SHALL  BE
APPOINTED  BY  THE  GOVERNOR,  BY AND WITH THE ADVISE AND CONSENT OF THE
SENATE.
  2. THE INSPECTOR SHALL HOLD OFFICE UNTIL THE END OF THE  TERM  OF  THE
GOVERNOR  BY WHOM HE OR SHE WAS APPOINTED AND UNTIL HIS OR HER SUCCESSOR
IS APPOINTED AND HAS QUALIFIED.
  3. THE INSPECTOR SHALL REPORT DIRECTLY TO THE GOVERNOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14415-03-2
              

S. 6695                             2

  4. SUCH PERSON APPOINTED AS INSPECTOR SHALL, UPON HIS OR HER  APPOINT-
MENT,  HAVE  NOT LESS THAN TEN YEARS PROFESSIONAL EXPERIENCE IN AREAS OF
LAW ENFORCEMENT AND LAW ENFORCEMENT TRAINING,  PROVIDED  THE  EXPERIENCE
INVOLVES EXPERTISE IN INTELLIGENCE OPERATIONS.
  5.  SUCH  PERSON APPOINTED AS INSPECTOR SHALL BE SUBJECT TO A SECURITY
CLEARANCE INVESTIGATION BY A FEDERAL  GOVERNMENT  AGENCY  AUTHORIZED  TO
PERFORM SUCH INVESTIGATIONS.
  6.  THE  SALARY  OF THE INSPECTOR SHALL BE ESTABLISHED BY THE GOVERNOR
WITHIN THE LIMIT OF FUNDS AVAILABLE THEREFOR.
  S 234. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "INSPECTOR"  SHALL  MEAN  THE  LAW  ENFORCEMENT  INSPECTOR GENERAL
CREATED BY THIS ARTICLE.
  2. "INTELLIGENCE OPERATIONS" SHALL MEAN ANY INVESTIGATIVE LAW ENFORCE-
MENT OPERATION, INCLUDING BUT NOT LIMITED TO, SENSITIVE OPERATION PLANS,
SECURITY ACTIVITIES, INTELLIGENCE MATTERS,  COUNTERINTELLIGENCE  MATTERS
AND ONGOING CRIMINAL INVESTIGATIONS.
  S 235. POWERS. THE INSPECTOR SHALL HAVE THE POWER TO:
  1. SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
  2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  3.  REQUIRE  THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  4. APPOINT SUCH DEPUTIES, DIRECTORS, ASSISTANTS AND OTHER OFFICERS AND
EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF HIS OR HER DUTIES  AND
MAY PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS
APPROPRIATED THEREFOR;
  5.  SOLICIT,  RECEIVE  AND  INVESTIGATION COMPLAINTS RELATED TO FRAUD,
CORRUPTION AND ABUSE WITHIN A COVERED AGENCY;
  6. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE
DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED  OR  HELD  BY  ANY
COVERED AGENCY. THE REMOVAL OF RECORDS SHALL BE LIMITED TO THOSE CIRCUM-
STANCES IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN APPROPRIATE LEGAL
OR  INVESTIGATIVE  PURPOSE,  PROVIDED THAT IN SUCH INSTANCES THE COPYING
AND RETURN OF SUCH ORIGINAL, OR COPY WHERE THE ORIGINAL IS REQUIRED  FOR
AN  APPROPRIATE  LEGAL  OR  INVESTIGATIVE PURPOSE, IS EXPEDITED AND SUCH
ORIGINAL OR COPY IS READILY ACCESSIBLE BY THE COVERED AGENCY;
  7. REQUIRE ANY OFFICER OR EMPLOYEE IN A COVERED AGENCY TO ANSWER QUES-
TIONS CONCERNING ANY MATTER RELATED TO THE PERFORMANCE  OF  HIS  OR  HER
OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
USED  AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSE-
CUTION OTHER THAN FOR PERJURY OR CONTEMPT ARISING FROM  SUCH  TESTIMONY.
THE  REFUSAL  OF  ANY  OFFICER  OR EMPLOYEE TO ANSWER QUESTIONS SHALL BE
CAUSE FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE  PENAL-
TY;
  8.  MONITOR  THE IMPLEMENTATION BY COVERED AGENCIES OF ANY RECOMMENDA-
TIONS MADE BY THE LAW ENFORCEMENT INSPECTOR GENERAL;
  9. DEVELOP POLICIES, MONITOR AND EVALUATE COVERED  AGENCY  PERFORMANCE
AND PROVIDE GUIDANCE TO ALL COVERED AGENCY ACTIVITIES RELATING TO CRIMI-
NAL INVESTIGATIONS AND OTHER INTELLIGENCE OPERATIONS;
  10.  PERFORM  ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
  S 236. DISCLOSURE OF INFORMATION. THE  INSPECTOR  SHALL  NOT  DISCLOSE
INFORMATION  WHICH  IS PROHIBITED FROM DISCLOSURE BY ANY OTHER PROVISION
OF LAW.
  S 237.  FUNCTIONS AND DUTIES. THE LAW  ENFORCEMENT  INSPECTOR  GENERAL
SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:

S. 6695                             3

  1.  RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD,  CRIMI-
NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN ANY COVERED AGENCY;
  2.  INFORM  THE  HEADS OF COVERED AGENCIES OF SUCH ALLEGATIONS AND THE
PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
REQUIRE CONFIDENTIALITY;
  3. DETERMINE WITH RESPECT TO  SUCH  ALLEGATIONS  WHETHER  DISCIPLINARY
ACTION,  CIVIL  OR  CRIMINAL PROSECUTION, OR FURTHER INVESTIGATION BY AN
APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED, AND  TO  ASSIST
IN SUCH INVESTIGATIONS;
  4.  PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH INVESTI-
GATIONS, AS APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW,  SUBJECT  TO
REDACTION  TO  PROTECT  THE CONFIDENTIALITY OF WITNESSES. THE RELEASE OF
ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
TIALITY OF ONGOING INVESTIGATIONS;
  5. REVIEW AND EXAMINE PERIODICALLY  THE  POLICIES  AND  PROCEDURES  OF
COVERED  AGENCIES  WITH  REGARD  TO  THE  PREVENTION  AND  DETECTION  OF
CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
  6. RECOMMEND REMEDIAL  ACTION  TO  PREVENT  OR  ELIMINATE  CORRUPTION,
FRAUD,  CRIMINAL  ACTIVITY,  CONFLICTS  OF  INTEREST OR ABUSE IN COVERED
AGENCIES;
  7. ESTABLISH  PROGRAMS  FOR  TRAINING  STATE  OFFICERS  AND  EMPLOYEES
REGARDING  THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD, CRIMINAL
ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES.
  S 238. REPORTS. 1. THE INSPECTOR SHALL, NO LATER THAN APRIL  THIRTIETH
OF  EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A REPORT SUMMA-
RIZING THE ACTIVITIES OF THE OFFICE DURING THE PRECEDING CALENDAR YEAR.
  2. (A) THE INSPECTOR SHALL NOT PUBLICLY DISCLOSE INFORMATION WHICH:
  (I) IS A PART OF ANY ONGOING CRIMINAL INVESTIGATION;
  (II) COMPROMISES AN INTELLIGENCE OPERATION;
  (III)  IS  SPECIFICALLY  PROHIBITED  FROM  DISCLOSURE  BY  ANY   OTHER
PROVISION OF LAW.
  (B)  NOTWITHSTANDING  PARAGRAPH  (A)  OF  THIS SUBDIVISION, ANY REPORT
UNDER THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC IN A FORM WHICH
INCLUDES INFORMATION WITH RESPECT TO  A  PART  OF  AN  ONGOING  CRIMINAL
INVESTIGATION  ONLY  IF  SUCH  INFORMATION HAS BEEN INCLUDED IN A PUBLIC
RECORD.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.