senate Bill S2525

2013-2014 Legislative Session

Removes public officials from office who are convicted of certain misdemeanor offenses

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 18, 2013 referred to investigations and government operations

S2525 - Bill Details

See Assembly Version of this Bill:
A125
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยง30, Pub Off L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4205, A1690
2009-2010: S6302, A9472

S2525 - Bill Texts

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Removes public officials from office who are convicted of certain misdemeanor offenses.

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BILL NUMBER:S2525

TITLE OF BILL: An act to amend the public officers law, in relation
to removing public officials from office who are convicted of certain
misdemeanor offenses

PURPOSE: This bill amends the Public Officers law to remove from
office a person who is convicted of misdemeanor violence against a
person.

SUMMARY OF PROVISIONS:

Section 1 amends Section 30 of the Public Officers law to require
removal from office for conviction of misdemeanor offenses against any
person involving physical injury, sexual assault, restraint or
intimidation.

Section 2 makes the provisions of this bill effective immediately.

JUSTIFICATION: The current Public Officers law removes a public
official from office for conviction of a felony. It does not, however,
set out consequences for public officials convicted of misdemeanor
violence such as assault, endangerment or harassment.

Public officials should be held to a higher standard and the citizens
of New York deserve to be represented by fellow citizens, who not only
create the laws we live by, but also follow them in their everyday
lives. Violence against another person cannot, under any
circumstances, be reconciled with the obligations and expectations of
a public official, Removal from office upon conviction of such
misdemeanor violence is therefore appropriate.

LEGISLATIVE HISTORY: 2009-2010: A. 9472 - Government Operations; S.
6302 - Investigations and Government Operations
2011-2012: A. 1690 - Government Operations; S. 4205 - Investigations
and Government Operations

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: immediately.

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

                                  2525

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

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.
                                                           LBD00125-01-3

S. 2525                             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.

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