NY State Senate Bill 2015-S2960

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Jan 30, 2015	referred to investigations and government operations

co-Sponsors

2015-S2960 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §80, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2645
2013-2014: S1659

2015-S2960 (ACTIVE) - Summary

Relates to prohibiting the destruction of constituent files by public officials; provides penalties; defines terms.

2015-S2960 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2960

TITLE OF BILL:  An act to amend the public officers law, in relation
to prohibiting the destruction of constituent case files by public
officials

PURPOSE:

The intention of this bill is to prevent the intentional destruction
of active constituent case files by public officials from a
governmental office.

SUMMARY OF PROVISIONS:

Section 1 establishes this act as the "constituent casework protection
act."

Section 2 amends Section 80 of the public officers law, as amended by
chapter 556 of the laws of 1925, to establish a misdemeanor crime
punishable by a fine of $10,000 to $25,000 and/or a term of
imprisonment for up to one year, for any public officer found guilty
of intentionally destroying an active constituent case file. A
constituent file includes any correspondence, written or electronic,
between an elected official and a constituent or any correspondence
between an elected official and other party pertaining to the
constituent's request for assistance.

JUSTIFICATION:

Constituent service is one of the most important functions in any
elected officials' office. When a constituent requests assistance from
an elected official, in most cases, a constituent file is created to
document the initial inquiry or request and to maintain all relevant
correspondence between the officials' office and any other agency,
organization, etc., involved in the resolving the request.

It is particularly troubling that, in the past, politics and personal
malice has led to the intentional destruction or removal of unresolved
constituent case files by an elected official upon leaving office.
These files should be kept intact and remain in the government office
so that the incoming official can continue to assist the constituent
with their unresolved case.

When files are removed or destroyed by a departing official, the newly
elected official has no way of knowing that a constituent is still in
need of assistance. Constituents should not suffer as a result of
political payback.

Under this new bill, any elected official involved with the
destruction of an unresolved constituent case file would be guilty of
a misdemeanor and subject to up to a year in prison and/or a fine of
between $10,000.00 and $25,000.00.

LEGISLATIVE HISTORY:

S. 1659 of 2013-14; Investigations and Government Operations Committee
S.2645 of 2011/12; Investigations and Government Operations Committee


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

2015-S2960 (ACTIVE) - Bill Text download pdf

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

                                  2960

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

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

AN ACT to amend the public officers law, in relation to prohibiting  the
  destruction of constituent case files by public officials

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

  Section 1. This act shall be known and may be cited as the  "constitu-
ent casework protection act".
  S  2. Section 80 of the public officers law, as amended by chapter 556
of the laws of 1925, is amended to read as follows:
  S 80. Delivery of books and papers, money and property.   1. A  public
officer shall demand from his OR HER predecessor in office or any person
in whose possession they may be, a delivery to such officer of all books
and papers, money and property belonging or appertaining to such office.
If  such  demand  is refused, such officer may make complaint thereof to
any justice of the supreme court of the district, or to the county judge
of the county in which the person refusing resides. If such  justice  or
judge  be  satisfied  that  such books or papers, money and property are
withheld, he OR SHE shall grant an order directing the  person  refusing
to  show  cause before him OR HER at a time specified therein, why he OR
SHE should not deliver the same. At such time, or at any time  to  which
the  matter  may be adjourned, on proof of the due service of the order,
such justice or judge shall proceed to inquire into  the  circumstances.
If  the  person charged with withholding such books or papers, money and
property makes affidavit before such justice or judge that he OR SHE has
delivered to the officer all books and papers, money and property in his
OR HER custody which, within his OR HER knowledge,  or  to  his  OR  HER
belief belong or appertain thereto, such proceedings before such justice
or  judge  shall  cease,  and  such  person be discharged. If the person
complained against shall not make such oath, and  it  appears  that  any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05395-01-5

S. 2960                             2

such  books  or  papers,  money and property are withheld by him OR HER,
such justice or judge shall commit him OR HER to the county  jail  until
he  OR  SHE  delivers  such  books and papers, money and property, or is
otherwise  discharged according to law. On such commitment, such justice
or judge, if required by the complainant, shall also issue  his  OR  HER
warrant  directed  to any sheriff or constable, commanding him OR HER to
search, in the daytime, the places designated therein,  for  such  books
and papers, money and property, and to bring them before such justice or
judge.  If  any  such  books and papers, money and property, are brought
before him OR HER by virtue of such warrant, he OR SHE  shall  determine
whether  they appertain to such office, and if so shall cause them to be
delivered to the complainant.
  2. A.  NO PUBLIC OFFICER SHALL KNOWINGLY, WILLFULLY  OR  INTENTIONALLY
DESTROY  CONSTITUENT  CASE FILES, OR PERMIT ANOTHER PERSON TO DO SO. FOR
THE PURPOSES OF THIS SUBDIVISION, CONSTITUENT CASE FILES  SHALL  INCLUDE
ANY  CORRESPONDENCE,  WRITTEN OR ELECTRONIC, BETWEEN AN ELECTED OFFICIAL
AND A CONSTITUENT OR ANY CORRESPONDENCE BETWEEN  SAID  ELECTED  OFFICIAL
AND ANY OTHER PARTY PERTAINING TO: A CONSTITUENT'S GRIEVANCE; OR A QUES-
TION  OF ELIGIBILITY FOR ANY BENEFIT; OR ANY ISSUE REGARDING A CONSTITU-
ENT REQUEST FOR ASSISTANCE.
  B.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS  SUBDIVISION  SHALL
BE  GUILTY  OF  A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE OF AT LEAST
TEN THOUSAND DOLLARS BUT NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS,  OR
TO  A TERM OF IMPRISONMENT OF UP TO ONE YEAR, OR BOTH. THE PROVISIONS OF
THIS SUBDIVISION SHALL NOT APPLY TO: (A) ANY FILES WHICH  ARE  PROTECTED
BY  ATTORNEY-CLIENT PRIVILEGE, OR (B) ANY DESTRUCTION OF FILES WHICH THE
CONSTITUENT CONSENTS  TO  IN  WRITING,  OR  (C)  CORRESPONDENCE  FROM  A
CONSTITUENT  PRIMARILY ADVOCATING FOR OR AGAINST LEGISLATION, OR (D) ANY
FILES WHICH RELATE TO MATTERS WHICH HAVE BEEN RESOLVED.
  S 3. This act shall take effect immediately.

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Senate Bill S2960

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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co-Sponsors

2015-S2960 (ACTIVE) - Details

2015-S2960 (ACTIVE) - Summary

2015-S2960 (ACTIVE) - Sponsor Memo

2015-S2960 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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co-Sponsors

Tony Avella

2015-S2960 (ACTIVE) - Details

2015-S2960 (ACTIVE) - Summary

2015-S2960 (ACTIVE) - Sponsor Memo

2015-S2960 (ACTIVE) - Bill Text download pdf

Comments