NY State Senate Bill 2015-S6888A

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2016	print number 6888a
May 19, 2016	amend (t) and recommit to finance
Mar 03, 2016	referred to finance

Bill Amendments

Original

A (Active)

2015-S6888 - Details

See Assembly Version of this Bill:: A10289
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §94, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5143, A1756
2019-2020: S3371, A416
2021-2022: S4903, A3944

2015-S6888 - Summary

Relates to meetings and proceedings of the joint commission on public ethics.

2015-S6888 - Sponsor Memo

                                 BILL NUMBER:  S6888

 TITLE OF BILL :  An act to amend the executive law, in relation to
the joint commission on public ethics and the freedom of information
law

 PURPOSE OR GENERAL IDEA OF BILL :

To require the Joint Commission on Public Ethics to comply with the
requirements of the Freedom of Information Law (FOIL) and the Open
Meetings Law.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one states that Commission records created after the effective
date of this chapter shall be available for public inspection and
copying pursuant to the provisions of article six of the public
officers law, except that the commission may also deny access to
records or portions thereof that relate to requests from any person or
entity, who is subject to the jurisdiction of the commission and the
requirements of sections seventy-three, seventy-three-a or
seventy-four of the public officers law or article one-a of the
legislative law or applicable regulations, for advice and guidance or
approval relating to said provisions. A list of certain records of the
commission created before the effective date of this chapter which
shall be available for public inspection and copying is set forth.

Section one further provides that meetings and proceedings of the
Commission shall be open to the public pursuant the Open Meetings Law.

Section two provides the effective date.

 JUSTIFICATION :

Under current law, the Joint Commission on Public Ethics (JCOPE) is
exempt from the Freedom of Information Law (FOIL) and the Open
Meetings Law. Unlike other government entities, JCOPE proceedings take
place in secret, and as of now, details related to their proceedings
cannot be made public through a FOIL request. This means that when the
Committee decides not to investigate potential ethics violations
committed by a candidate or elected official, the public cannot hold
JCOPE and the officials that nominated JCOPE members accountable for
their actions.

In November of 2015, the Albany Times-Union released an editorial
highlighting the flaws in the state's ethics commission. It was noted
that JCOPE is "too secretive and too susceptible to conflicts of
interests," and has the power to stymie investigations all while
functioning with the protection of exemption from FOIL and the Open
Meetings Law.

This lack of transparency and accountability has led to the public's
great mistrust of the legislature. In its annual report to the
Governor and State Legislature, the Committee on Open Government
endorsed this proposed legislation as a way to address this issue, and
increase the accountability of JCOPE to the public. Bringing JCOPE
under the purview of the Freedom of Information Law (FOIL) and the
Open Meetings Law will help to restore the public's confidence in the
integrity of the legislative system.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

This bill will have no fiscal impact to the State.
 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6888 - Bill Text download pdf

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

                                  6888

                            I N  S E N A T E

                              March 3, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- 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 the  joint  commission
  on public ethics and the freedom of information law

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

  Section 1. Paragraphs (a) and (b) of subdivision 19 of section  94  of
the  executive  law, as amended by section 6 of part A of chapter 399 of
the laws of 2011, are amended and a new paragraph (a-1) is added to read
as follows:
  (a) [Notwithstanding the provisions of article six of the public offi-
cers law, the only records of the commission which  shall  be  available
for public inspection and copying are:
  (1)  the  information  set  forth  in an annual statement of financial
disclosure filed pursuant to section seventy-three-a of the public offi-
cers law except information deleted pursuant to paragraph (h) of  subdi-
vision nine of this section;
  (2)  notices  of  delinquency  sent  under  subdivision twelve of this
section;
  (3) notices of civil assessments  imposed  under  this  section  which
shall include a description of the nature of the alleged wrongdoing, the
procedural  history  of  the  complaint, the findings and determinations
made by the commission, and any sanction imposed;
  (4) the terms of any settlement or compromise of a complaint or refer-
ral which includes a fine, penalty or other remedy;
  (5) those required to be held or maintained publicly available  pursu-
ant to article one-A of the legislative law; and
  (6)  substantial  basis investigation reports issued by the commission
pursuant to subdivision fourteen-a or fourteen-b of this  section.  With
respect  to reports concerning members of the legislature or legislative
employees or candidates for member of the legislature, the joint commis-
sion shall not publicly disclose or otherwise disseminate  such  reports
except in conformance with the requirements of paragraph (b) of subdivi-
sion  nine of section eighty of the legislative law.] COMMISSION RECORDS

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

                                                           LBD13985-01-6

S. 6888                             2

CREATED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND SIXTEEN WHICH AMENDED THIS PARAGRAPH SHALL BE AVAILABLE FOR  PUBLIC
INSPECTION  AND COPYING PURSUANT TO THE PROVISIONS OF ARTICLE SIX OF THE
PUBLIC  OFFICERS LAW, EXCEPT THAT THE COMMISSION MAY ALSO DENY ACCESS TO
RECORDS OR PORTIONS THEREOF THAT RELATE TO REQUESTS FROM ANY  PERSON  OR
ENTITY,  WHO  IS  SUBJECT  TO THE JURISDICTION OF THE COMMISSION AND THE
REQUIREMENTS OF SECTIONS SEVENTY-THREE, SEVENTY-THREE-A OR  SEVENTY-FOUR
OF  THE  PUBLIC  OFFICERS LAW OR ARTICLE ONE-A OF THE LEGISLATIVE LAW OR
APPLICABLE REGULATIONS, FOR ADVICE AND GUIDANCE OR APPROVAL RELATING  TO
SAID PROVISIONS.
  (A-1)  NOTWITHSTANDING  THE  PROVISIONS  OF  ARTICLE SIX OF THE PUBLIC
OFFICERS LAW, THE ONLY RECORDS OF  THE  COMMISSION  CREATED  BEFORE  THE
CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS PARAGRAPH
WHICH SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND COPYING ARE:
  (1)  THE  INFORMATION  SET  FORTH  IN AN ANNUAL STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW EXCEPT THE CATEGORIES OF VALUE OR AMOUNT,  WHICH  SHALL  REMAIN
CONFIDENTIAL,  AND  ANY  OTHER  ITEM  OF INFORMATION DELETED PURSUANT TO
PARAGRAPH (H) OF SUBDIVISION NINE OF THIS SECTION;
  (2) THE INFORMATION SET FORTH IN  AN  ANNUAL  STATEMENT  OF  FINANCIAL
DISCLOSURE FILED PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS  LAW EXCEPT INFORMATION DELETED PURSUANT TO PARAGRAPH (H) OF SUBDI-
VISION NINE OF THIS SECTION;
  (3) NOTICES OF DELINQUENCY  SENT  UNDER  SUBDIVISION  TWELVE  OF  THIS
SECTION;
  (4)  NOTICES  OF  CIVIL  ASSESSMENTS  IMPOSED UNDER THIS SECTION WHICH
SHALL INCLUDE A DESCRIPTION OF THE NATURE OF THE ALLEGED WRONGDOING, THE
PROCEDURAL HISTORY OF THE COMPLAINT,  THE  FINDINGS  AND  DETERMINATIONS
MADE BY THE COMMISSION, AND ANY SANCTION IMPOSED;
  (5) THE TERMS OF ANY SETTLEMENT OR COMPROMISE OF A COMPLAINT OR REFER-
RAL WHICH INCLUDES A FINE, PENALTY OR OTHER REMEDY;
  (6)  THOSE REQUIRED TO BE HELD OR MAINTAINED PUBLICLY AVAILABLE PURSU-
ANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW; AND
  (7) SUBSTANTIAL BASIS INVESTIGATION REPORTS ISSUED BY  THE  COMMISSION
PURSUANT  TO  SUBDIVISION FOURTEEN-A OR FOURTEEN-B OF THIS SECTION. WITH
RESPECT TO REPORTS CONCERNING MEMBERS OF THE LEGISLATURE OR  LEGISLATIVE
EMPLOYEES OR CANDIDATES FOR MEMBER OF THE LEGISLATURE, THE JOINT COMMIS-
SION  SHALL  NOT PUBLICLY DISCLOSE OR OTHERWISE DISSEMINATE SUCH REPORTS
EXCEPT IN CONFORMANCE WITH THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVI-
SION NINE OF SECTION EIGHTY OF THE LEGISLATIVE LAW.
  (b) [Notwithstanding the provisions of article  seven  of  the  public
officers  law,  no  meeting or proceeding, including any such proceeding
contemplated under paragraph (h) or (i)  of  subdivision  nine  of  this
section,]  MEETINGS  AND  PROCEEDINGS of the commission shall be open to
the public[, except if expressly provided otherwise by the commission or
as is required by article one-A of  the  legislative  law]  PURSUANT  TO
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. NOTWITHSTANDING THE PROVISIONS
OF  ARTICLE  SEVEN OF THE PUBLIC OFFICERS LAW, COMMISSIONERS MAY PARTIC-
IPATE IN A MEETING OR PROCEEDING OF THE  COMMISSION,  INCLUDING  VOTING,
FROM  A  LOCATION NOT OPEN TO THE GENERAL PUBLIC TO CONDUCT THE BUSINESS
OF THE COMMISSION, SO LONG AS ONE OF THE LOCATIONS FROM WHICH THE  MEET-
ING  OR  PROCEEDING  IS  BEING CONDUCTED COMPLIES WITH THE PROVISIONS OF
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. SUCH PARTICIPATION SHALL COUNT
TOWARDS QUORUM.
  S 2. This act shall take effect immediately.

2015-S6888A (ACTIVE) - Details

See Assembly Version of this Bill:: A10289
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §94, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5143, A1756
2019-2020: S3371, A416
2021-2022: S4903, A3944

2015-S6888A (ACTIVE) - Summary

Relates to meetings and proceedings of the joint commission on public ethics.

2015-S6888A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6888A                Revised 5/20/16

 TITLE OF BILL :

An act to amend the executive law, in relation to meetings and
proceedings of the joint commission on public ethics

 PURPOSE OR GENERAL IDEA OF BILL :

To require the Joint Commission on Public Ethics to comply with the
requirements of the Open Meetings Law.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one provides that meetings and proceedings of the Commission
shall be open to the public pursuant to the Open Meetings Law.

Section two provides the effective date.

 JUSTIFICATION :

Under current law, the Joint Commission on Public Ethics (JCOPE) is
exempt from the Open Meetings Law. Unlike other government entities,
JCOPE proceedings take place in secret, and as of now, details related
to their proceedings cannot be made public.

In November of 2015, the Albany Times-Union released an editorial
highlighting the flaws of the state's ethics commission. It was noted
that JCOPE is "too secretive and too susceptible to conflicts of
interests," and has the power to stymie investigations all while
functioning with the protection of exemption from the Open Meetings
Law.

This lack of transparency and accountability has led to the public's
great mistrust of the legislature. In its annual report to the
Governor and State Legislature, the Committee on Open Government
endorsed this proposed legislation as a way to address this issue, and
increase the accountability of JCOPE to the public. Bringing JCOPE
under the purview of the Open Meetings Law will help to restore the
public's confidence in the integrity of the legislative system.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

No fiscal impact to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6888A (ACTIVE) - Bill Text download pdf

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

                                 6888--A

                            I N  S E N A T E

                              March 3, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  executive  law,  in  relation  to  meetings and
  proceedings of the joint commission on public ethics

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

  Section 1. Paragraph (b) of subdivision 19 of section 94 of the execu-
tive  law,  as amended by section 6 of part A of chapter 399 of the laws
of 2011, is amended to read as follows:
  (b) [Notwithstanding the provisions of article  seven  of  the  public
officers  law,  no  meeting or proceeding, including any such proceeding
contemplated under paragraph (h) or (i)  of  subdivision  nine  of  this
section,]  MEETINGS  AND  PROCEEDINGS of the commission shall be open to
the public[, except if expressly provided otherwise by the commission or
as is required by article one-A of  the  legislative  law]  PURSUANT  TO
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. NOTWITHSTANDING THE PROVISIONS
OF  ARTICLE  SEVEN OF THE PUBLIC OFFICERS LAW, COMMISSIONERS MAY PARTIC-
IPATE IN A MEETING OR PROCEEDING OF THE  COMMISSION,  INCLUDING  VOTING,
FROM  A  LOCATION NOT OPEN TO THE GENERAL PUBLIC TO CONDUCT THE BUSINESS
OF THE COMMISSION, SO LONG AS ONE OF THE LOCATIONS FROM WHICH THE  MEET-
ING  OR  PROCEEDING  IS  BEING CONDUCTED COMPLIES WITH THE PROVISIONS OF
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. SUCH PARTICIPATION SHALL COUNT
TOWARDS QUORUM.  FURTHERMORE, THE COMMISSION SHALL MAINTAIN A RECORD  OF
THE  FINAL  VOTE OF EACH MEMBER IN EVERY PROCEEDING OF THE COMMISSION IN
WHICH THE MEMBER VOTES.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13985-04-6

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Senate Bill S6888A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2015-S6888 - Details

2015-S6888 - Summary

2015-S6888 - Sponsor Memo

2015-S6888 - Bill Text download pdf

2015-S6888A (ACTIVE) - Details

2015-S6888A (ACTIVE) - Summary

2015-S6888A (ACTIVE) - Sponsor Memo

2015-S6888A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6888A

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2015-S6888 - Details

2015-S6888 - Summary

2015-S6888 - Sponsor Memo

2015-S6888 - Bill Text download pdf

2015-S6888A (ACTIVE) - Details

2015-S6888A (ACTIVE) - Summary

2015-S6888A (ACTIVE) - Sponsor Memo

2015-S6888A (ACTIVE) - Bill Text download pdf

Comments