The New York State Senate

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

                                  10002

                          I N  A S S E M B L Y

                              March 4, 2020
                               ___________

Introduced by M. of A. TAYLOR -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the  executive  law, in relation to establishing the
  office of the law enforcement inspector general; and making an  appro-
  priation therefor

  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 233. DEFINITIONS.
        234. ESTABLISHMENT AND ORGANIZATION.
        235. JURISDICTION.
        236. POWERS AND DUTIES.
        237. ANNUAL REPORTS.
        238. DISCLOSURE OF INFORMATION.
  §  233. 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 THE VARIETY OF INTELLIGENCE
AND COUNTERINTELLIGENCE TASKS THAT ARE CARRIED OUT  BY  LAW  ENFORCEMENT
AND  INTELLIGENCE  AGENCIES,  WHICH  SHALL INCLUDE BUT NOT BE LIMITED TO
ANALYSIS AND  PRODUCTION;  COLLECTION;  DISSEMINATION  AND  INTEGRATION;
EVALUATION  AND  FEEDBACK;  PLANNING  AND  DIRECTION; AND PROCESSING AND
EXPLOITATION OF  INFORMATION  COLLECTED  FROM  TARGETED  INDIVIDUALS  OR
GROUPS.
  3.  "INTELLIGENCE AGENCIES" SHALL MEAN ANY GOVERNMENT AGENCIES RESPON-
SIBLE FOR THE COLLECTION, ANALYSIS OR EXPLOITATION  OF  INFORMATION  AND
INTELLIGENCE  IN  SUPPORT OF LAW ENFORCEMENT, NATIONAL SECURITY, DEFENSE
AND HOMELAND SECURITY OBJECTIVES.
  4. "LAW ENFORCEMENT AGENCIES" SHALL MEAN ANY ORGANIZATIONAL UNITS,  OR
SUBUNITS, OF THE FEDERAL, STATE, COUNTY OR MUNICIPAL GOVERNMENT WITH THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD09532-01-9

A. 10002                            2

PRINCIPLE FUNCTIONS OF PREVENTION, DETECTION, AND INVESTIGATION OF CRIME
AND THE APPREHENSION OF ALLEGED OFFENDERS.
  §  234. 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 FOR A TERM OF FIVE YEARS.
  3. THE INSPECTOR SHALL REPORT DIRECTLY TO THE GOVERNOR.
  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 NOT EXCEED THE SALARY OF  CERTAIN
STATE  OFFICERS  AS  DEFINED  IN  SECTION ONE HUNDRED SIXTY-NINE OF THIS
CHAPTER.
  § 235. 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.
  § 236.  POWERS AND DUTIES. 1. GENERAL. (A) THE  INSPECTOR  SHALL  MAKE
ANY  INVESTIGATION  OF THE COVERED AGENCIES DIRECTED BY THE GOVERNOR, OR
THE SENATE AND THE ASSEMBLY ACTING BY JOINT RESOLUTION.
  (B) THE INSPECTOR IS AUTHORIZED AND EMPOWERED TO  MAKE  ANY  STUDY  OR
INVESTIGATION  OF THE COVERED AGENCIES THAT IN HIS OR HER OPINION MAY BE
IN THE BEST INTERESTS OF THE STATE, INCLUDING BUT NOT LIMITED TO  INVES-
TIGATIONS  OF  THE  AFFAIRS,  FUNCTIONS, ACCOUNTS, METHODS, PERSONNEL OR
EFFICIENCY OF ANY COVERED AGENCY, OR  WHETHER  SUCH  COVERED  AGENCY  OR
AGENCIES  ARE ACTING IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OR
LOCAL LAWS, REGULATIONS OR RULES, OR LOCAL ORDINANCES.
  (C) FOR ANY INVESTIGATION MADE PURSUANT TO THIS SECTION, THE INSPECTOR
SHALL PREPARE A WRITTEN  REPORT  OR  STATEMENT  OF  FINDINGS  AND  SHALL
FORWARD  A  COPY OF SUCH REPORT OR STATEMENT TO THE REQUESTING PARTY, IF
ANY. IN THE EVENT THAT THE MATTER INVESTIGATED INVOLVES OR  MAY  INVOLVE
ALLEGATIONS  OF  CRIMINAL  CONDUCT,  OR CONDUCT THAT VIOLATES ANY OR ALL
APPLICABLE FEDERAL, STATE OR LOCAL LAWS,  REGULATIONS,  RULES  OR  LOCAL
ORDINANCES,  THE  INSPECTOR, UPON COMPLETION OF THE INVESTIGATION, SHALL
ALSO FORWARD A COPY OF HIS OR HER WRITTEN REPORT OR STATEMENT  OF  FIND-
INGS  TO  THE GOVERNOR, AND TO THE ATTORNEY GENERAL OF NEW YORK STATE OR
APPROPRIATE PROSECUTING ATTORNEY, OR, IN THE EVENT THE  MATTER  INVESTI-
GATED  INVOLVES  OR  MAY  INVOLVE  A  CONFLICT  OF INTEREST OR UNETHICAL
CONDUCT, AS SUCH ARE DEFINED IN THE PUBLIC OFFICERS LAW AND ALL APPLICA-
BLE LOCAL MUNICIPAL CODES OF ETHICS, TO  THE  BOARD  OF  ETHICS  OF  THE
APPROPRIATE POLITICAL ENTITY OR SUBDIVISION.
  (D)  THE  JURISDICTION  OF  THE  INSPECTOR SHALL EXTEND TO ANY COVERED
AGENCY, OFFICER, OR EMPLOYEE OF SUCH AGENCIES, OR ANY PERSON  OR  ENTITY
DOING  BUSINESS  WITH SUCH AGENCIES, OR ANY PERSON OR ENTITY WHO IS PAID
OR RECEIVES MONEY FROM OR THROUGH THE COVERED AGENCIES.
  (E) THE INSPECTOR MAY APPOINT THREE  DEPUTIES,  EITHER  OF  WHOM  MAY,
SUBJECT  TO  THE  DIRECTION  OF THE INSPECTOR, CONDUCT OR PRESIDE AT ANY

A. 10002                            3

INVESTIGATIONS AUTHORIZED  BY  THIS  CHAPTER.  THE  INSPECTOR  MAY  ALSO
APPOINT  SUCH  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 WITH THE AMOUNTS APPROPRIATED
THEREFOR.
  2. INVESTIGATIONS. (A)(I) FOR THE PURPOSE  OF  ASCERTAINING  FACTS  IN
CONNECTION  WITH  ANY STUDY OR INVESTIGATION AUTHORIZED BY THIS CHAPTER,
THE INSPECTOR AND EACH DEPUTY  SHALL  HAVE  FULL  POWER  TO  COMPEL  THE
ATTENDANCE OF WITNESSES, INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE
SUBPOENAS  AND SUBPOENAS DUCES TECUM, TO ADMINISTER OATHS AND TO EXAMINE
SUCH PERSONS AS HE OR SHE MAY DEEM NECESSARY.
  (II) THE INSPECTOR SHALL HAVE THE POWER TO REQUIRE THE  PRODUCTION  OF
ANY  BOOKS  AND PAPERS DEEMED RELEVANT OR MATERIAL TO ANY INVESTIGATION,
EXAMINATION OR REVIEW.
  (III) THE INSPECTOR SHALL HAVE THE POWER, NOTWITHSTANDING ANY  LAW  TO
THE  CONTRARY, TO EXAMINE AND COPY OR REMOVE DOCUMENTS OR RECORDS OF ANY
KIND PREPARED, MAINTAINED OR HELD BY ANY COVERED AGENCY. THE REMOVAL  OF
SUCH  RECORDS SHALL BE LIMITED TO THOSE CIRCUMSTANCES, AT THE DISCRETION
OF THE INSPECTOR, IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN  APPRO-
PRIATE  LEGAL  OR  INVESTIGATIVE PURPOSE, PROVIDED 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.
  (B)  THE  INSPECTOR OR ANY AGENT OR EMPLOYEE OF THE OFFICE DULY DESIG-
NATED IN WRITING BY HIM OR HER FOR SUCH PURPOSES MAY ADMINISTER OATHS OR
AFFIRMATIONS, EXAMINE WITNESSES IN PUBLIC OR  PRIVATE  HEARING,  RECEIVE
EVIDENCE AND PRESIDE AT OR CONDUCT ANY SUCH STUDY OR INVESTIGATION.
  3.  REPORTS.  THE  INSPECTOR SHALL FORWARD TO THE GOVERNOR, AND TO THE
TEMPORARY PRESIDENT OF THE SENATE  AND  SPEAKER  OF  THE  ASSEMBLY,  THE
MINORITY  LEADERS  OF  THE SENATE AND ASSEMBLY, THE CHAIRS OF THE SENATE
AND ASSEMBLY STANDING COMMITTEES ON INVESTIGATIONS,  THE  COMMANDANT  OF
THE STATE POLICE, THE COMMISSIONER OF THE NEW YORK POLICE DEPARTMENT AND
THE  ATTORNEY  GENERAL OF NEW YORK STATE, A COPY OF ALL REPORTS PREPARED
BY THE INSPECTOR AND HIS OR HER  AGENTS  AND  EMPLOYEES  CONCERNING  THE
AFFAIRS,  FUNCTIONS,  ACCOUNTS,  METHODS, PERSONNEL OR EFFICIENCY OF ANY
COVERED AGENCY, UPON ISSUANCE BY THE COMMISSIONER.
  § 237. ANNUAL REPORTS. 1. THE INSPECTOR SHALL,  NO  LATER  THAN  MARCH
THIRTY-FIRST  OF  EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A
REPORT SUMMARIZING 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.
  §  238.  DISCLOSURE  OF  INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE
INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY  OTHER  PROVISION
OF LAW.
  §  2. The sum of ten million dollars ($10,000,000), or so much thereof
as may be necessary, is hereby appropriated to the  office  of  the  law
enforcement inspector general out of any moneys in the state treasury in

A. 10002                            4

the general fund to the credit of the state purposes account, not other-
wise  appropriated,  and  made immediately available, for the purpose of
carrying out the provisions of this act. Such moneys shall be payable on
the  audit  and  warrant  of  the  comptroller  on vouchers certified or
approved by the comptroller in the manner prescribed by law.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date are authorized to be made and
completed on or before such effective date.

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

                                10002--A

                          I N  A S S E M B L Y

                              March 4, 2020
                               ___________

Introduced  by  M.  of A. TAYLOR, VANEL -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 section 75  to
read as follows:
  §  75.  OFFICE  OF THE LAW ENFORCEMENT INSPECTOR GENERAL. 1. JURISDIC-
TION.  THIS SECTION SHALL, SUBJECT TO THE LIMITATIONS CONTAINED IN  THIS
SECTION, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES OF THIS SECTION
"COVERED AGENCY" MEANS A POLICE AGENCY OR DEPARTMENT OF THE STATE OR ANY
POLITICAL  SUBDIVISION  THEREOF, INCLUDING AUTHORITIES OR AGENCIES MAIN-
TAINING A POLICE FORCE OR POLICE FORCES OF INDIVIDUALS DEFINED AS POLICE
OFFICERS IN SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW.    WHEREVER  A
COVERED  AGENCY  IS  A  BOARD,  COMMISSION, A PUBLIC AUTHORITY OR PUBLIC
BENEFIT CORPORATION, THE HEAD OF THE AGENCY IS THE CHAIRPERSON THEREOF.
  2. ESTABLISHMENT AND ORGANIZATION. (A) THERE IS HEREBY ESTABLISHED THE
OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL  IN  THE  DEPARTMENT  OF
LAW.  THE  HEAD  OF  THE  OFFICE  SHALL BE THE LAW ENFORCEMENT INSPECTOR
GENERAL WHO SHALL BE APPOINTED BY THE ATTORNEY GENERAL.
  (B) THE LAW ENFORCEMENT INSPECTOR GENERAL SHALL SERVE FOR A  FIVE-YEAR
TERM AND SHALL NOT HOLDOVER PURSUANT TO SECTION FIVE OF THE PUBLIC OFFI-
CERS  LAW.    UPON  THE EXPIRATION OF A FIVE-YEAR TERM OR A VACANCY, THE
ATTORNEY GENERAL SHALL REAPPOINT THE OFFICE HOLDER OR APPOINT A  SUCCES-
SOR WITHIN SIXTY DAYS.  THE ATTORNEY GENERAL MAY REMOVE THE LAW ENFORCE-
MENT  INSPECTOR GENERAL DURING HIS OR HER TERM ONLY FOR GOOD CAUSE AFTER
AN OPPORTUNITY TO BE HEARD.
  (C) THE LAW ENFORCEMENT INSPECTOR GENERAL  MAY  APPOINT  ONE  OR  MORE
DEPUTY INSPECTORS GENERAL TO SERVE AT HIS OR HER PLEASURE.

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

                                                           LBD09532-02-0

A. 10002--A                         2

  (D)  THE  SALARY  OF  THE  LAW  ENFORCEMENT INSPECTOR GENERAL SHALL BE
ESTABLISHED WITHIN THE LIMIT OF  FUNDS  AVAILABLE  THEREFORE;  PROVIDED,
HOWEVER, SUCH SALARY SHALL BE NO LESS THAN THE SALARIES OF CERTAIN STATE
OFFICERS HOLDING THE POSITIONS INDICATED IN PARAGRAPH (A) OF SUBDIVISION
ONE OF SECTION ONE HUNDRED SIXTY-NINE OF THIS CHAPTER.
  (E) THE MISSION OF THE OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
SHALL  BE  TO  REVIEW, STUDY, AUDIT AND MAKE RECOMMENDATIONS RELATING TO
THE OPERATIONS, POLICIES,  PROGRAMS  AND  PRACTICES,  INCLUDING  ONGOING
PARTNERSHIPS WITH OTHER LAW ENFORCEMENT AGENCIES, OF STATE AND LOCAL LAW
ENFORCEMENT AGENCIES WITH THE GOAL OF ENHANCING THE EFFECTIVENESS OF LAW
ENFORCEMENT,  INCREASING  PUBLIC  SAFETY, PROTECTING CIVIL LIBERTIES AND
CIVIL RIGHTS, ENSURING COMPLIANCE WITH  CONSTITUTIONAL  PROTECTIONS  AND
LOCAL, STATE AND FEDERAL LAWS, AND INCREASING THE PUBLIC'S CONFIDENCE IN
LAW ENFORCEMENT.
  3.  FUNCTIONS  AND DUTIES. THE LAW ENFORCEMENT INSPECTOR GENERAL SHALL
HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (A) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, USE  OF
EXCESSIVE  FORCE,  CRIMINAL  ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN
ANY COVERED AGENCY;
  (B) INFORM THE HEADS OF COVERED AGENCIES OF SUCH ALLEGATIONS  AND  THE
PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
REQUIRE CONFIDENTIALITY;
  (C)  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;
  (D) PREPARE AND RELEASE TO THE  PUBLIC  WRITTEN  REPORTS  OF  INVESTI-
GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES AND OTHER INFORMA-
TION THAT WOULD BE EXEMPT FROM  DISCLOSURE  UNDER  ARTICLE  SIX  OF  THE
PUBLIC  OFFICERS LAW. THE RELEASE OF ALL OR PORTIONS OF SUCH REPORTS MAY
BE TEMPORARILY DEFERRED TO PROTECT THE CONFIDENTIALITY OF ONGOING INVES-
TIGATIONS;
  (E) REVIEW AND EXAMINE PERIODICALLY THE  POLICIES  AND  PROCEDURES  OF
COVERED  AGENCIES  WITH  REGARD  TO  THE  PREVENTION  AND  DETECTION  OF
CORRUPTION, FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY,  CONFLICTS
OF INTEREST AND ABUSE;
  (F)  RECOMMEND  REMEDIAL  ACTION  TO  PREVENT OR ELIMINATE CORRUPTION,
FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF  INTEREST
AND ABUSE IN COVERED AGENCIES; AND
  (G)  INVESTIGATE PATTERNS, PRACTICES, SYSTEMIC ISSUES, OR TRENDS IDEN-
TIFIED BY ANALYZING ACTIONS,  CLAIMS,  COMPLAINTS,  AND  INVESTIGATIONS,
INCLUDING,  BUT NOT LIMITED TO, ANY PATTERNS OR TRENDS REGARDING DEPART-
MENTS, PRECINCTS, AND COMMANDS; AND
  (H) ON AN ANNUAL BASIS, SUBMIT TO THE GOVERNOR, THE ATTORNEY  GENERAL,
THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF  THE  ASSEMBLY,
NO LATER THAN DECEMBER THIRTY-FIRST, A REPORT SUMMARIZING THE ACTIVITIES
OF  THE  LAW  ENFORCEMENT  INSPECTOR  GENERAL  AND RECOMMENDING SPECIFIC
CHANGES TO STATE LAW TO FURTHER THE MISSION OF THE  OFFICE  OF  THE  LAW
ENFORCEMENT INSPECTOR GENERAL.
  4.  POWERS. THE LAW ENFORCEMENT INSPECTOR GENERAL SHALL HAVE THE POWER
TO:
  (A) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
  (B) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;

A. 10002--A                         3

  (C) REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT  OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  (D)  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;
  (E)  REQUIRE  ANY  OFFICER  OR  EMPLOYEE IN A COVERED AGENCY TO ANSWER
QUESTIONS 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;
  (F) MONITOR THE IMPLEMENTATION BY COVERED AGENCIES OF ANY  RECOMMENDA-
TIONS MADE BY THE LAW ENFORCEMENT INSPECTOR GENERAL; AND
  (G)  PERFORM  ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
  5. RESPONSIBILITIES OF COVERED AGENCIES, OFFICERS AND  EMPLOYEES.  (A)
EVERY  OFFICER  OR EMPLOYEE IN A COVERED AGENCY SHALL REPORT PROMPTLY TO
THE  LAW  ENFORCEMENT  INSPECTOR  GENERAL  ANY  INFORMATION   CONCERNING
CORRUPTION,  FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS
OF INTEREST OR ABUSE BY ANOTHER OFFICER OR EMPLOYEE RELATING TO  HIS  OR
HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSINESS DEALINGS WITH A
COVERED  AGENCY  RELATING  TO THOSE DEALINGS. THE KNOWING FAILURE OF ANY
OFFICER OR EMPLOYEE TO SO REPORT SHALL BE CAUSE FOR REMOVAL FROM  OFFICE
OR  EMPLOYMENT OR OTHER APPROPRIATE PENALTY. ANY OFFICER OR EMPLOYEE WHO
ACTS PURSUANT TO THIS SUBDIVISION BY REPORTING TO  THE  LAW  ENFORCEMENT
INSPECTOR GENERAL SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER
ADVERSE PERSONNEL ACTION.
  (B) UPON RECEIVING AT LEAST FIVE COMPLAINTS FROM FIVE OR MORE INDIVID-
UALS  RELATING  TO  AT LEAST FIVE SEPARATE INCIDENTS INVOLVING A CERTAIN
OFFICER OR EMPLOYEE WITHIN TWO YEARS, THE HEAD  OF  ANY  COVERED  AGENCY
SHALL REFER SUCH COMPLAINTS TO THE LAW ENFORCEMENT INSPECTOR GENERAL FOR
REVIEW.  THE  LAW  ENFORCEMENT  INSPECTOR GENERAL SHALL INVESTIGATE SUCH
COMPLAINTS TO DETERMINE WHETHER THE  SUBJECT  OFFICER  OR  EMPLOYEE  HAS
ENGAGED  IN A PATTERN OR PRACTICE OF MISCONDUCT, USE OF EXCESSIVE FORCE,
OR ACTS OF DISHONESTY. THE REFERRAL AND INVESTIGATION PURSUANT  TO  THIS
SUBDIVISION  SHALL  BE IN ADDITION TO AND SHALL NOT SUPERSEDE ANY CIVIL,
CRIMINAL, ADMINISTRATIVE OR OTHER ACTION OR PROCEEDING RELATING TO  SUCH
COMPLAINTS OR THE SUBJECT OFFICER OR EMPLOYEE.
  (C)  THE  HEAD  OF  ANY  COVERED AGENCY SHALL ADVISE THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
MINORITY  LEADER  OF  THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY
WITHIN NINETY DAYS OF THE ISSUANCE OF A REPORT BY  THE  STATE  INSPECTOR
GENERAL  AS TO THE REMEDIAL ACTION THAT THE AGENCY HAS TAKEN IN RESPONSE
TO ANY RECOMMENDATION FOR SUCH ACTION CONTAINED IN SUCH REPORT.
  (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR
DIMINISH THE RIGHTS, PRIVILEGES, BENEFITS OR REMEDIES THAT ACCRUE TO ANY
EMPLOYEE PURSUANT TO ANY AGREEMENT  ENTERED  INTO  PURSUANT  TO  ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-

A. 10002--A                         4

ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  §  3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.