S T A T E O F N E W Y O R K
________________________________________________________________________
8638
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
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Introduced by M. of A. McDONALD, FAHY -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to the creation of
vacancies in a public office upon entering a guilty plea in federal
court to a felony or crime involving a violation of an oath of office
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph e of subdivision 1 of section 30 of the public
officers law, as amended by chapter 454 of the laws of 1987, is amended
to read as follows:
e. His conviction of a felony, [or] CONVICTION OF a crime involving a
violation of his oath of office OR UPON ENTERING A GUILTY PLEA IN FEDER-
AL COURT TO A FELONY OR CRIME INVOLVING A VIOLATION OF HIS 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
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 former office, or a similar office if his former office
is no longer available. In the event of such reinstatement, the appoint-
ing 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;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.