Assembly Bill A5714

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5714
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of  A. BARCLAY, DiPIETRO, HAWLEY, MONTESANO, BYRNES,
   MORINELLO, SALKA, LEMONDES, LAWLER, J. M. GIGLIO -- Multi-Sponsored by
   -- M. of A. BROWN, DeSTEFANO, GALLAHAN, MANKTELOW  --  read  once  and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the legislative law, in relation to creating an assembly
   standing committee on ethics and guidance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislative law is amended by adding a new  section  68
 to read as follows:
   § 68. ASSEMBLY STANDING COMMITTEE ON ETHICS AND GUIDANCE. 1.  THERE IS
 ESTABLISHED  A STANDING COMMITTEE IN THE ASSEMBLY ON ETHICS AND GUIDANCE
 WHICH SHALL REPLACE THE STANDING COMMITTEE ON  ETHICS  AND  GUIDANCE  AS
 ESTABLISHED BY THE RULES OF THE ASSEMBLY. THE COMMITTEE SHALL CONSIST OF
 AN  EQUAL  NUMBER  OF MAJORITY AND MINORITY MEMBERS FOR A TOTAL OF EIGHT
 MEMBERS. THE  EIGHT  MEMBERS  SHALL  BE  MEMBERS  OF  THE  ASSEMBLY  AND
 APPOINTED  AS  FOLLOWS:  FOUR BY THE SPEAKER OF THE ASSEMBLY AND FOUR BY
 THE MINORITY LEADER OF THE ASSEMBLY.
   2. THE COMMITTEE SHALL SERVE AS DESCRIBED IN THIS SECTION AND HAVE AND
 EXERCISE THE POWERS AND DUTIES SET  FORTH  IN  THIS  SECTION  ONLY  WITH
 RESPECT TO MEMBERS OF THE ASSEMBLY AND ASSEMBLY EMPLOYEES.
   3.  MEMBERS OF THE ASSEMBLY WHO SERVE ON THE COMMITTEE SHALL EACH HAVE
 A TWO YEAR TERM CONCURRENT WITH THEIR LEGISLATIVE TERMS OF OFFICE.
   4. MEMBERS OF THE COMMITTEE MAY ONLY BE REMOVED BY A MAJORITY VOTE  OF
 THE  COMMITTEE  SOLELY FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS MISCONDUCT
 IN  OFFICE,  VIOLATION  OF  THE  CONFIDENTIALITY  RESTRICTIONS  IN  THIS
 SECTION,  INABILITY  TO  DISCHARGE  THE  POWERS  OR  DUTIES OF OFFICE OR
 VIOLATION OF THIS SECTION, AFTER WRITTEN NOTICE AND  OPPORTUNITY  FOR  A
 REPLY.
   5. THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY
 SHALL  EACH  DESIGNATE  ONE  MEMBER OF THE COMMITTEE AS A CO-CHAIRPERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02914-01-1

 A. 5714                             2
 
 THEREOF. THE CO-CHAIRPERSONS SHALL RECEIVE COMPENSATION AS PROVIDED  FOR
 IN SECTION FIVE-A OF THIS CHAPTER.
   6. THE COMMITTEE SHALL MEET AT LEAST BI-MONTHLY AND AT SUCH ADDITIONAL
 TIMES  AS  MAY  BE CALLED FOR BY THE CO-CHAIRPERSONS JOINTLY OR ANY FOUR
 MEMBERS OF THE COMMITTEE.
   7. ANY VACANCY OCCURRING ON THE COMMITTEE SHALL BE FILLED WITHIN THIR-
 TY DAYS BY THE APPOINTING AUTHORITY.
   8. FIVE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A  QUORUM,  AND  THE
 COMMITTEE  SHALL  HAVE POWER TO ACT BY MAJORITY VOTE OF THE TOTAL NUMBER
 OF MEMBERS OF THE COMMITTEE WITHOUT VACANCY.
   9. THE COMMITTEE SHALL BE FUNDED SEPARATELY FROM THE  ASSEMBLY  APPRO-
 PRIATIONS PROVIDED ANNUALLY IN AN AMOUNT DEEMED APPROPRIATE BY AN AGREE-
 MENT  OF  THE CO-CHAIRS FOR THE MAINTENANCE AND OPERATION OF THE COMMIT-
 TEE. SUCH APPROPRIATION FOR THE COMMITTEE SHALL  BE  SPECIFICALLY  LINED
 OUT  IN  THE LEGISLATIVE BUDGET. THE EXECUTIVE DIRECTOR AND EMPLOYEES OF
 THE COMMITTEE SHALL BE CONSIDERED AS EMPLOYEES OF THE ASSEMBLY  FOR  ALL
 PURPOSES.
   10. THE COMMITTEE SHALL:
   (A) APPOINT AN EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE WITH THE
 POLICIES  OF  THE  COMMITTEE, PROVIDED THAT THE COMMITTEE MAY REMOVE THE
 EXECUTIVE DIRECTOR BY A MAJORITY VOTE FOR NEGLECT OF DUTY, MISCONDUCT IN
 OFFICE, OR INABILITY OR FAILURE TO DISCHARGE THE  POWERS  OR  DUTIES  OF
 OFFICE;
   (B)  APPOINT  SUCH  OTHER STAFF AS ARE NECESSARY TO ASSIST IT TO CARRY
 OUT ITS DUTIES UNDER THIS SECTION;
   (C) ADOPT, AMEND, AND RESCIND POLICIES, RULES AND REGULATIONS CONSIST-
 ENT WITH THIS SECTION TO GOVERN PROCEDURES OF THE COMMITTEE;
   (D) ADMINISTER THE PROVISIONS OF THIS SECTION;
   (E) REVIEW ALL RULES AND POLICIES  OF  THE  SPEAKER  OR  THE  ASSEMBLY
 RELATING  TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY, INCLUDING
 BUT NOT LIMITED TO ETHICS, SEXUAL  HARASSMENT  AND  FRATERNIZATION  WITH
 STUDENT  INTERNS,  AND  RECOMMEND TO THE SPEAKER OF THE ASSEMBLY AND THE
 MINORITY LEADER OF THE ASSEMBLY ANY CHANGES TO SUCH RULES  AND  POLICIES
 OR  OFFER  MOTIONS  TO  AMEND RULES OF THE ASSEMBLY, OR OFFER MOTIONS TO
 SUSPEND RULES OF THE ASSEMBLY, OR ADOPT POLICIES RELATING TO CONDUCT  OF
 MEMBERS  AND  EMPLOYEES  OF  THE  ASSEMBLY, INCLUDING BUT NOT LIMITED TO
 ETHICS, SEXUAL HARASSMENT AND FRATERNIZATION WITH STUDENT  INTERNS.  ANY
 SUCH POLICY RELATING TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY
 ADOPTED BY THE COMMITTEE SHALL BE THE POLICY OF THE ASSEMBLY AND SUBJECT
 TO THE PROVISIONS OF THIS SECTION;
   (F)  DEVELOP  AND  REGULARLY  UPDATE  A  COURSE OF INSTRUCTION FOR ALL
 MEMBERS AND EMPLOYEES OF THE ASSEMBLY WITH REGARD TO THE LAWS AND  POLI-
 CIES  GOVERNING  THEIR  CONDUCT.    THE COMMITTEE SHALL RECOMMEND TO THE
 SPEAKER OF THE ASSEMBLY AND  THE  MINORITY  LEADER  OF  THE  ASSEMBLY  A
 CONDUCT  AND  ETHICS  TRAINING PLAN FOR IMPLEMENTING AND SCHEDULING SUCH
 COURSE OF INSTRUCTION FOR MEMBERS, EMPLOYEES AND NEWLY-HIRED EMPLOYEES;
   (G) PREPARE AN ANNUAL REPORT TO THE SPEAKER OF THE  ASSEMBLY  AND  THE
 MINORITY  LEADER  OF  THE  ASSEMBLY  SUMMARIZING  THE  ACTIVITIES OF THE
 COMMITTEE DURING THE PREVIOUS YEAR AND RECOMMENDING ANY CHANGES  IN  THE
 LAWS GOVERNING THE CONDUCT OF PERSONS SUBJECT TO THE JURISDICTION OF THE
 COMMITTEE,  OR  THE  RULES,  REGULATIONS  AND  PROCEDURES  GOVERNING THE
 COMMITTEE'S CONDUCT. SUCH REPORT  SHALL  INCLUDE:    (I)  A  LISTING  BY
 ASSIGNED  NUMBER  OF  EACH  COMPLAINT  INCLUDING  CURRENT STATUS OF EACH
 COMPLAINT, (II) WHERE A MATTER WAS DEFERRED, AND (III)  WHERE  A  MATTER
 HAS  BEEN RESOLVED, THE DATE AND NATURE OF THE DISPOSITION AND ANY SANC-

 A. 5714                             3
 
 TION IMPOSED,  SUBJECT  TO  THE  CONFIDENTIALITY  REQUIREMENTS  OF  THIS
 SECTION; AND
   (H)  INVESTIGATE  COMPLAINTS  AND IMPOSE DISCIPLINARY MEASURES AGAINST
 MEMBERS AND EMPLOYEES FOUND IN VIOLATION OF RULES AND  POLICIES  OF  THE
 SPEAKER OR THE ASSEMBLY OR THE PUBLIC OFFICERS LAW OR OTHER LAW.
   11. INVESTIGATIONS, MANDATORY REPORTING OF VIOLATIONS, AND ENFORCEMENT
 AUTHORITY:
   (A)  THE  COMMITTEE  SHALL  HAVE  THE AUTHORITY, ON ITS OWN ACCORD, TO
 INITIATE BY A MAJORITY VOTE AN INVESTIGATION INTO A POSSIBLE  VIOLATION,
 BY ANY MEMBER OR EMPLOYEE OF THE ASSEMBLY, OF THE RULES OR POLICY OF THE
 SPEAKER OR THE ASSEMBLY OR OF THE PUBLIC OFFICERS LAW OR OTHER LAW.
   (B) ANY FORMAL OR INFORMAL COMPLAINT OF A VIOLATION OF RULES AND POLI-
 CIES  OF  THE SPEAKER OR THE ASSEMBLY RELATING TO CONDUCT OF MEMBERS AND
 EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC  OFFICERS  LAW
 OR OTHER LAW, MUST BE REPORTED TO THE COMMITTEE WITHIN FIVE DAYS OF SUCH
 COMPLAINT  BEING  MADE  TO COUNSEL, OFFICE OF HUMAN RESOURCES, OFFICE OF
 ADMINISTRATION AND PERSONNEL OR INTAKE REPRESENTATIVE.
   (C) THE COMMITTEE SHALL REVIEW SUCH COMPLAINT AT THE NEXT  MEETING  OF
 SUCH  COMMITTEE  AND  DETERMINE  BY MAJORITY VOTE WHETHER TO INVESTIGATE
 SUCH COMPLAINT FURTHER, COMMENCE A FULL  FORMAL  INVESTIGATION  OF  SUCH
 COMPLAINT  OR  DEFER  SUCH  COMPLAINT  TO THE JOINT COMMISSION ON PUBLIC
 ETHICS, THE LEGISLATIVE ETHICS COMMISSION, OR AN APPROPRIATE PROSECUTOR.
 THE STAFF OF THE COMMITTEE SHALL PROVIDE TO THE MEMBERS OF THE COMMITTEE
 PRIOR TO SUCH VOTE INFORMATION REGARDING THE LIKELY SCOPE AND CONTENT OF
 THE INVESTIGATION, AND  A SUBPOENA PLAN, TO THE EXTENT SUCH  INFORMATION
 IS AVAILABLE.
   (D)  IF  THE  COMMITTEE DETERMINES BY MAJORITY VOTE THAT A FULL FORMAL
 INVESTIGATION SHALL COMMENCE THE COMMITTEE SHALL NOTIFY  THE  INDIVIDUAL
 IN  WRITING,  DESCRIBE  THE  POSSIBLE  OR ALLEGED VIOLATION OF RULES AND
 POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATED TO  CONDUCT  OF  MEMBERS
 AND  EMPLOYEES  OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC OFFICERS
 LAW OR OTHER LAW AND PROVIDE THE PERSON WITH A  FIFTEEN  DAY  PERIOD  IN
 WHICH TO SUBMIT A WRITTEN RESPONSE SETTING FORTH INFORMATION RELATING TO
 THE  ACTIVITIES  CITED  AS A POSSIBLE OR ALLEGED VIOLATION OF SUCH RULES
 AND POLICIES.
   (E) THE COMMITTEE HAS THE AUTHORITY TO CONDUCT ANY  INQUIRY  PERTINENT
 OR MATERIAL TO THE DISCHARGE OF THE FUNCTIONS, POWERS AND DUTIES IMPOSED
 BY  LAW;  AND  THROUGH  DESIGNATED  MEMBERS  OF  THE  STAFF, TO SUBPOENA
 WITNESSES, ADMINISTER OATHS, TAKE TESTIMONY AND COMPEL THE PRODUCTION OF
 SUCH BOOKS, PAPERS, RECORDS AND DOCUMENTS AS MAY BE RELEVANT TO ANY SUCH
 INQUIRY AND INVESTIGATION.
   (F) IF THE  COMMITTEE  DETERMINES  AT  ANY  STAGE  THAT  THERE  IS  NO
 VIOLATION,  IT  SHALL  SO  ADVISE THE INDIVIDUAL AND THE COMPLAINANT, IF
 ANY. ALL OF THE FOREGOING PROCEEDINGS SHALL BE CONFIDENTIAL.
   (G) THE JURISDICTION OF THE COMMITTEE WHEN  ACTING  PURSUANT  TO  THIS
 SECTION  SHALL CONTINUE NOTWITHSTANDING THAT A MEMBER OF THE ASSEMBLY OR
 ASSEMBLY EMPLOYEE SEPARATES FROM ASSEMBLY  SERVICE,  PROVIDED  THAT  THE
 COMMITTEE NOTIFIES SUCH INDIVIDUAL OF THE ALLEGED VIOLATION OF RULES AND
 POLICIES  OF  THE SPEAKER OR THE ASSEMBLY RELATING TO CONDUCT OF MEMBERS
 AND EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE  PUBLIC  OFFICERS
 LAW  PURSUANT  TO PARAGRAPH (C) OF THIS SUBDIVISION WITHIN ONE YEAR FROM
 HIS OR HER SEPARATION FROM ASSEMBLY SERVICE.
   (H) IF DURING THE COURSE OF ITS INVESTIGATION THE COMMITTEE DEEMS THAT
 A VIOLATION OF RULES AND POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATED
 TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY OR  A  VIOLATION  OF

 A. 5714                             4
 
 THE  PUBLIC  OFFICERS LAW OR OTHER LAW HAS OCCURRED, THE COMMITTEE SHALL
 NOTIFY THE INDIVIDUAL IN WRITING.
   (I)  THE  COMMITTEE  SHALL HAVE THE AUTHORITY TO (I) RECOMMEND PUNISH-
 MENTS FOR VIOLATIONS OF RULES AND POLICIES OF THE SPEAKER OR THE  ASSEM-
 BLY,  OR THE PUBLIC OFFICERS LAW OR OTHER LAW, INCLUDING BUT NOT LIMITED
 TO CENSURE, STRIPPING  MEMBERS  OF  LEADERSHIP  POSITIONS  OR  EXPULSION
 PURSUANT  TO  SECTION  THREE  OF  THIS CHAPTER AND (II) ACCESS PENALTIES
 PURSUANT TO APPLICABLE LAW OR RULE.
   (J) NO MEMBER OR EMPLOYEE OF  THE  ASSEMBLY  SHALL  TAKE  ANY  ADVERSE
 PERSONNEL  ACTION  WITH  RESPECT  TO  ANOTHER  MEMBER OR EMPLOYEE OF THE
 ASSEMBLY IN RETALIATION FOR HIS OR HER MAKING A REPORT TO THE COMMITTEE,
 OR FOR HIS OR HER OFFICIAL DUTIES AS A MEMBER OF THE COMMITTEE, CONCERN-
 ING CONDUCT WHICH HE OR  SHE  KNOWS  OR  REASONABLY  BELIEVES  TO  BE  A
 VIOLATION  OF  RULES  AND POLICIES OF THE SPEAKER OR THE ASSEMBLY OR THE
 PUBLIC OFFICERS LAW OR OTHER LAW.
   (K) NOTWITHSTANDING THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC  OFFI-
 CERS LAW, THE ONLY RECORDS OF THE COMMITTEE WHICH SHALL BE AVAILABLE FOR
 PUBLIC INSPECTION AND COPYING ARE:
   (I) THE TERMS OF ANY SETTLEMENT OR COMPROMISE OF A COMPLAINT OR REFER-
 RAL  OR REPORT WHICH INCLUDES A FINE, PENALTY OR OTHER REMEDY REACHED BY
 THE COMMITTEE; AND
   (II) ALL REPORTS REQUIRED BY THIS SECTION.
   12. NOTWITHSTANDING THE PROVISIONS OF  ARTICLE  SEVEN  OF  THE  PUBLIC
 OFFICERS LAW, NO MEETING OR PROCEEDING OF THE COMMITTEE SHALL BE OPEN TO
 THE  PUBLIC,  EXCEPT  IF EXPRESSLY PROVIDED OTHERWISE BY THIS SECTION OR
 THE COMMITTEE.
   § 2. That portion of subdivision 1 of section 5-a of  the  legislative
 law  entitled  "ASSEMBLYMEN  SERVING IN SPECIAL CAPACITY", as amended by
 section 3 of part XX of chapter 56 of the laws of 2009,  is  amended  to
 read as follows:
 
                  ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
 
 Chairman of assembly ways and means committee ................... 34,000
 Ranking minority member of assembly ways and means
  committee ...................................................... 20,500
 Chairman of assembly judiciary committee ........................ 18,000
 Ranking minority member of assembly judiciary
  committee ...................................................... 11,000
 Chairman of assembly codes committee ............................ 18,000
 Ranking minority member of assembly codes
  committee ...................................................... 11,000
 Chairman of assembly banks committee ............................ 15,000
 Ranking minority member of assembly banks committee .............. 9,500
 Chairman of assembly committee on cities ........................ 15,000
 Ranking minority member of assembly committee on cities .......... 9,500
 Chairman of assembly education committee ........................ 18,000
 Ranking minority member of assembly education committee ......... 11,000
 Chairman of assembly health committee ........................... 15,000
 Ranking minority member of assembly health committee ............. 9,500
 Chairman of assembly local governments committee ................ 15,000
 Ranking minority member of assembly local governments
  committee ....................................................... 9,500
 Chairman of assembly agriculture committee ...................... 12,500
 Ranking minority member of assembly agriculture committee ........ 9,000
 Chairman of assembly economic development, job creation,

 A. 5714                             5
 
  commerce and industry committee ................................ 18,000
 Ranking minority member of assembly economic development,
  job creation, commerce and industry committee .................. 11,000
 Chairman of assembly environmental conservation committee ....... 12,500
 Ranking minority member of assembly environmental
  conservation committee .......................................... 9,000
 Chairman of assembly corporations, authorities
  and commissions committee ...................................... 15,000
 Ranking minority member of assembly corporations,
  authorities, and commissions committee .......................... 9,500
 Chairman of assembly correction committee ....................... 12,500
 Ranking minority member of assembly correction committee ......... 9,000
 MAJORITY Chairman of assembly ethics and guidance
  committee ...................................................... 12,500
 [Ranking minority member of assembly ethics and guidance
  committee ...................................................... 9,000]
 MINORITY CHAIRMAN OF ASSEMBLY ETHICS AND GUIDANCE
  COMMITTEE ...................................................... 12,500
 Chairman of assembly governmental employees committee ........... 12,500
 Ranking minority member of assembly governmental
  employees committee ............................................. 9,000
 Chairman of assembly governmental operations committee .......... 12,500
 Ranking minority member of assembly governmental
  operations committee ............................................ 9,000
 Chairman of assembly housing committee .......................... 12,500
 Ranking minority member of assembly housing committee ............ 9,000
 Chairman of assembly insurance committee ........................ 12,500
 Ranking minority member of assembly insurance committee .......... 9,000
 Chairman of assembly labor committee ............................ 14,000
 Ranking minority member of assembly labor committee .............. 9,000
 Chairman of assembly racing and wagering committee .............. 12,500
 Ranking minority member of assembly racing and wagering
  committee ....................................................... 9,000
 Chairman of assembly social services committee .................. 12,500
 Ranking minority member of assembly social services
  committee ....................................................... 9,000
 Chairman of assembly small business committee ................... 12,500
 Ranking minority member of assembly small business
  committee ....................................................... 9,000
 Chairman of assembly transportation committee ................... 15,000
 Ranking minority member of assembly transportation
  committee ....................................................... 9,500
 Chairman of assembly veterans' affairs committee ................ 12,500
 Ranking minority member of assembly veterans' affairs
  committee ....................................................... 9,000
 Chairman of assembly aging committee ............................ 12,500
 Ranking minority member of assembly aging committee .............. 9,000
 Chairman of the assembly alcoholism and drug abuse
  committee ...................................................... 12,500
 Ranking minority member of the assembly
  alcoholism and drug abuse committee ............................. 9,000
 Chairman of assembly committee on mental health,
  mental retardation and developmental disabilities .............. 12,500
 Ranking minority member of assembly committee on mental health,

 A. 5714                             6
 
  mental retardation and developmental disabilities ............... 9,000
 Chairman of assembly higher education committee ................. 12,500
 Ranking minority member of assembly higher education
  committee ....................................................... 9,000
 Chairman of assembly real property taxation committee ........... 12,500
 Ranking minority member of assembly real property
  taxation committee .............................................. 9,000
 Chairman of assembly election law committee ..................... 12,500
 Ranking minority member of assembly election
  law committee ................................................... 9,000
 Chairman of assembly children and families committee ............ 12,500
 Ranking minority member of assembly children
  and families committee .......................................... 9,000
 Chairman of assembly consumer affairs and protection
  committee ...................................................... 12,500
 Ranking minority member of assembly consumer affairs and
  protection committee ............................................ 9,000
 Chairman of the assembly energy committee ....................... 12,500
 Ranking minority member of assembly energy committee ............. 9,000
 Chairman of assembly tourism, parks, arts and sports development
  committee ...................................................... 12,500
 Ranking minority member of assembly tourism, parks, arts and
  sports development committee .................................... 9,000
 Chairman of assembly oversight, analysis and investigation
  committee ...................................................... 12,500
 Ranking minority member of assembly oversight,
  analysis and investigation committee ............................ 9,000
 Chairman of assembly office of state-federal relations .......... 12,500
 Chairman of majority house operations ........................... 12,500
 Chairman of minority house operations ............................ 9,000
 Co-chairman of the administrative regulations review
  commission ..................................................... 12,500
 
   §  3. Severability clause. If any part or provision of this section or
 the application thereof to any person is adjudged by a court  of  compe-
 tent  jurisdiction  to  be  unconstitutional  or otherwise invalid, such
 judgment shall not affect or impair any other part or provision  or  the
 application  thereof  to any other person, but shall be confined to such
 part or provision.
   § 4. This act shall take effect immediately.