Assembly Resolution No. 173

BY: M. of A. Barclay

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing to establish the Temporary Joint
Legislative Committee on Impeachment and
Investigation of the State's Response to COVID-19 in
Nursing Homes, and providing for such committee's
powers and duties

WHEREAS, The State of New York has become aware that more than
fifteen thousand seniors living in nursing homes and long-term care
facilities may have died as result of missteps by public officers,
namely requiring the homes to admit COVID-19 positive residents,
pursuant to a March 25, 2020 directive. These missteps were made
apparent by a report from the New York State Attorney General, "Nursing
Home Response to the COVID-19 Pandemic"; and

WHEREAS, It has been alleged in the press of the State that unlawful
or improper methods have been used or pursued by public officers and
wrongful acts done to cover-up the number of COVID-19 related nursing
home and long-term care facility deaths, by intentionally underreporting
the true death toll by fifty percent; and

WHEREAS, The State should strive to address these missteps and
cover-up to better protect the public, especially our seniors and most
vulnerable residents; now, therefore, be it

RESOLVED (if the &HOUSE concur), That a joint legislative committee,
to be known as the "Temporary Joint Legislative Committee on Impeachment
and Investigation of the State's Response to COVID-19 in Nursing Homes",
is hereby created to consist of eight members to be appointed as
follows: two members of the Senate to be appointed by the Temporary
President of the Senate, two members of the Senate to be appointed by
the Minority Leader of the Senate, two members of the Assembly to be
appointed by the Speaker of the Assembly and two members of the Assembly
to be appointed by the Minority Leader of the Assembly. The Temporary
President of the Senate and the Speaker of the Assembly shall jointly
designate one of their appointees to serve as a co-chair of such
committee. The Minority Leader of the Senate and the Minority Leader of
the Assembly shall jointly designate one of their appointees to serve as
a co-chair of such committee. Any vacancy in the membership of such
committee shall be filled by the officer authorized to make the original
appointment; and be it further

RESOLVED (if the &HOUSE concur), That the committee shall examine the
State's methods of administration and conduct in all matters relating to
nursing homes and long-term care facilities during the COVID-19
Pandemic; and be it further

RESOLVED (if the &HOUSE concur), That the committee may sit at any
place within the State as it may determine to conduct its business and
hold meetings and hearings, and it shall have all the powers of a
legislative committee as provided by the Legislative Law, including, but
not limited to the power pursuant to section 62-a of the Legislative
Law, to subpoena and enforce the attendance of witnesses including

public officers, public employees and private persons, and to require
the production of books and papers, including any record, document or
correspondence pertaining to the administration of any State or private
institution or of any State department concerned in the management,
regulation, visitation or supervision of the same, and to administer
oaths; and be it further

RESOLVED (if the &HOUSE concur), That the committee may conduct
executive sessions, in accordance with section 105 of the Public
Officers Law, when the subject matter under consideration warrants such
sessions in the determination of the committee. Such committee shall
have the power to adopt rules for the conduct of its proceedings; and be
it further

RESOLVED (if the &HOUSE concur), That the committee shall promulgate
such rules and procedures for preserving and ensuring the
confidentiality of information it may determine warrants such
confidentiality, including requiring the members of the committee and
staff engaged by the committee to maintain the confidentiality of such
information; and be it further

RESOLVED (if the &HOUSE concur), That the committee shall ascertain
and report to the Legislature whether any unlawful activities or willful
and corrupt misconduct have been employed, used or pursued by any public
officer, and recommend if impeachment by the Assembly should proceed;
and be it further

RESOLVED (if the &HOUSE concur), That the committee shall submit a
report of its findings and recommendations to the Temporary President of
the Senate, the Minority Leader of the Senate, the Speaker of the
Assembly, and the Minority Leader of the Assembly within sixty days of
adoption, at which time its jurisdiction and authority as set forth in
this Resolution shall expire, unless renewed by further concurrent
resolutions of the Senate and the Assembly.