S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    424
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. ROZIC, WILLIAMS, SEAWRIGHT, GUNTHER, ENGLEBRIGHT,
   CAHILL,  HYNDMAN,  LAVINE,  WEPRIN, DICKENS, NIOU, BARRON, DE LA ROSA,
   J. RIVERA, LUPARDO, GRIFFIN, J. M. GIGLIO -- Multi-Sponsored by --  M.
   of  A.  ABBATE, DAVILA, NOLAN, SIMON, THIELE -- read once and referred
   to the Committee on Governmental Operations
 
 AN ACT to amend the public officers law, in relation to  establishing  a
   joint commission on public transparency and sexual harassment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public officers law is amended by adding a new  section
 75-b to read as follows:
   §  75-B.  COMMISSION ON PUBLIC TRANSPARENCY AND SEXUAL HARASSMENT.  1.
 WHEN USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "STATEWIDE  ELECTED OFFICIAL" SHALL MEAN THE GOVERNOR, LIEUTENANT
 GOVERNOR, COMPTROLLER, OR ATTORNEY GENERAL;
   (B) "STATE OFFICER OR EMPLOYEE" SHALL MEAN:
   (I) HEADS OF STATE DEPARTMENTS AND THEIR DEPUTIES AND  ASSISTANTS  WHO
 SERVE AT THE DISCRETION OF THE STATEWIDE ELECTED OFFICIAL; AND
   (II)  OFFICERS  AND EMPLOYEES OF STATEWIDE ELECTED OFFICIALS WHO SERVE
 AT THE DISCRETION OF THE STATEWIDE ELECTED OFFICIAL;
   (C) "LEGISLATIVE EMPLOYEE" SHALL MEAN ANY OFFICER OR EMPLOYEE  OF  THE
 LEGISLATURE; AND
   (D)  "LEGISLATIVE MEMBER" SHALL MEAN A SENATOR OR MEMBER OF THE ASSEM-
 BLY.
   2. THERE IS HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT  OF  STATE  A
 COMMISSION  ON  PUBLIC  TRANSPARENCY  AND  SEXUAL HARASSMENT WHICH SHALL
 CONSIST OF ELEVEN MEMBERS AND SHALL HAVE AND EXERCISE THE POWERS AND THE
 DUTIES SET FORTH IN THIS SECTION WITH RESPECT TO STATEWIDE ELECTED OFFI-
 CIALS, STATE OFFICERS AND EMPLOYEES, LEGISLATIVE EMPLOYEES, AND LEGISLA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03203-01-1

 A. 424                              2
 
 TIVE MEMBERS. THIS SECTION SHALL  NOT  BE  DEEMED  TO  HAVE  REVOKED  OR
 RESCINDED ANY REGULATIONS OR ADVISORY OPINIONS ISSUED BY THE LEGISLATIVE
 ETHICS  COMMISSION, THE COMMISSION ON PUBLIC INTEGRITY, THE STATE ETHICS
 COMMISSION,  OR  THE  STATE  OFFICE  FOR HUMAN RIGHTS IN EFFECT UPON THE
 EFFECTIVE DATE OF THIS SECTION TO THE EXTENT THAT  SUCH  REGULATIONS  OR
 OPINIONS ARE NOT INCONSISTENT WITH ANY LAW OF THIS STATE, BUT SUCH REGU-
 LATIONS AND OPINIONS SHALL APPLY ONLY TO MATTERS OVER WHICH SUCH COMMIS-
 SIONS  HAD  JURISDICTION  AT THE TIME SUCH REGULATIONS AND OPINIONS WERE
 PROMULGATED OR ISSUED. THE COMMISSION SHALL  UNDERTAKE  A  COMPREHENSIVE
 REVIEW  OF THE CURRENT SEXUAL HARASSMENT POLICIES IN THE LEGISLATURE AND
 EXECUTIVE AGENCIES. THE COMMISSION SHALL,  BEFORE  FEBRUARY  FIRST,  TWO
 THOUSAND  TWENTY-TWO, REPORT TO THE GOVERNOR AND THE LEGISLATURE REGARD-
 ING THIS REVIEW AND RECOMMENDATIONS  FOR  ANY  REGULATORY  OR  STATUTORY
 GUIDANCE FOR CONSISTENCY AND TRANSPARENCY.
   3.  THE COMMISSION SHALL CONSIST OF ELEVEN MEMBERS OF WHOM THREE SHALL
 BE APPOINTED BY THE GOVERNOR, FOUR BY THE CHIEF JUDGE OF  THE  COURT  OF
 APPEALS,  AND  ONE  EACH  BY  THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE MINORITY LEADER  OF  THE  SENATE,  AND  THE
 MINORITY  LEADER  OF THE ASSEMBLY. OF THE THREE MEMBERS APPOINTED BY THE
 GOVERNOR, NO MORE THAN TWO SHALL  BE  ENROLLED  IN  THE  SAME  POLITICAL
 PARTY,  AND  TWO  SHALL  BE  ATTORNEYS  ADMITTED TO PRACTICE LAW IN THIS
 STATE. OF THE FOUR MEMBERS APPOINTED BY THE CHIEF JUDGE OF THE COURT  OF
 APPEALS, NO MORE THAN TWO SHALL BE ENROLLED IN THE SAME POLITICAL PARTY,
 TWO  SHALL  BE ATTORNEYS LICENSED TO PRACTICE LAW IN THIS STATE, AND TWO
 SHALL NOT BE ATTORNEYS. NO MEMBER  OF  THE  COMMISSION  SHALL  HOLD  ANY
 OFFICE  IN  ANY  POLITICAL  PARTY.    MEMBERS OF THE COMMISSION SHALL BE
 APPOINTED BASED ON THEIR  ACTUAL  EXPERIENCE  IN  THE  ESTABLISHMENT  OF
 INSTITUTIONAL  POLICIES,  SEXUAL  HARASSMENT  CLAIMS,  AND LEGAL MATTERS
 REGARDING SEXUAL HARASSMENT ISSUES, SEX CRIMES, AND REPORTING.  APPOINT-
 ING  AUTHORITIES  SHALL  COORDINATE  APPOINTMENTS TO INCLUDE, BUT NOT BE
 LIMITED TO, AN ATTORNEY ACTUALLY EMPLOYED IN THE AREA OF SEXUAL  HARASS-
 MENT LITIGATION AND SIMILAR LEGAL MATTERS WHO HAS DEMONSTRATED OUTSTAND-
 ING  SERVICE  AND CONTRIBUTIONS TO THIS LEGAL AREA, A HUMAN RESOURCES OR
 LABOR RELATIONS REPRESENTATIVE WHO HAS DEMONSTRATED  ACTUAL  SERVICE  IN
 THE  ESTABLISHMENT  OF EFFECTIVE SEXUAL HARASSMENT POLICIES IN THE WORK-
 PLACE, A MEMBER OF LAW ENFORCEMENT WHO HAS WORK EXPERIENCE  IN  RELATION
 TO  SEX  CRIMES  AND HARASSMENT, AND A MEMBER OF THE JUDICIAL BRANCH WHO
 HAS HAD EXPERIENCE IN THE CONSIDERATION OF CIVIL CLAIMS RELATED TO SEXU-
 AL HARASSMENT AND SEX DISCRIMINATION. IN THE EVENT THAT A VACANCY ARISES
 WITH RESPECT TO A MEMBER OF THE COMMISSION FIRST APPOINTED  PURSUANT  TO
 THIS  SECTION  BY  A  LEGISLATIVE LEADER, THE LEGISLATIVE LEADERS OF THE
 SAME POLITICAL PARTY IN THE SAME HOUSE SHALL APPOINT A  MEMBER  TO  FILL
 SUCH VACANCY IRRESPECTIVE OF WHETHER THAT LEGISLATIVE LEADER'S POLITICAL
 PARTY  IS  IN  THE MAJORITY OR MINORITY. NO INDIVIDUAL SHALL BE ELIGIBLE
 FOR APPOINTMENT AS A MEMBER OF THE COMMISSION WHO  CURRENTLY  OR  WITHIN
 THE  LAST  THREE  YEARS  IS  OR  HAS BEEN A MEMBER OF THE NEW YORK STATE
 LEGISLATURE OR HAS BEEN A LEGISLATIVE EMPLOYEE, OR A  STATEWIDE  OFFICER
 OR  ELECTED  OFFICIAL OR A COMMISSIONER OF AN EXECUTIVE AGENCY APPOINTED
 BY THE GOVERNOR, OR HAS HELD JUDICIAL OFFICE. MEMBERS OF THE  COMMISSION
 SHALL BE RESIDENTS OF THE STATE.
   4.  MEMBERS  OF  THE  COMMISSION  SHALL SERVE FOR TERMS OF FIVE YEARS;
 PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED BY THE  GOVERNOR,
 ONE  SHALL  SERVE  FOR  ONE YEAR, ONE SHALL SERVE FOR TWO YEARS, AND ONE
 SHALL SERVE FOR THREE YEARS, AS DESIGNATED BY THE GOVERNOR; THE  MEMBERS
 FIRST  APPOINTED  BY  THE  TEMPORARY  PRESIDENT OF THE SENATE AND BY THE
 SPEAKER OF THE ASSEMBLY SHALL SERVE FOR FOUR YEARS AND THE MEMBERS FIRST

 A. 424                              3
 
 APPOINTED BY THE MINORITY LEADERS OF THE SENATE AND THE  ASSEMBLY  SHALL
 SERVE FOR TWO YEARS.
   5.  MEMBERS OF THE COMMISSION SHALL DESIGNATE A CHAIR FROM THE MEMBER-
 SHIP THEREOF FOR A TERM OF TWO YEARS OR UNTIL HIS OR HER  TERM  EXPIRES,
 WHICHEVER PERIOD IS SHORTER. THE CHAIR OR A MEMBER OF THE COMMISSION MAY
 CALL A MEETING.
   6.  ANY  VACANCY  OCCURRING  ON  THE COMMISSION SHALL BE FILLED WITHIN
 THIRTY DAYS OF ITS OCCURRENCE IN THE SAME MANNER  AS  THE  MEMBER  WHOSE
 VACANCY  IS  BEING  FILLED  WAS  APPOINTED. A PERSON APPOINTED TO FILL A
 VACANCY OCCURRING OTHER THAN BY EXPIRATION OF A TERM OF OFFICE SHALL  BE
 APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER HE OR SHE SUCCEEDS.
   7. MEMBERS OF THE COMMISSION MAY BE REMOVED BY THE APPOINTING AUTHORI-
 TY  SOLELY  FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS MISCONDUCT IN OFFICE,
 VIOLATION OF THE CONFIDENTIALITY, INABILITY TO DISCHARGE THE  POWERS  OR
 DUTIES  OF  OFFICE  OR A VIOLATION OF THIS SECTION, AFTER WRITTEN NOTICE
 AND OPPORTUNITY FOR A REPLY.
   8. MEMBERS OF THE COMMISSION SHALL BE REIMBURSED  FOR  ALL  REASONABLE
 EXPENSES ACTUALLY AND NECESSARILY INCURRED BY HIM OR HER IN THE PERFORM-
 ANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
   9. EIGHT MEMBERS SHALL CONSTITUTE A QUORUM.
   10. THE COMMISSION SHALL:
   (A)  ADOPT,  AMEND  AND  RESCIND RULES AND REGULATIONS DEFINING SEXUAL
 HARASSMENT FOR STATE AGENCIES, OFFICES, AND BRANCHES OF  GOVERNMENT  AND
 DEVELOP  RECOMMENDATIONS FOR THE UNIFORM DISTRIBUTION OF THE DEFINITIONS
 AND POLICIES DEVELOPED PURSUANT TO THIS SECTION;
   (B) MAKE AVAILABLE FORMS FOR COMPLAINTS OF SEXUAL HARASSMENT  AND  SEX
 DISCRIMINATION  INVOLVING STATEWIDE ELECTED OFFICIALS, STATE OFFICERS OR
 EMPLOYEES, LEGISLATIVE MEMBERS AND EMPLOYEES;
   (C) REVIEW SEXUAL HARASSMENT FILING PROCEDURES IN ACCORDANCE WITH  THE
 PROVISIONS OF THIS SECTION;
   (D)  RECEIVE  COMPLAINTS  AND REFERRALS ALLEGING VIOLATIONS OF SECTION
 TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, OR  PROVISIONS  OF  ARTICLE
 ONE  HUNDRED  THIRTY OF THE PENAL LAW BY A STATEWIDE ELECTED OFFICIAL, A
 STATE OFFICER OR EMPLOYEE, LEGISLATIVE EMPLOYEE OR LEGISLATIVE MEMBER;
   (E) IMMEDIATELY REPORT ANY ALLEGATIONS THAT, IF TRUE, WOULD CONSTITUTE
 A CRIME, TO LAW ENFORCEMENT FOR INVESTIGATION;
   (F) FOR ALL OTHER MATTERS THE COMMISSION  SHALL  DETERMINE  WHETHER  A
 COMPLAINT  IS "FOUNDED" OR "UNFOUNDED" AND SHALL ISSUE A RECOMMENDATION,
 IN ACCORDANCE WITH THE  CONFIDENTIALITY  PROVISIONS  CONTAINED  IN  THIS
 SECTION  AND  CONSISTENT  WITH ALL OTHER LAWS, INCLUDING AWARDS TO CRIME
 VICTIMS UNDER ARTICLE TWENTY-TWO OF THE EXECUTIVE LAW, TO THE APPOINTING
 AUTHORITY AS TO THE BASIS OF THE CLAIMS, RECOMMENDATIONS FOR APPROPRIATE
 RESOLUTION, AND WHETHER THE COMMISSION APPROVES OF  THE  USE  OF  PUBLIC
 MONIES,  INCLUDING  FUNDS OF THE LEGISLATURE, TO RESOLVE SPECIFIC CLAIMS
 RAISED BY THE CLAIMANT. THE RECOMMENDATIONS OF THE COMMISSION  SHALL  BE
 FULLY  AND PROPERLY CONSIDERED BY THE APPOINTING AUTHORITY BUT SHALL NOT
 BE BINDING. THERE SHALL BE  A  REBUTTABLE  PRESUMPTION  ASSUMED  BY  THE
 COMMISSION THAT ANY STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOY-
 EE,  OR  LEGISLATIVE MEMBER OR EMPLOYEE WHO MAKES A GOOD FAITH EFFORT AT
 REPORTING OR ADDRESSING SEXUAL HARASSMENT SHALL NOT BE HELD INDIVIDUALLY
 LIABLE UNDER ANY CLAIM OR SETTLEMENT;
   (G) PREPARE AN ANNUAL REPORT  TO  THE  GOVERNOR  AND  THE  LEGISLATURE
 SUMMARIZING  THE  ACTIVITIES  OF THE COMMISSION DURING THE PREVIOUS YEAR
 INCLUDING, BUT  NOT  LIMITED  TO,  (I)  AN  ACCOUNTING  OF  FOUNDED  AND
 UNFOUNDED  CLAIMS  OF  SEXUAL HARASSMENT ORGANIZED BY LEGISLATIVE BRANCH
 AND EXECUTIVE OFFICE OR  AGENCY,  AND  (II)  WHERE  A  MATTER  HAS  BEEN

 A. 424                              4
 
 RESOLVED,  THE  DATE  AND NATURE OF THE DISPOSITION AND ANY SANCTIONS OR
 RECOMMENDATIONS  OF  THE  COMMISSION,  SUBJECT  TO  THE  CONFIDENTIALITY
 REQUIREMENTS OF THIS SECTION;
   (H)  PROVIDE NOTIFICATION TO ANY PERSON WHO HAS FILED A SEXUAL HARASS-
 MENT CLAIM OF THE DETERMINATION OF THE COMMISSION'S REVIEW  AS  WELL  AS
 THE INDIVIDUAL'S RIGHT TO APPEAL THE COMMISSION'S DETERMINATION PURSUANT
 TO SUBDIVISION TWELVE OF THIS SECTION;
   (I) APPOINT AN EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE WITH THE
 POLICIES OF THE COMMISSION. THE APPOINTMENT AND REMOVAL OF THE EXECUTIVE
 DIRECTOR SHALL BE MADE SOLELY BY A VOTE OF A MAJORITY OF THE COMMISSION,
 WHICH MAJORITY SHALL INCLUDE AT LEAST ONE MEMBER APPOINTED BY THE GOVER-
 NOR  FROM  EACH  OF  THE  TWO  MAJOR  POLITICAL  PARTIES, AND ONE MEMBER
 APPOINTED BY A LEGISLATIVE LEADER FROM EACH OF THE TWO  MAJOR  POLITICAL
 PARTIES. THE COMMISSION MAY DELEGATE AUTHORITY TO THE EXECUTIVE DIRECTOR
 TO  ACT IN THE NAME OF THE COMMISSION BETWEEN MEETINGS OF THE COMMISSION
 PROVIDED SUCH DELEGATION IS IN WRITING, THE SPECIFIC POWERS TO BE DELEG-
 ATED ARE ENUMERATED, AND THE COMMISSION SHALL NOT DELEGATE ANY DECISIONS
 SPECIFIED IN THIS SECTION THAT REQUIRE A VOTE   OF THE  COMMISSION.  THE
 EXECUTIVE DIRECTOR SHALL BE APPOINTED WITHOUT REGARD TO POLITICAL AFFIL-
 IATION AND SOLELY ON THE BASIS OF FITNESS TO PERFORM THE DUTIES ASSIGNED
 BY THIS ARTICLE, AND SHALL BE A QUALIFIED, INDEPENDENT PROFESSIONAL. THE
 COMMISSION  MAY  REMOVE  THE  EXECUTIVE  DIRECTOR  FOR  NEGLECT OF DUTY,
 MISCONDUCT IN OFFICE, VIOLATION OF THE CONFIDENTIALITY, OR INABILITY  OR
 FAILURE TO DISCHARGE THE POWERS OR DUTIES OF OFFICE, INCLUDING THE FAIL-
 URE TO FOLLOW THE LAWFUL INSTRUCTIONS OF THE COMMISSION;
   (J)  REVIEW  AND  APPROVE A STAFFING PLAN PROVIDED AND PREPARED BY THE
 EXECUTIVE DIRECTOR WHICH SHALL CONTAIN, AT A  MINIMUM,  A  LIST  OF  THE
 VARIOUS  UNITS  AND DIVISIONS AS WELL AS THE NUMBER OF POSITIONS IN EACH
 UNIT, TITLES AND THEIR DUTIES, AND SALARIES,  AS  WELL  AS  THE  VARIOUS
 QUALIFICATIONS  FOR  EACH POSITION INCLUDING, BUT NOT LIMITED TO, EDUCA-
 TION AND PRIOR EXPERIENCE FOR EACH POSITION;
   (K) APPOINT SUCH OTHER STAFF AS ARE NECESSARY TO CARRY OUT ITS  DUTIES
 UNDER THIS SECTION; AND
   (L)  DEVELOP  AND  ADMINISTER  AN ONLINE SEXUAL HARASSMENT ORIENTATION
 COURSE TO BE MADE AVAILABLE ACROSS THE LEGISLATIVE AND EXECUTIVE BRANCH-
 ES FOR THE PURPOSES OF A UNIFORM AND CONSISTENT  POLICY  ACROSS  GOVERN-
 MENT.
   11.  (A)  WHEN  AN INDIVIDUAL BECOMES A MEMBER OR STAFF OF THE COMMIS-
 SION, THAT INDIVIDUAL SHALL BE REQUIRED TO SIGN A NON-DISCLOSURE  STATE-
 MENT.
   (B)  EXCEPT  AS  OTHERWISE  REQUIRED  OR  PROVIDED  BY  LAW, TESTIMONY
 RECEIVED OR ANY OTHER INFORMATION OBTAINED BY A COMMISSIONER OR STAFF OF
 THE COMMISSION SHALL NOT BE DISCLOSED BY  ANY  SUCH  INDIVIDUAL  TO  ANY
 PERSON  OR  ENTITY  OUTSIDE  THE  COMMISSION  DURING THE PENDENCY OF ANY
 MATTER. ANY CONFIDENTIAL COMMUNICATION TO ANY PERSON OR  ENTITY  OUTSIDE
 THE  COMMISSION  RELATED  TO THE MATTERS BEFORE THE COMMISSION MAY OCCUR
 ONLY AS AUTHORIZED BY THE COMMISSION.
   (C) THE COMMISSION SHALL ESTABLISH PROCEDURES NECESSARY TO PREVENT THE
 UNAUTHORIZED DISCLOSURE OF ANY INFORMATION RECEIVED BY ANY MEMBER OF THE
 COMMISSION OR STAFF OF THE COMMISSION. ANY BREACHES  OF  CONFIDENTIALITY
 SHALL  BE  INVESTIGATED  BY THE INSPECTOR GENERAL AND APPROPRIATE ACTION
 SHALL BE TAKEN. ANY COMMISSIONER OR PERSON EMPLOYED  BY  THE  COMMISSION
 WHO INTENTIONALLY AND WITHOUT AUTHORIZATION RELEASES CONFIDENTIAL INFOR-
 MATION RECEIVED BY THE COMMISSION SHALL BE GUILTY OF A CLASS A MISDEMEA-
 NOR.

 A. 424                              5
 
   12. THE COMMISSION SHALL BE DEEMED TO BE AN AGENCY OF THE STATE WITHIN
 THE  MEANING  OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT
 AND SHALL ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY  PROCEEDINGS
 AND  APPEALS  TAKEN  PURSUANT  TO  A  PROCEEDING COMMENCED UNDER ARTICLE
 SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES RELATING TO THE
 ASSESSMENT OF PENALTIES OR FINDINGS AUTHORIZED  IN  THIS  SECTION.  SUCH
 RULES,  WHICH  SHALL  NOT BE SUBJECT TO THE APPROVAL REQUIREMENTS OF THE
 STATE ADMINISTRATIVE PROCEDURE ACT, SHALL PROVIDE FOR DUE PROCESS PROCE-
 DURAL MECHANISMS SUBSTANTIALLY SIMILAR TO THOSE  SET  FORTH  IN  ARTICLE
 THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT BUT SUCH MECHANISMS NEED
 NOT BE IDENTICAL IN TERMS OF SCOPE.
   § 2. This act shall take effect immediately and shall apply to settle-
 ments entered into on and after such date.