S T A T E O F N E W Y O R K
________________________________________________________________________
6611
2021-2022 Regular Sessions
I N A S S E M B L Y
March 19, 2021
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to the joint commission
on public ethics
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 13, the opening paragraph of
subdivision 14-a and subdivision 14-b of section 94 of the executive
law, paragraph (a) of subdivision 13 as amended by section 1 of part J
of chapter 286 of the laws of 2016, the opening paragraph of subdivision
14-a and subdivision 14-b as added by section 6 of part A of chapter 399
of the laws of 2011, are amended to read as follows:
(a) Investigations. If the commission receives a sworn complaint
alleging a violation of section seventy-three, seventy-three-a, or
seventy-four of the public officers law, section one hundred seven of
the civil service law or article one-A of the legislative law by a
person or entity subject to the jurisdiction of the commission including
members of the legislature and legislative employees and candidates for
member of the legislature, or if a reporting individual has filed a
statement which reveals a possible violation of these provisions, or if
the commission determines on its own initiative to investigate a possi-
ble violation, the commission shall notify the individual in writing,
describe the possible or alleged violation of such laws, provide a
description of the allegations against him or her and the evidence, if
any, supporting such allegations, provided however that the joint
commission shall redact any information that might, in the judgment of
the commission, be prejudicial to either the complainant or the investi-
gation; the letter also shall set forth the sections of law alleged to
have been violated and provide the person with a fifteen day period in
which to submit a written response, including any evidence, statements,
and proposed witnesses, setting forth information relating to the activ-
ities cited as a possible or alleged violation of law. The commission
shall, within sixty calendar days after a complaint or a referral is
received or an investigation is initiated on the commission's own initi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03009-03-1
A. 6611 2
ative, vote on whether to commence a full investigation of the matter
under consideration to determine whether a substantial basis exists to
conclude that a violation of law has occurred. The staff of the joint
commission shall provide to the members 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. Such inves-
tigation shall be conducted if at least eight members of the commission
vote to authorize it. [Where the subject of such investigation is a
member of the legislature or a legislative employee or a candidate for
member of the legislature, at least two of the eight or more members who
so vote to authorize such an investigation must have been appointed by a
legislative leader or leaders from the major political party in which
the subject of the proposed investigation is enrolled if such person is
enrolled in a major political party. Where the subject of such investi-
gation is a state officer or state employee, at least two of the eight
or more members who so vote to authorize such an investigation must have
been appointed by the governor and lieutenant governor. Where the
subject of such investigation is a statewide elected official or a
direct appointee of such an official, at least two of the eight or more
members who so vote to authorize such an investigation must have been
appointed by the governor and lieutenant governor and be enrolled in the
major political party in which the subject of the proposed investigation
is enrolled, if such person is enrolled in a major political party].
The joint commission on public ethics shall have jurisdiction to
investigate, but shall have no jurisdiction to impose penalties upon
members of or candidates for member of the legislature or legislative
employees for any violation of the public officers law. If, after its
substantial basis investigation, by a vote of at least eight members,
[two of whom are enrolled members of the investigated individual's poli-
tical party if the individual is enrolled in a major political party and
were appointed by a legislative leader of such political party,] the
joint commission on public ethics has found a substantial basis to
conclude that a member of the legislature or a legislative employee or
candidate for member of the legislature has violated any provisions of
such laws, it shall present a written report to the legislative ethics
commission, and deliver a copy of the report to the individual who is
the subject of the report. Such written report shall include:
14-b. With respect to the investigation of any individual who is not a
member of the legislature or a legislative employee or candidate for
member of the legislature, if after its investigation the joint commis-
sion has found a substantial basis to conclude that the individual has
violated the public officers law or the legislative law, the joint
commission shall send a substantial basis investigation report contain-
ing its findings of fact and conclusions of law to the individual. [With
respect to an individual who is a statewide elected official or a direct
appointee of such an official, no violation may be found unless the
majority voting in support of such a finding includes at least two
members appointed by the governor and lieutenant governor and enrolled
in the individual's major political party, if he or she is enrolled in a
major political party. Where the subject of such investigation is a
state officer or employee who is not a direct appointee of a statewide
elected official, at least two of the eight or more members who vote to
issue a substantial basis investigation report must have been appointed
by the governor and lieutenant governor.] The commission shall release
such report publicly within forty-five days of its issuance.
§ 2. This act shall take effect immediately.