NY State Senate Bill 2021-S2948A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Mar 18, 2021	print number 2948a
Mar 18, 2021	amend and recommit to finance
Jan 26, 2021	referred to finance

Bill Amendments

Original

A (Active)

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2021-S2948 - Details

See Assembly Version of this Bill:: A424
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Add §75-b, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7337, A10113
2019-2020: S1302, A586
2023-2024: A1433
2025-2026: A1268

2021-S2948 - Summary

Establishes a joint commission on public transparency and sexual harassment to 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 such definitions and policies, and to receive complaints and referrals alleging violations by certain state officials.

2021-S2948 - Sponsor Memo

                                 
BILL NUMBER: S2948

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the public officers law, in relation to establishing a
joint commission on public transparency and sexual harassment

 
PURPOSE:

To improve policies and promote transparency regarding sexual harassment
policies for certain state employees.

 
SUMMARY OF PROVISIONS:

Section 1: Creates a new section 75-b of the public officers law, estab-
lishing a joint commission on public transparency and sexual harassment.
The commission will consist of 11 members appointed by specified indi-
viduals. Appointees shall include, but not be limited to, an attorney
employed in the area of sexual harassment litigation and similar legal
matters, a human resources or labor relations representative, a member
of law enforcement with experience in relation to sex crimes and harass-

ment, and a member of the judicial branch with experience in the consid-
eration of civil claims related to sexual harassment and sex discrimi-
nation. Members shall serve for terms of five years.

The commission shall be responsible for adopting, amending, and rescind-
ing rules and regulations defining sexual harassment for state agencies,
offices, and branches of government, and shall make forms available for
complaints of sexual harassment and sex discrimination.  The responsi-
bilities of the commission will also include, but are not limited t o,.
reviewing of sexual harassment filing procedures, receiving complaints
and referrals, reporting allegations that would constitute a crime to
law enforcement, making determinations on complaints and providing
recommendations for appropriate resolutions to such complaints, develop-
ing and administering an online sexual harassment orientation court for
legislature and executive branch employees and members, and preparing an
annual report summarizing the activities of the commission. Members of
the commission shall also be required to sign a non-disclosure statement
and establish procedures necessary to prevent the unauthorized disclo-
sure of any information received by the commission.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Recent events on the national level have highlighted the pervasiveness
of sexual harassment in the workplace and society in general. The U.S.
Equal Employment Opportunity Commissioner (EEOC), the entity responsible
for enforcing federal laws preventing discrimination, received more than
1,200 individual charge filings in FY 2016 for cases involving sex
discrimination, which includes sexual harassment, in New York State
alone. These cases make up nearly one-third of the total New York indi-
vidual charge filings received by the EEOC. Despite the prevalence of
sexual harassment, there is no uniform definition, and by extension, no
uniform process for how to address it. In fact, Title VII of the Civil
rights Act of 1964 prohibits sexual discrimination, however it does not
define "sexual harassment" and there are no federal regulations requir-
ing the implementation of a specific sexual harassment policy. Unfortu-
nately, these inconsistencies are not isolated to the federal government
but extend to state government as well.

Unfortunately, these inconsistencies are enhanced by a lack of transpar-
ency in the handling and resolution of many these cases. In particular,
complaints against public officials have been called into question
regarding reporting of these cases and the use of public monies to
encourage quick resolution. For example, the United States Congress
Office of Compliance recently reported that between 2008 and 2012,
$174,000 was paid to victims of sex discrimination against offices of
the House of Representatives from a U.S. Treasury fund.  Even more has
been paid out from other public monies, as that data does not include
payments from individual offices of members of Congress.

Similarly, New York State has also used public money to settle sexual
harassment claims-paying out at least $5 million to settle sexual
harassment cases between 2008 and 2010. The Comptroller's Office has
cautioned that it is not clear exactly how much was paid out for such
cases in recent years. As such, this legislation seeks to bring more
accountability and transparency to state government when it comes to
handling sex discrimination and sexual harassment cases, and preventing
these crimes from simply being swept under the rug with taxpayer money.

As victims of sexual harassment continue to step forward, it is impor-
tant that we encourage reporting and shine a light on the importance of
taking proactive steps to assist victims, as well as preventing future
victimization. We, as a state and its representatives, should stand
behind them and echo their concerns rather than hinder their efforts. To
that end, individuals who have a pattern of conduct amounting to sex
discrimination and sexual harassment should not be allowed to hide
behind state agencies and taxpayer dollars. Sexual harassment and sex
discrimination are not new phenomena. According to an ABC News-Washing-
ton Post poll, 54% of American women have experienced "unwanted and
inappropriate sexual advances," and 30% of women have experienced such
behavior from male colleagues. Furthermore, nearly one out of four women
have been subjected to such advances by "someone who had influence over
their work situation." Reform must first start in government to provide
an example of how these cases should be identified and handled, and to
foster public trust in institutions and their representatives.

 
LEGISLATIVE HISTORY:

S2019-20: Referred to Finance
2018: S.7337 Referred to Finance

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to settlements
entered into on and after such date.

2021-S2948 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2948
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  SERINO,  FELDER,  HELMING, LANZA, RITCHIE -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Finance
 
 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03203-01-1

 S. 2948                             2
 
 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
 APPOINTED BY THE MINORITY LEADERS OF THE SENATE AND THE  ASSEMBLY  SHALL
 SERVE FOR TWO YEARS.

 S. 2948                             3

   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
 RESOLVED,  THE  DATE  AND NATURE OF THE DISPOSITION AND ANY SANCTIONS OR

 S. 2948                             4
 
 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.
   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

 S. 2948                             5
 
 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.

co-Sponsors

View additional co-sponsors

2021-S2948A (ACTIVE) - Details

See Assembly Version of this Bill:: A424
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Add §75-b, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7337, A10113
2019-2020: S1302, A586
2023-2024: A1433
2025-2026: A1268

2021-S2948A (ACTIVE) - Summary

2021-S2948A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2948A

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the public officers law, in relation to establishing a
joint commission on public transparency and sexual harassment

 
PURPOSE:

To improve policies and promote transparency regarding sexual harassment
policies for certain state employees.

 
SUMMARY OF PROVISIONS:

Section 1: Creates a new section 75-b of the public officers law, estab-
lishing a joint commission on public transparency and sexual harassment.
The commission will consist of nine members appointed by specified indi-
viduals. Appointees shall include, but not be limited to, an attorney
employed in the area of sexual harassment litigation and similar legal
matters, a human resources or labor relations representative, a member

of law enforcement with experience in relation to sex crimes and harass-
ment, and a member of the judicial branch with experience in the consid-
eration of civil claims related to sexual harassment and sex discrimi-
nation. Members shall serve for terms of five years.

The commission shall be responsible for adopting, amending, and rescind-
ing rules and regulations defining sexual harassment for state agencies,
offices, and branches of government, and shall make forms available for
complaints of sexual harassment and sex discrimination.  The responsi-
bilities of the commission will also include, but are not limited to,
reviewing of sexual harassment filing procedures, receiving complaints
and referrals, reporting allegations that would constitute a crime to
law enforcement, making determinations on complaints and providing
recommendations for appropriate resolutions to such complaints, develop-
ing and administering an online sexual harassment orientation court for
legislature and executive branch employees and members, and preparing
and submitting an annual report summarizing the activities of the
commission. Members of the commission shall also be required to sign a
non- disclosure statement and establish procedures necessary to prevent
the unauthorized disclosure of any information received by the commis-
sion.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Recent events on the national level have highlighted the pervasiveness
of sexual harassment in the workplace and society in general. The U.S.
Equal Employment Opportunity Commissioner (EEOC), the entity responsible
for enforcing federal laws preventing discrimination, received more than
1,200 individual charge filings in FY 2016 for cases involving sex
discrimination, which includes sexual harassment, in New York State
alone. These cases make up nearly one-third of the total New York indi-
vidual charge filings received by the EEOC.  Despite the prevalence of
sexual harassment, there is no uniform definition, and by extension, no
uniform process for how to address it. In fact, Title VII of the Civil
rights Act of 1964 prohibits sexual discrimination, however it does not
define "sexual harassment" and there are no federal regulations requir-
ing the implementation of a specific sexual harassment policy.  Unfortu-
nately, these inconsistencies are not isolated to the federal government
but extend to state government as well.

Unfortunately, these inconsistencies are enhanced by a lack of transpar-
ency in the handling and resolution of many these cases. In particular,
complaints against public officials have been called into question
regarding reporting of these cases and the use of public monies to
encourage quick resolution. For example, the United States Congress
Office of Compliance recently reported that between 2008 and 2012,
$174,000 was paid to victims of sex discrimination against offices of
the House of Representatives from a U.S. Treasury fund.  Even more has
been paid out from other public monies, as that data does not include
payments from individual offices of members of Congress.

As victims of sexual harassment continue to step forward, it is impor-
tant that we encourage reporting and shine a light on the importance of
taking proactive steps to assist victims, as well as preventing future
victimization. We, as a state and its representatives, should stand
behind them and echo their concerns rather than hinder their efforts.
Sexual harassment and sex discrimination are not new phenomena. Accord-
ing to an ABC News-Washington Post poll, 54% of American women have
experienced "unwanted and inappropriate sexual advances," and 30% of
women have experienced such behavior from male colleagues. Furthermore,
nearly one out of four women have been subjected to such advances by
"someone who had influence over their work situation." Reform must first
start in government to provide an example of how these cases should be
identified and handled, and to foster public trust in institutions and
their representatives.

 
LEGISLATIVE HISTORY:

2019-20: S.1302, Referred to Finance

2018: S.7337, Referred to Finance

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to settlements
entered into on and after such date.

2021-S2948A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2948--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens. SERINO, FELDER, HELMING, JORDAN, LANZA, RITCHIE --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Finance  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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 NINE 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-
 TIVE  MEMBERS.  THIS  SECTION  SHALL  NOT  BE  DEEMED TO HAVE REVOKED OR
 RESCINDED ANY REGULATIONS OR ADVISORY OPINIONS ISSUED BY THE LEGISLATIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03203-04-1

 S. 2948--A                          2
 
 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 NINE MEMBERS OF WHOM ONE 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 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.  APPOINTING  AUTHORITIES  SHALL  COORDINATE  APPOINTMENTS  TO
 INCLUDE, BUT NOT BE LIMITED TO, AN ATTORNEY  ACTUALLY  EMPLOYED  IN  THE
 AREA  OF  SEXUAL HARASSMENT LITIGATION AND SIMILAR LEGAL MATTERS WHO HAS
 DEMONSTRATED OUTSTANDING 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 POLI-
 CIES  IN THE WORKPLACE, A MEMBER OF LAW ENFORCEMENT WHO HAS WORK EXPERI-
 ENCE IN RELATION TO SEX CRIMES AND HARASSMENT, AND A MEMBER OF THE JUDI-
 CIAL BRANCH WHO HAS HAD EXPERIENCE IN THE CONSIDERATION OF CIVIL  CLAIMS
 RELATED TO SEXUAL 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 LEGISLA-
 TIVE 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 THE MEMBER FIRST APPOINTED BY THE GOVERNOR SHALL
 SERVE FOR THREE YEARS AND THE MEMBERS FIRST APPOINTED BY  THE  TEMPORARY
 PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY
 LEADERS OF THE SENATE AND ASSEMBLY SHALL SERVE FOR FOUR 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

 S. 2948--A                          3
 
 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. SEVEN 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 AND SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGIS-
 LATURE 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
 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;

 S. 2948--A                          4
 
   (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 A LEGISLA-
 TIVE 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  DELEG-
 ATION IS IN WRITING, THE SPECIFIC POWERS TO BE DELEGATED 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 AFFILIATION 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 FAILURE 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.
   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

 S. 2948--A                          5
 
 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.

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