BILL NUMBER: S7354

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the executive law, in relation to the establishment and
organization of the state inspector general

 
PURPOSE:

This bill would amend the executive law to amend the laws governing the
inspector general to eliminate the undue influence of the executive and
the executive branch over the inspector general and the office of
inspector general.

 
SUMMARY OF PROVISIONS:

Amends the executive law by requiring that the inspector general:

(1) Be appointed jointly by a majority vote of the governor, the attor-
ney general, the state comptroller, temporary president of the senate,
              

the speaker of the assembly, the minority leader of the senate and the
minority leader of the assembly
(2) Serve a two year term
(3) Ensure that any and all activities of the office remain independent
from the governor and the executive department and remain free from
influence from the governor and the executive department
(4) Shall have a salary at a rate equal to the annual rate established
as of May thirty first, two thousand twenty one; provided such salary
may be adjusted by joint resolution approved by the legislature.

By doing so, this will ensure a fair and just process of leadership

 
JUSTIFICATION:

Currently, there is no statutory requirement to ensure that the inspec-
tor general remains free of influence from the governor and executive
department. As an inspector general, the responsibility is to ensure
that state officials and employees meet the highest standards of integ-
rity efficiency and accountability. In order to make certain that the
inspector general fulfills their duties, it is imperative to create an
order that is fair and just to New York State.

By jointly appointing the inspector general, creating a two year term,
eliminating the undue influence of the governor over the inspector
general and ending the governor's authority to establish the inspector
general's salary, New York is instilling confidence within our state
government. With this new process, the inspector general will be vetted
and properly reevaluated from a non-biased point of view. This will
prove to be an effective and transparent process on behalf of the citi-
zens of New York.

The role of inspector general is not a frivolous position. This is a key
leadership role within New York State. This new appointment process will
help ensure that the office of inspector general faithfully and inde-
pendently carries out its duties without the improper or undue influence
of the governor or the executive department. New Yorkers deserve an
inspector general that will seek to root out fraud and illegal activity

regardless of who is engaged in such activities. It is only fair to New
Yorkers to instill confidence in our state government system.

Julie Garcia, a former commissioner on the Joint Commission on Public
Ethics, testified on August 25, 2021 before the Senate Committee on
Ethics and Internal Governance about serious issues and inexcusable
shortcomings of an investigation by the Inspector General into a 2019
leak of confidential information from a JCOPE meeting. She suggested the
Inspector General's investigation of the 2019 leak of how certain
commissioners of JCOPE voted at a closed-door meeting, was either incom-
petent or corrupt. According to the testimony, the Inspector General's
office failed to interview key witnesses with knowledge of the matter,
including Governor Andrew Cuomo, Assembly Speaker Carl Heastie and the
Speaker's counsel Howard Vargas, each of whom had knowledge.

 
LEGISLATIVE HISTORY:

New bill.


 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
Immediately.