S T A T E O F N E W Y O R K
________________________________________________________________________
7580--A
2021-2022 Regular Sessions
I N S E N A T E
December 8, 2021
___________
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Finance in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to the office of state
inspector general
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 2 and 3 of section 52 of the executive law,
as added by chapter 766 of the laws of 2005, are amended to read as
follows:
1. There is hereby established the office of the state inspector
general in the executive department. The head of the office shall be the
state inspector general who shall be appointed by the governor AND
CONFIRMED BY THE STATE SENATE. THE STATE INSPECTOR GENERAL SHALL NOT
HAVE WORKED FOR ANY COVERED AGENCY, REGISTERED LOBBYIST, OR ENTITY WITH
A STATE CONTRACT IN THE LAST FIVE YEARS.
2. The state inspector general shall hold office [until the end of the
term of the governor by whom he or she was appointed and until his or
her successor is appointed and has qualified] FOR SIX YEARS.
3. The state inspector general shall report to the secretary to the
governor AND THE LEGISLATURE. IT SHALL BE THE DUTY AND RESPONSIBILITY OF
THE STATE INSPECTOR GENERAL TO KEEP THE SECRETARY TO THE GOVERNOR AND
THE LEGISLATURE FULLY AND CURRENTLY INFORMED BY MEANS OF REPORTS
REQUIRED BY SECTION FIFTY-THREE OF THIS ARTICLE AND OTHERWISE, CONCERN-
ING CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR
ABUSE, TO RECOMMEND CORRECTIVE ACTION CONCERNING SUCH PROBLEMS, ABUSES,
AND DEFICIENCIES, AND TO REPORT ON THE PROGRESS MADE IN IMPLEMENTING
SUCH CORRECTIVE ACTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13751-02-2
S. 7580--A 2
§ 2. Subdivision 4 of section 53 of the executive law, as added by
chapter 766 of the laws of 2005, is amended, subdivisions 5, 6 and 7 are
renumbered subdivisions 7, 8 and 9, and four new subdivisions 5, 6, 10
and 11 are added to read as follows:
4. prepare and release to the LEGISLATURE AND THE public written
reports of such investigations, as appropriate and to the extent permit-
ted by law, subject to redaction to protect the confidentiality of
witnesses. The release of all or portions of such reports may be
deferred to protect the confidentiality of ongoing investigations;
5. PUBLISH WITHIN FOURTEEN DAYS ON ITS PUBLICLY AVAILABLE WEBSITE THE
NUMBER OF COMPLAINTS RECEIVED IN THE PRIOR MONTH, THE METHOD OF RECEIPT,
THE AGENCY OR AUTHORITY INVOLVED IN EACH COMPLAINT, AND CLASSIFICATION
OF EACH COMPLAINT. SUCH DATA SHALL ALSO BE SHARED WITH THE OPEN DATA
WEBSITE DATA.NY.GOV OR SUCH OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON
BEHALF OF, THE STATE, AS DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE
OF INFORMATION TECHNOLOGY SERVICES UNDER EXECUTIVE ORDER NINETY-FIVE OF
TWO THOUSAND THIRTEEN, OR ANY SUCCESSOR AGENCY OR ORDER.
6. REPORT IMMEDIATELY TO THE SECRETARY OF THE GOVERNOR WHENEVER THE
STATE INSPECTOR GENERAL BECOMES AWARE OF PARTICULARLY SERIOUS OR
FLAGRANT CASES OF CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF
INTEREST OR ABUSE, EXCEPT IN CASES WHERE DOING SO WOULD INTERFERE WITH
AN ONGOING INVESTIGATION. THE SECRETARY TO THE GOVERNOR SHALL TRANSMIT
ANY SUCH REPORT TO THE APPROPRIATE COMMITTEES OF THE LEGISLATURE WITHIN
SEVEN CALENDAR DAYS, TOGETHER WITH A REPORT BY THE SECRETARY TO THE
GOVERNOR CONTAINING ANY COMMENTS SUCH HEAD DEEMS APPROPRIATE;
10. (A) PROVIDE AN ANNUAL REPORT NO LATER THAN DECEMBER THIRTY-FIRST
TO THE LEGISLATURE SUMMARIZING THE ACTIVITIES OF THE OFFICE OVER THE
LAST YEAR, INCLUDING:
(I) AGGREGATED DATA ABOUT ALL COMPLAINTS RECEIVED BY THE OFFICE,
INCLUDING BUT NOT LIMITED TO:
(1) NUMBER OF COMPLAINTS;
(2) NUMBER OF COMPLAINTS RECEIVED DISAGGREGATED BY TYPE OF SOURCE;
(3) ALLEGED VIOLATIONS DISAGGREGATED BY SUBJECT TYPE AND POLICIES OR
LAWS VIOLATED;
(4) NUMBER OF COMPLAINTS DISMISSED WITHOUT INVESTIGATION;
(5) NUMBER OF COMPLAINTS REFERRED BY AGENCY OR ENTITY REFERRED TO;
(6) NUMBER OF COMPLAINTS INVESTIGATED;
(7) NUMBER OF CASES FOR WHICH ALLEGATIONS ARE SUBSTANTIATED IN WHOLE
OR PART;
(8) TYPES OF SUBSTANTIATED VIOLATIONS, DISAGGREGATED BY SUBJECT TYPE
AND POLICIES OR LAWS VIOLATED, FOR CLOSED CASES;
(9) NUMBER OF CASES SETTLED, WITH SETTLEMENTS DISAGGREGATED BY TYPE;
(10) NUMBER OF CASES FOR WHICH PENALTIES ARE ASSESSED;
(11) TYPES OF PENALTIES ASSESSED DISAGGREGATED BY TYPE;
(12) NUMBER OF OPEN CASES; AND
(13) THE DURATION OF CASES INCLUDING MEDIAN, AVERAGE, AND PERCENTAGES
OF CASES TAKING PARTICULAR PERIODS OF TIME;
(II) A DESCRIPTION OF SIGNIFICANT CASES OF CORRUPTION, FRAUD, CRIMINAL
ACTIVITY, CONFLICTS OF INTEREST OR ABUSE WITHIN COVERED AGENCIES
DISCLOSED BY SUCH ACTIVITIES DURING THE REPORTING PERIOD;
(III) A DESCRIPTION OF THE RECOMMENDATIONS FOR CORRECTIVE ACTION MADE
BY THE OFFICE DURING THE REPORTING PERIOD WITH RESPECT TO SIGNIFICANT
CASES OF CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR
ABUSE IDENTIFIED PURSUANT TO THIS PARAGRAPH;
S. 7580--A 3
(IV) AN IDENTIFICATION OF EACH SIGNIFICANT RECOMMENDATION DESCRIBED IN
PREVIOUS ANNUAL REPORTS ON WHICH CORRECTIVE ACTION HAS NOT BEEN
COMPLETED;
(V) A SUMMARY OF MATTERS REFERRED TO PROSECUTIVE AUTHORITIES AND THE
PROSECUTIONS AND CONVICTIONS WHICH HAVE RESULTED;
(VI) A REPORT ON EACH INVESTIGATION CONDUCTED BY THE OFFICE INVOLVING
A SENIOR GOVERNMENT EMPLOYEE WHERE ALLEGATIONS OF MISCONDUCT WERE
SUBSTANTIATED, INCLUDING THE NAME OF THE SENIOR GOVERNMENT OFFICIAL, AS
DEFINED BY THE DEPARTMENT OR AGENCY, IF ALREADY MADE PUBLIC BY THE
OFFICE, AND A DETAILED DESCRIPTION OF:
(1) THE FACTS AND CIRCUMSTANCES OF THE INVESTIGATION; AND
(2) THE STATUS AND DISPOSITION OF THE MATTER, INCLUDING:
(A) IF THE MATTER WAS REFERRED TO THE LOCAL, STATE, OR FEDERAL PROSE-
CUTORS, THE DATE OF THE REFERRAL; AND
(B) IF THE AGENCY DECLINED THE REFERRAL, THE DATE OF THE DECLINATION;
(VII) A DETAILED DESCRIPTION OF ANY INSTANCE OF WHISTLEBLOWER RETALI-
ATION, INCLUDING INFORMATION ABOUT THE OFFICIAL FOUND TO HAVE ENGAGED IN
RETALIATION; AND WHAT, IF ANY, CONSEQUENCES THE ESTABLISHMENT ACTUALLY
IMPOSED TO HOLD THE OFFICIAL ACCOUNTABLE;
(VIII) A DETAILED DESCRIPTION OF ANY ATTEMPT BY COVERED AGENCIES TO
INTERFERE WITH THE INDEPENDENCE OF THE OFFICE, INCLUDING INCIDENTS WHERE
THE AGENCY HAS RESISTED OR OBJECTED TO OVERSIGHT ACTIVITIES OF THE
OFFICE OR RESTRICTED OR SIGNIFICANTLY DELAYED ACCESS TO INFORMATION,
INCLUDING THE JUSTIFICATION OF THE AGENCY FOR SUCH ACTION;
(B) THESE REPORTS MUST BE MADE AVAILABLE TO THE PUBLIC WITH NECESSARY
REDACTIONS WITHIN THIRTY DAYS OF THEIR DELIVERY TO THE LEGISLATURE.
11. PUBLISH ON ITS PUBLICLY ACCESSIBLE WEBSITE INFORMATION ABOUT THE
OFFICE'S DUTIES AND RESPONSIBILITIES, INCLUDING A PUBLIC PROCEDURES
MANUAL FOR HOW AN ENFORCEMENT COMPLAINT IS FILED, OPENED, INVESTIGATED
AND RESOLVED.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.