Bill Text: NY A03791 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits state agencies from imposing or suggesting any enforcement quotas or from using quotas as a reward to evaluation method.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A03791 Detail]

Download: New_York-2019-A03791-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3791
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M. of A. ZEBROWSKI, SIMOTAS -- read once and referred to
          the Committee on Governmental Operations
        AN ACT to amend the state administrative procedure act, in  relation  to
          enforcement of violations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The state administrative procedure act is amended by adding
     2  a new article 6 to read as follows:
     3                                  ARTICLE 6
     4                          ENFORCEMENT OF VIOLATIONS
     5  Section 601. Enforcement of violations.
     6    § 601. Enforcement of violations. 1. Unless otherwise provided by law,
     7  no state agency shall:
     8    (a) impose or suggest any enforcement quota with respect  to  officers
     9  or  employees directly involved in enforcement activities or their imme-
    10  diate supervisors;
    11    (b) use records of quantitative enforcement  results  as  the  primary
    12  criterion to evaluate such officers, employees or supervisors;
    13    (c)  reward any officer, employee or supervisor for meeting or exceed-
    14  ing an enforcement quota; or
    15    (d) transfer or in any other manner penalize or threaten, expressly or
    16  impliedly, any such officer, employee or supervisor as  to  his  or  her
    17  employment in a manner, including, but not limited to, a reassignment, a
    18  scheduling  change, an adverse evaluation, a constructive dismissal, the
    19  denial of a promotion, or the denial of overtime, based in whole  or  in
    20  part on such person's failure to meet an enforcement quota.
    21    2.  Nothing  in  this section shall preclude an agency from making and
    22  communicating forecasts of enforcement results  for  planning  purposes,
    23  and  accumulating,  tabulating, publishing and using enforcement results
    24  for management and control of agency resources so  long  as  enforcement
    25  results or tabulations are not used as the primary criterion to evaluate
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06478-01-9
        A. 3791                             2
     1  an  officer  or employee described in subdivision one of this section or
     2  to impose or suggest enforcement quotas. In the discharge of a manager's
     3  responsibilities, but subject to the provisions of  subdivision  one  of
     4  this  section, a manager may raise questions with an officer or employee
     5  about the number of cases processed  or  inspections  performed  by  the
     6  officer or employee, the amount of time the officer or employee has been
     7  spending  on  individual  enforcement activities, or the kind of results
     8  the officer or employee has been obtaining, and may use  similar  stand-
     9  ards  in  evaluating the performance of a supervisor of such officers or
    10  employees.
    11    3. As used in this section, "enforcement quota" shall mean a quantita-
    12  tive  standard  for  evaluating  or  measuring  enforcement  activities,
    13  including  but not limited to (a) a specific number of enforcement cases
    14  in which citations for violations are made within a specified period  of
    15  time;  (b) the total number of violations found within a specified peri-
    16  od; (c) the total dollar amount of penalties associated with enforcement
    17  activities within a specified period of time; or (d) any  comparison  of
    18  the  enforcement  activities  of an officer, employee or supervisor with
    19  other officers, employees or supervisors, with an average of such activ-
    20  ities or with other quantitative standards, when  used  to  penalize  or
    21  reward  officers,  employees  or supervisors for attaining or failing to
    22  attain a specific number of citations for  violations  and/or  penalties
    23  within a specified period of time.
    24    § 2. This act shall take effect immediately.