Bill Text: NY A05208 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to an assembly standing committee on ethics and guidance.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A05208 Detail]
Download: New_York-2019-A05208-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5208 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. BARCLAY, DiPIETRO, FINCH, HAWLEY, KOLB, MONTESA- NO, STEC, BYRNES, CROUCH, MORINELLO -- Multi-Sponsored by -- M. of A. DeSTEFANO, MANKTELOW -- read once and referred to the Committee on Governmental Operations AN ACT to amend the legislative law, in relation to creating an assembly standing committee on ethics and guidance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The legislative law is amended by adding a new section 68 2 to read as follows: 3 § 68. Assembly standing committee on ethics and guidance. 1. There is 4 established a standing committee in the assembly on ethics and guidance 5 which shall replace the standing committee on ethics and guidance as 6 established by the rules of the assembly. The committee shall consist of 7 an equal number of majority and minority members for a total of eight 8 members. The eight members shall be members of the assembly and 9 appointed as follows: four by the speaker of the assembly and four by 10 the minority leader of the assembly. 11 2. The committee shall serve as described in this section and have and 12 exercise the powers and duties set forth in this section only with 13 respect to members of the assembly and assembly employees. 14 3. Members of the assembly who serve on the committee shall each have 15 a two year term concurrent with their legislative terms of office. 16 4. Members of the committee may only be removed by a majority vote of 17 the committee solely for substantial neglect of duty, gross misconduct 18 in office, violation of the confidentiality restrictions in this 19 section, inability to discharge the powers or duties of office or 20 violation of this section, after written notice and opportunity for a 21 reply. 22 5. The speaker of the assembly and the minority leader of the assembly 23 shall each designate one member of the committee as a co-chairperson EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02399-01-9A. 5208 2 1 thereof. The co-chairpersons shall receive compensation as provided for 2 in section five-a of this chapter. 3 6. The committee shall meet at least bi-monthly and at such additional 4 times as may be called for by the co-chairpersons jointly or any four 5 members of the committee. 6 7. Any vacancy occurring on the committee shall be filled within thir- 7 ty days by the appointing authority. 8 8. Five members of the committee shall constitute a quorum, and the 9 committee shall have power to act by majority vote of the total number 10 of members of the committee without vacancy. 11 9. The committee shall be funded separately from the assembly appro- 12 priations provided annually in an amount deemed appropriate by an agree- 13 ment of the co-chairs for the maintenance and operation of the commit- 14 tee. Such appropriation for the committee shall be specifically lined 15 out in the legislative budget. The executive director and employees of 16 the committee shall be considered as employees of the assembly for all 17 purposes. 18 10. The committee shall: 19 (a) appoint an executive director who shall act in accordance with the 20 policies of the committee, provided that the committee may remove the 21 executive director by a majority vote for neglect of duty, misconduct in 22 office, or inability or failure to discharge the powers or duties of 23 office; 24 (b) appoint such other staff as are necessary to assist it to carry 25 out its duties under this section; 26 (c) adopt, amend, and rescind policies, rules and regulations consist- 27 ent with this section to govern procedures of the committee; 28 (d) administer the provisions of this section; 29 (e) review all rules and policies of the speaker or the assembly 30 relating to conduct of members and employees of the assembly, including 31 but not limited to ethics, sexual harassment and fraternization with 32 student interns, and recommend to the speaker of the assembly and the 33 minority leader of the assembly any changes to such rules and policies 34 or offer motions to amend rules of the assembly, or offer motions to 35 suspend rules of the assembly, or adopt policies relating to conduct of 36 members and employees of the assembly, including but not limited to 37 ethics, sexual harassment and fraternization with student interns. Any 38 such policy relating to conduct of members and employees of the assembly 39 adopted by the committee shall be the policy of the assembly and subject 40 to the provisions of this section; 41 (f) develop and regularly update a course of instruction for all 42 members and employees of the assembly with regard to the laws and poli- 43 cies governing their conduct. The committee shall recommend to the 44 speaker of the assembly and the minority leader of the assembly a 45 conduct and ethics training plan for implementing and scheduling such 46 course of instruction for members, employees and newly-hired employees; 47 (g) prepare an annual report to the speaker of the assembly and the 48 minority leader of the assembly summarizing the activities of the 49 committee during the previous year and recommending any changes in the 50 laws governing the conduct of persons subject to the jurisdiction of the 51 committee, or the rules, regulations and procedures governing the 52 committee's conduct. Such report shall include: (i) a listing by 53 assigned number of each complaint including current status of each 54 complaint, (ii) where a matter was deferred, and (iii) where a matter 55 has been resolved, the date and nature of the disposition and any sanc-A. 5208 3 1 tion imposed, subject to the confidentiality requirements of this 2 section; and 3 (h) investigate complaints and impose disciplinary measures against 4 members and employees found in violation of rules and policies of the 5 speaker or the assembly or the public officers law or other law. 6 11. Investigations, mandatory reporting of violations, and enforcement 7 authority: 8 (a) The committee shall have the authority, on its own accord, to 9 initiate by a majority vote an investigation into a possible violation, 10 by any member or employee of the assembly, of the rules or policy of the 11 speaker or the assembly or of the public officers law or other law. 12 (b) Any formal or informal complaint of a violation of rules and poli- 13 cies of the speaker or the assembly relating to conduct of members and 14 employees of the assembly or of a violation of the public officers law 15 or other law, must be reported to the committee within five days of such 16 complaint being made to counsel, office of human resources, office of 17 administration and personnel or intake representative. 18 (c) The committee shall review such complaint at the next meeting of 19 such committee and determine by majority vote whether to investigate 20 such complaint further, commence a full formal investigation of such 21 complaint or defer such complaint to the joint commission on public 22 ethics, the legislative ethics commission, or an appropriate prosecutor. 23 The staff of the committee shall provide to the members of the committee 24 prior to such vote information regarding the likely scope and content of 25 the investigation, and a subpoena plan, to the extent such information 26 is available. 27 (d) If the committee determines by majority vote that a full formal 28 investigation shall commence the committee shall notify the individual 29 in writing, describe the possible or alleged violation of rules and 30 policies of the speaker or the assembly related to conduct of members 31 and employees of the assembly or of a violation of the public officers 32 law or other law and provide the person with a fifteen day period in 33 which to submit a written response setting forth information relating to 34 the activities cited as a possible or alleged violation of such rules 35 and policies. 36 (e) The committee has the authority to conduct any inquiry pertinent 37 or material to the discharge of the functions, powers and duties imposed 38 by law; and through designated members of the staff, to subpoena 39 witnesses, administer oaths, take testimony and compel the production of 40 such books, papers, records and documents as may be relevant to any such 41 inquiry and investigation. 42 (f) If the committee determines at any stage that there is no 43 violation, it shall so advise the individual and the complainant, if 44 any. All of the foregoing proceedings shall be confidential. 45 (g) The jurisdiction of the committee when acting pursuant to this 46 section shall continue notwithstanding that a member of the assembly or 47 assembly employee separates from assembly service, provided that the 48 committee notifies such individual of the alleged violation of rules and 49 policies of the speaker or the assembly relating to conduct of members 50 and employees of the assembly or of a violation of the public officers 51 law pursuant to paragraph (c) of this subdivision within one year from 52 his or her separation from assembly service. 53 (h) If during the course of its investigation the committee deems that 54 a violation of rules and policies of the speaker or the assembly related 55 to conduct of members and employees of the assembly or a violation ofA. 5208 4 1 the public officers law or other law has occurred, the committee shall 2 notify the individual in writing. 3 (i) The committee shall have the authority to (i) recommend punish- 4 ments for violations of rules and policies of the speaker or the assem- 5 bly, or the public officers law or other law, including but not limited 6 to censure, stripping members of leadership positions or expulsion 7 pursuant to section three of this chapter and (ii) access penalties 8 pursuant to applicable law or rule. 9 (j) No member or employee of the assembly shall take any adverse 10 personnel action with respect to another member or employee of the 11 assembly in retaliation for his or her making a report to the committee, 12 or for his or her official duties as a member of the committee, concern- 13 ing conduct which he or she knows or reasonably believes to be a 14 violation of rules and policies of the speaker or the assembly or the 15 public officers law or other law. 16 (k) Notwithstanding the provisions of article six of the public offi- 17 cers law, the only records of the committee which shall be available for 18 public inspection and copying are: 19 (i) the terms of any settlement or compromise of a complaint or refer- 20 ral or report which includes a fine, penalty or other remedy reached by 21 the committee; and 22 (ii) all reports required by this section. 23 12. Notwithstanding the provisions of article seven of the public 24 officers law, no meeting or proceeding of the committee shall be open to 25 the public, except if expressly provided otherwise by this section or 26 the committee. 27 § 2. That portion of subdivision 1 of section 5-a of the legislative 28 law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by 29 section 3 of part XX of chapter 56 of the laws of 2009, is amended to 30 read as follows: 31 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY 32 Chairman of assembly ways and means committee ................... 34,000 33 Ranking minority member of assembly ways and means 34 committee ...................................................... 20,500 35 Chairman of assembly judiciary committee ........................ 18,000 36 Ranking minority member of assembly judiciary 37 committee ...................................................... 11,000 38 Chairman of assembly codes committee ............................ 18,000 39 Ranking minority member of assembly codes 40 committee ...................................................... 11,000 41 Chairman of assembly banks committee ............................ 15,000 42 Ranking minority member of assembly banks committee .............. 9,500 43 Chairman of assembly committee on cities ........................ 15,000 44 Ranking minority member of assembly committee on cities .......... 9,500 45 Chairman of assembly education committee ........................ 18,000 46 Ranking minority member of assembly education committee ......... 11,000 47 Chairman of assembly health committee ........................... 15,000 48 Ranking minority member of assembly health committee ............. 9,500 49 Chairman of assembly local governments committee ................ 15,000 50 Ranking minority member of assembly local governments 51 committee ....................................................... 9,500 52 Chairman of assembly agriculture committee ...................... 12,500 53 Ranking minority member of assembly agriculture committee ........ 9,000 54 Chairman of assembly economic development, job creation,A. 5208 5 1 commerce and industry committee ................................ 18,000 2 Ranking minority member of assembly economic development, 3 job creation, commerce and industry committee .................. 11,000 4 Chairman of assembly environmental conservation committee ....... 12,500 5 Ranking minority member of assembly environmental 6 conservation committee .......................................... 9,000 7 Chairman of assembly corporations, authorities 8 and commissions committee ...................................... 15,000 9 Ranking minority member of assembly corporations, 10 authorities, and commissions committee .......................... 9,500 11 Chairman of assembly correction committee ....................... 12,500 12 Ranking minority member of assembly correction committee ......... 9,000 13 Majority Chairman of assembly ethics and guidance 14 committee ...................................................... 12,500 15 [Ranking minority member of assembly ethics and guidance16committee ...................................................... 9,000] 17 Minority Chairman of assembly ethics and guidance 18 committee ...................................................... 12,500 19 Chairman of assembly governmental employees committee ........... 12,500 20 Ranking minority member of assembly governmental 21 employees committee ............................................. 9,000 22 Chairman of assembly governmental operations committee .......... 12,500 23 Ranking minority member of assembly governmental 24 operations committee ............................................ 9,000 25 Chairman of assembly housing committee .......................... 12,500 26 Ranking minority member of assembly housing committee ............ 9,000 27 Chairman of assembly insurance committee ........................ 12,500 28 Ranking minority member of assembly insurance committee .......... 9,000 29 Chairman of assembly labor committee ............................ 14,000 30 Ranking minority member of assembly labor committee .............. 9,000 31 Chairman of assembly racing and wagering committee .............. 12,500 32 Ranking minority member of assembly racing and wagering 33 committee ....................................................... 9,000 34 Chairman of assembly social services committee .................. 12,500 35 Ranking minority member of assembly social services 36 committee ....................................................... 9,000 37 Chairman of assembly small business committee ................... 12,500 38 Ranking minority member of assembly small business 39 committee ....................................................... 9,000 40 Chairman of assembly transportation committee ................... 15,000 41 Ranking minority member of assembly transportation 42 committee ....................................................... 9,500 43 Chairman of assembly veterans' affairs committee ................ 12,500 44 Ranking minority member of assembly veterans' affairs 45 committee ....................................................... 9,000 46 Chairman of assembly aging committee ............................ 12,500 47 Ranking minority member of assembly aging committee .............. 9,000 48 Chairman of the assembly alcoholism and drug abuse 49 committee ...................................................... 12,500 50 Ranking minority member of the assembly 51 alcoholism and drug abuse committee ............................. 9,000 52 Chairman of assembly committee on mental health, 53 mental retardation and developmental disabilities .............. 12,500 54 Ranking minority member of assembly committee on mental health,A. 5208 6 1 mental retardation and developmental disabilities ............... 9,000 2 Chairman of assembly higher education committee ................. 12,500 3 Ranking minority member of assembly higher education 4 committee ....................................................... 9,000 5 Chairman of assembly real property taxation committee ........... 12,500 6 Ranking minority member of assembly real property 7 taxation committee .............................................. 9,000 8 Chairman of assembly election law committee ..................... 12,500 9 Ranking minority member of assembly election 10 law committee ................................................... 9,000 11 Chairman of assembly children and families committee ............ 12,500 12 Ranking minority member of assembly children 13 and families committee .......................................... 9,000 14 Chairman of assembly consumer affairs and protection 15 committee ...................................................... 12,500 16 Ranking minority member of assembly consumer affairs and 17 protection committee ............................................ 9,000 18 Chairman of the assembly energy committee ....................... 12,500 19 Ranking minority member of assembly energy committee ............. 9,000 20 Chairman of assembly tourism, parks, arts and sports development 21 committee ...................................................... 12,500 22 Ranking minority member of assembly tourism, parks, arts and 23 sports development committee .................................... 9,000 24 Chairman of assembly oversight, analysis and investigation 25 committee ...................................................... 12,500 26 Ranking minority member of assembly oversight, 27 analysis and investigation committee ............................ 9,000 28 Chairman of assembly office of state-federal relations .......... 12,500 29 Chairman of majority house operations ........................... 12,500 30 Chairman of minority house operations ............................ 9,000 31 Co-chairman of the administrative regulations review 32 commission ..................................................... 12,500 33 § 3. Severability clause. If any part or provision of this section or 34 the application thereof to any person is adjudged by a court of compe- 35 tent jurisdiction to be unconstitutional or otherwise invalid, such 36 judgment shall not affect or impair any other part or provision or the 37 application thereof to any other person, but shall be confined to such 38 part or provision. 39 § 4. This act shall take effect immediately.
