New York A 10651: Relating to state government integrity

Bill Text

STATE OF NEW YORK
________________________________________________________________________
10651
IN ASSEMBLY
May 10, 2018
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Governmental Operations
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing that the constitution be amended by adding a new article V-A;
in relation to state government integrity
1 Section 1. Resolved (if the Senate concur), That the constitution be
2 amended by adding a new article V-A to read as follows:
3 ARTICLE V-A
4 STATE GOVERNMENT INTEGRITY
5 Sec.
6 1. Declarations of the people.
7 2. New York state government integrity commission.
8 3. Additional powers of the commission.
9 4. Funding of the commission.
10 5. State code of ethics.
11 6. Recommending revisions of campaign contribution limits.
12 7. Transparency.
13 Section 1. a. The people of New York expect officers and employees of
14 the state to observe laws, rules and regulations that specify high stan-
15 dards of ethical conduct designed to avoid the reality and appearance of
16 corruption, conflict of interest, self-dealing and breach of the public
17 trust. Equally they expect that candidates for state office and others
18 seeking to influence state elections to observe laws, rules and regu-
19 lations designed to regulate actual and potential corruption and
20 conflicts of interest by regulating the influence of money in politics
21 and making transparent the financing and expenditures of efforts to
22 influence voters. To protect the integrity and freedom from corruption
23 of the use of state power to enact laws, establish rules and regu-
24 lations, and contract for goods and services funded in whole or in part
25 with state taxes and other revenues, the people of New York expect
26 observance of laws, rules and regulations that regulate lobbying, lobby-
27 ists and government procurement. To ensure the appropriate workplace
28 conduct of state officers and employees and those who interact with such
29 officers and employees while dealing with the state and its instrumen-
30 talities, the people of New York expect that all such persons will
31 observe laws, rules and regulations setting standards of appropriate and
32 non-discriminatory workplace behavior.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD89139-02-8

A. 10651 2
1 b. Achieving this goal requires an independent and non-partisan agency
2 with jurisdiction over matters pertaining to both the legislative and
3 executive branches of government and that has the needed powers to
4 train, advise, interpret, adopt rules and regulations, investigate,
5 conduct fair hearings that afford due process and impose appropriate
6 sanctions on a consistent basis so that, with fair and equal application
7 of the law, no person or entity, no matter what their status, influence
8 or role in government, can place themselves above the law or suffer
9 detriment due to any lack of such status, influence or role.
10 § 2. a. There shall be a New York state government integrity commis-
11 sion. The commission shall, on an independent and non-partisan basis,
12 receive, initiate, investigate and determine complaints with respect to
13 the matters specified in section one of this article. This jurisdiction
14 shall be in addition to and not in derogation of the investigatory,
15 disciplinary, vendor qualification or law enforcement authority of any
16 other person or entity and of the right of an aggrieved person to seek
17 civil redress in accordance with law. The commission may in its
18 discretion decline to initiate, or suspend initiation of proceedings, or
19 otherwise adjust its procedures, in view of such other proceedings
20 undertaken or able to be undertaken by such other person or entity.
21 b. When, after hearing, the commission has determined that the
22 respondent has violated a law, rule or regulation within the commis-
23 sion's jurisdiction to enforce, the commission may impose any civil
24 sanction authorized by law and/or refer the matter for criminal prose-
25 cution. The commission may also caution, admonish or censure such
26 respondent or, in the case of a non-elected state officer or employee,
27 suspend, demote or remove such respondent from office or employment
28 after such adjudicatory process that substantially complies with the
29 terms of any relevant collective bargaining agreement. In deciding the
30 severity of the sanction, the commission shall consider to what extent
31 the violation is inadvertent, isolated and/or of insubstantial conse-
32 quence on the one hand or willful, repeated, causing actual public harm
33 or risk of public harm and/or otherwise egregious on the other. Determi-
34 nations, other than a determination to refer for criminal prosecution,
35 shall be subject to judicial review in accordance with law except that
36 determinations to admonish, censure or remove an official elec