S5109-2011 Actions

• Sep 23, 2011: SIGNED CHAP.574
• Sep 12, 2011: DELIVERED TO GOVERNOR
• Jun 20, 2011: returned to senate
• Jun 20, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.501
• Jun 20, 2011: substituted for a8111
• Jun 16, 2011: referred to governmental operations
• Jun 16, 2011: DELIVERED TO ASSEMBLY
• Jun 16, 2011: PASSED SENATE
• Jun 1, 2011: ADVANCED TO THIRD READING
• May 25, 2011: 2ND REPORT CAL.
• May 24, 2011: 1ST REPORT CAL.863
• May 3, 2011: REFERRED TO FINANCE

S5109-2011 Meetings

S5109-2011 Calendars

S5109-2011 Votes

S5109-2011 Memo

BILL NUMBER:S5109

TITLE OF BILL:
An act
to amend the public officers law, in relation to activities by former
state officers

PURPOSE:
Extends an exemption until 2012 for state officers and
employees prohibited from appearing or practicing before his or her
former agency for compensation if he or she was terminated due to
reductions in the state workforce.

SUMMARY OF PROVISIONS:
Section 1 amends paragraph (b) of subdivision 8
of section 73 of the public officers law, as amended by chapter 306
of the laws of 2009, by specifying that the provisions of
subparagraph (i) of paragraph (a) of that subdivision shall not apply
to any state officer or employee terminated on or after January 1,
1995 and before April 1, 1999, or on or after January 1, 2009 and
before April 1, 2012, because of economy, consolidation, or abolition
of functions, curtailment of activities, or other reduction in the
state workforce.

Section 1 continues to require that on or before the date of such
termination of employment, the state agency shall provide to the
terminated employee a written certification that the employee has
been terminated because of economy, consolidation, or abolition of
functions, curtailment of activities, or other reduction in the state
workforce, and such employee is covered by the provisions of that
paragraph.

Section 1 further requires that the written certification contain a
notice describing the rights and responsibilities of the employee
pursuant to the provisions of that section, and sets forth the
information to be contained in the certification and notice.

Section 2 provides for an effective date of January 1, 2011.

JUSTIFICATION:
State officers and employees involuntarily terminated
because of reductions in the state workforce should not be prohibited
from reentering the workforce where opportunities are available.

FISCAL IMPLICATIONS:
No fiscal implications.

LOCAL FISCAL IMPLICATIONS:
No local fiscal implications.

EFFECTIVE DATE:
Effective immediately and retroactively to January 1, 2011.

S5109-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5109
 2011-2012 Regular Sessions
 I N  SENATE
 May 3, 2011
 
 Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance
 

AN ACT to amend the public officers law, in relation  to  activities  by
 former state officers
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraph (b) of subdivision 8 of section 73 of the  public
 officers  law, as amended by chapter 306 of the laws of 2009, is amended
 to read as follows:

 (b) (i) The provisions of subparagraph (i) of paragraph  (a)  of  this
 subdivision  shall  not  apply  to  any  state officer or employee whose
 employment was terminated on or after January  first,  nineteen  hundred
 ninety-five  and  before April first, nineteen hundred ninety-nine or on
 or after January first, two thousand nine and before  April  first,  two
 thousand  [eleven] TWELVE because of economy, consolidation or abolition
 of functions, curtailment of activities or other reduction in the  state
 work force. On or before the date of such termination of employment, the
 state  agency shall provide to the terminated employee a written certif
 ication that the  employee  has  been  terminated  because  of  economy,
 consolidation  or  abolition  of functions, curtailment of activities or
 other reduction in the state work  force,  and  that  such  employee  is
 covered  by  the provisions of this paragraph. The written certification
 shall also contain a notice describing the rights  and  responsibilities
 of  the employee pursuant to the provisions of this section. The certif
 ication and notice shall contain the information and  shall  be  in  the
 form set forth below:

 CERTIFICATION AND NOTICE
 TO:  Employee's Name:

 State agency:

 Date of Termination:

 I, (name and title) of (state agency), hereby certify that your termi
 nation from State service is because of economy, consolidation or aboli
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08742-01-1
 
       S. 5109                             2
 tion  of  functions, curtailment of activities or other reduction in the
 State work force. Therefore, you are covered by the provisions of  para
 graph  (b)  of  subdivision eight of section seventy-three of the Public
 Officers Law.
 You were designated as a policy maker: YES  NO
 
 (TITLE)
 TO THE EMPLOYEE:

 This  certification affects your right to engage in certain activities
 after you leave state service.
 Ordinarily, employees who leave State service may not, for two  years,
 appear  or  practice  before their former agency or receive compensation
 for rendering services on a matter before their former agency.  However,
 because of this certification, you may be exempt from this restriction.
 If  you  were  not designated as a Policymaker by your agency, you are
 automatically exempt. You may, upon leaving State  service,  immediately
 appear,  practice  or  receive compensation for services rendered before
 your former agency.
 If you were designated as a Policymaker by your agency, you are eligi
 ble to apply for an exemption to the Commission on Public  Integrity  at
 540 Broadway, Albany, New York 12207.
 Even  if  you are or become exempt from the two year bar, the lifetime
 bar of the revolving door statute will continue to apply to you. You may
 not appear, practice, communicate or otherwise  render  services  before
 any  State  agency  in  relation to any case, proceeding, application or
 transaction with respect to which you were  directly  concerned  and  in
 which  you  personally  participated during your State service, or which
 was under your active consideration.
 If you have any questions about the application of the post-employment
 restrictions to your circumstances, you may contact  the  Commission  on
 Public Integrity at (518) 408-3976 or 1-800-87ETHIC (1-800-873-8442).
 (ii)  The  provisions  of subparagraph (i) of this paragraph shall not
 apply to any such officer or employee who at the time  of  or  prior  to
 such  termination had served in a policymaking position as determined by
 the appointing authority, which determination had been  filed  with  the
 state  ethics commission or the commission on public integrity, provided
 that such officer or employee may so appear or practice or receive  such
 compensation  with  the prior approval of the state ethics commission or
 the commission on public integrity. In determining whether to grant such
 approval the state ethics commission or the commission on public  integ
 rity shall consider:

 A.  whether the employee's prior job duties involved substantial deci
 sion-making authority over policies, rule or contracts;
 B. the nature of the duties to be performed by the  employee  for  the
 prospective employer;
 C. whether the prospective employment is likely to involve substantial
 contact  with  the  employee's former agency and the extent to which any
 such contact is likely to involve  matters  where  the  agency  has  the
 discretion to make decisions based on the work product of the employee;
 D.  whether  the prospective employment may be beneficial to the state
 or the public; and
 E. the extent of economic hardship to the employee if the  application
 is denied.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on or after January 1, 2011.

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