S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   125

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. NOLAN, CYMBROWITZ, GALEF, GLICK, JAFFEE, PAULIN,
  WEISENBERG, SCHIMEL -- read once and  referred  to  the  Committee  on
  Governmental Operations

AN  ACT to amend the public officers law, in relation to removing public
  officials  from  office  who  are  convicted  of  certain  misdemeanor
  offenses

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

  Section 1. Subdivision 1 of section 30 of the public officers law,  as
amended  by  chapter  209 of the laws of 1954, paragraph e as amended by
chapter 454 of the laws of 1987 and paragraph f as  amended  by  chapter
550 of the laws of 1978, is amended to read as follows:
  1.  Every  office  shall  be  vacant  upon the happening of one of the
following events before the expiration of the term thereof:
  a. The death of the incumbent;
  b. His OR HER resignation;
  c. His OR HER removal from office;
  d. His OR HER ceasing to be an inhabitant of the state, or  if  he  OR
SHE  be  a  local  officer,  of  the political subdivision, or municipal
corporation of which he OR SHE is required to be a resident when chosen;
  e. His OR HER conviction of a felony, OR A MISDEMEANOR OFFENSE AGAINST
ANOTHER PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT,  RESTRAINT  OR
INTIMIDATION,  or  a  crime  involving a violation of his OR HER oath of
office, provided, however, that a non-elected  official  may  apply  for
reinstatement  to the appointing authority upon reversal or the vacating
of such conviction where the conviction is the sole basis for the vacan-
cy. After receipt of such application, the  appointing  authority  shall
afford  such  applicant  a hearing to determine whether reinstatement is
warranted. The record of the hearing shall include the final judgment of
the court which reversed or vacated such conviction and may also include

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00125-01-3

A. 125                              2

the entire employment history of the applicant and any other submissions
which may form the  basis  of  the  grant  or  denial  of  reinstatement
notwithstanding  the  reversal  or vacating of such conviction. Notwith-
standing  any  law  to  the  contrary,  after review of such record, the
appointing authority may, in its discretion, reappoint such  non-elected
official  to his OR HER former office, or a similar office if his OR HER
former office is no  longer  available.  In  the  event  of  such  rein-
statement, the appointing authority may, in its discretion, award salary
or  compensation  in  full  or in part for the period from the date such
office became vacant to the date of reinstatement or any part thereof;
  f. The entry of a judgment or order of a court of competent  jurisdic-
tion declaring him OR HER to be incompetent;
  g.  The  judgment  of  a  court, declaring void his OR HER election or
appointment, or that his OR HER office is forfeited or vacant;
  h. His OR HER refusal or neglect to file his OR HER official  oath  or
undertaking,  if one is required, before or within thirty days after the
commencement of the term of office for which he OR SHE is chosen, if  an
elective  office,  or  if an appointive office, within thirty days after
notice of his OR HER  appointment,  or  within  thirty  days  after  the
commencement  of  such term; or to file a renewal undertaking within the
time required by law, or if no time be so specified, within thirty  days
after notice to him OR HER in pursuance of law, that such renewal under-
taking is required. The neglect or failure of any state or local officer
to  execute  and file his OR HER oath of office and official undertaking
within the time limited therefor by law, shall not create a  vacancy  in
the office if such officer was on active duty in the armed forces of the
United  States and absent from the county of his OR HER residence at the
time of his OR HER election or appointment, and shall take  his  OR  HER
oath of office and execute his OR HER official undertaking within thirty
days  after receipt of notice of his OR HER election or appointment, and
provided such oath of office and official undertaking  be  filed  within
ninety  days  following  the  date it has been taken and subscribed, any
inconsistent provision of law, general, special, or local to the contra-
ry, notwithstanding.
  S 2. This act shall take effect immediately.