A4768-2011 Actions

• May 1, 2012: held for consideration in governmental operations
• Jan 4, 2012: referred to governmental operations
• Feb 7, 2011: referred to governmental operations

A4768-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4768
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 7, 2011
 
 Introduced  by  M. of A. BOYLE, CERETTO, MALLIOTAKIS, MONTESANO, MURRAY,
 REILICH -- Multi-Sponsored by -- M. of A.  BURLING,  BUTLER,  CALHOUN,
 CONTE, CORWIN, CROUCH, CURRAN, DUPREY, FITZPATRICK, GABRYSZAK, GIGLIO,
 GRAF,  JORDAN,  KELLNER,  McDONOUGH,  McKEVITT,  McLAUGHLIN, MOLINARO,
 OAKS, RABBITT, RAIA, SAYWARD, SPANO, THIELE -- read once and  referred
 to the Committee on Governmental Operations
 AN  ACT to amend the public officers law, in relation to prohibiting the
 destruction of constituent case files by public officials
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. This act shall be known and may be cited as the "constitu
 ent casework protection act".
 

S 2.

Section 80 of the public officers law, as amended by chapter  556
 of the laws of 1925, is amended to read as follows:

 

S 80. Delivery  of  books and papers, money and property.  1. A public
 officer shall demand from his OR HER predecessor in office or any person
 in whose possession they may be, a delivery to such officer of all books
 and papers, money and property belonging or appertaining to such office.
 If such demand is refused, such officer may make  complaint  thereof  to
 any justice of the supreme court of the district, or to the county judge
 of  the  county in which the person refusing resides. If such justice or
 judge be satisfied that such books or papers,  money  and  property  are
 withheld,  he  OR SHE shall grant an order directing the person refusing
 to show cause before him OR HER at a time specified therein, why  he  OR
 SHE  should  not deliver the same. At such time, or at any time to which
 the matter may be adjourned, on proof of the due service of  the  order,
 such  justice  or judge shall proceed to inquire into the circumstances.
 If the person charged with withholding such books or papers,  money  and
 property makes affidavit before such justice or judge that he OR SHE has
 delivered to the officer all books and papers, money and property in his
 OR  HER  custody  which,  within  his OR HER knowledge, or to his OR HER
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07622-05-1
 
       A. 4768                             2
 belief belong or appertain thereto, such proceedings before such justice
 or judge shall cease, and such  person  be  discharged.  If  the  person
 complained  against  shall  not  make such oath, and it appears that any
 such  books  or  papers,  money and property are withheld by him OR HER,
 such justice or judge shall commit him OR HER to the county  jail  until
 he  OR  SHE  delivers  such  books and papers, money and property, or is
 otherwise discharged according to law. On such commitment, such  justice
 or  judge,  if  required by the complainant, shall also issue his OR HER
 warrant directed to any sheriff or constable, commanding him OR  HER  to
 search,  in  the  daytime, the places designated therein, for such books
 and papers, money and property, and to bring them before such justice or
 judge. If any such books and papers, money  and  property,  are  brought
 before  him  OR HER by virtue of such warrant, he OR SHE shall determine
 whether they appertain to such office, and if so shall cause them to  be
 delivered to the complainant.
 2.  A.   NO PUBLIC OFFICER SHALL KNOWINGLY, WILLFULLY OR INTENTIONALLY
 DESTROY CONSTITUENT CASE FILES, OR PERMIT ANOTHER PERSON TO DO  SO.  FOR
 THE  PURPOSES  OF THIS SUBDIVISION, CONSTITUENT CASE FILES SHALL INCLUDE
 ANY CORRESPONDENCE, WRITTEN OR ELECTRONIC, BETWEEN AN  ELECTED  OFFICIAL
 AND  A  CONSTITUENT  OR ANY CORRESPONDENCE BETWEEN SAID ELECTED OFFICIAL
 AND ANY OTHER PARTY PERTAINING TO: A CONSTITUENT'S GRIEVANCE; OR A QUES
 TION OF ELIGIBILITY FOR ANY BENEFIT; OR ANY ISSUE REGARDING A  CONSTITU
 ENT REQUEST FOR ASSISTANCE.
 B.    ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL
 BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE  OF  AT  LEAST
 TEN  THOUSAND DOLLARS BUT NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS, OR
 TO A TERM OF IMPRISONMENT OF UP TO ONE YEAR, OR BOTH. THE PROVISIONS  OF
 THIS  SUBDIVISION  SHALL NOT APPLY TO: (A) ANY FILES WHICH ARE PROTECTED
 BY ATTORNEY-CLIENT PRIVILEGE, OR (B) ANY DESTRUCTION OF FILES WHICH  THE
 CONSTITUENT  CONSENTS  TO  IN  WRITING,  OR  (C)  CORRESPONDENCE  FROM A
 CONSTITUENT PRIMARILY ADVOCATING FOR OR AGAINST LEGISLATION, OR (D)  ANY
 FILES WHICH RELATE TO MATTERS WHICH HAVE BEEN RESOLVED.
 

S 3. This act shall take effect immediately.

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