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

                                  9372

                          I N  A S S E M B L Y

                            February 24, 2012
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Operations

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 574 of the laws of 2011, 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 [twelve] FOURTEEN because of economy, consolidation  or  aboli-
tion  of  functions, curtailment of activities or other reduction in the
state work force. On or before the date of such termination  of  employ-
ment,  the state agency shall provide to the terminated employee a writ-
ten certification that the employee has been terminated because of econ-
omy, 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.
              

                                                           LBD14105-01-2

A. 9372                             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 April 1, 2012.