Creates the office of the law enforcement inspector general to oversee the intelligence operations of state and local law enforcement agencies.
TITLE OF BILL: An act to amend the executive law, in relation to establishing the office of the law enforcement inspector general
PURPOSE: To establish an independent state inspector general for law enforcement and agencies involved in intelligence gathering.
SUMMARY OF PROVISIONS:
Section 1 - Establishes the office of law enforcement inspector general organized under a new article.
This section creates the authority of the office to include all state and local law enforcement and intelligence agencies operating in New York. It further establishes the powers and duties of the inspector general. This section also mandates reporting requirements.
Section 2 - Establishes the effective date.
EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER: None.
JUSTIFICATION: Protecting the public trust from waste, fraud, and abuse is a principle established by the founders of our nation. In 1777, President Washington appointed an New Yorker, Friedrich W. A. von Steuben as an inspector general of the Army (Patricia Salkin & Zachary Kansler, Ensuring Public Trust at the Municipal Level: Inspectors General Enter the Mix, Albany Law Review Vol. 75, No.1).
Over the years we have found the need to establish inspectors general throughout New York. In 1873, the Legislature established commissioner of accounts to investigate corruption in New York City. Since then, the office State Inspector General and most recently the Medicaid Inspector General were created. These institutions ensure transparency and accountability.
According to a recent report by Professor James Steiner, Improving Homeland Security at the State Level, Needed: State-level, Integrated Intelligence Enterprises at least 1,500 - 1,600 field intelligence officers operate throughout New York state. These officers are full-time law enforcement officers who also serve as intelligence officers and are directed by the New York State Intelligence Center.
In addition, according to the Washington Posts report Top Secret America, there are at least 1,000 officers in the New York police Department that engage in intelligence and counter-terrorism activities. Recent reports by the Associated Press reveal that the NYPD has conducted surveillance operations based on religion. The NYPD engaged in surveillance of college students, businesses, non-profit organizations, and religious organizations well beyond their jurisdiction including other states. Through various federal programs, we know the New York police Department and other law enforcement agencies have received billions in federal funding since the tragic attack on September 11, 2001. Unfortunately, very little is known about these entities, the data they collect, and their operations.
This bill seeks to ensure that tax dollars are used lawfully and to prevent waste, fraud, and abuse by state and local law enforcement engaged intelligence activities.
LEGISLATIVE HISTORY: 2011-12: S.6695/A.9779 - Referred to Finance/Referred to Gov't Ops
FISCAL IMPLICATION: To be determined.
EFFECTIVE DATE: 180th day with provisions.
STATE OF NEW YORK ________________________________________________________________________ 2783 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sens. PARKER, ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing the office of the law enforcement inspector general THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new article 11-A to read as follows: ARTICLE 11-A OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL SECTION 232. JURISDICTION. 233. ESTABLISHMENT AND ORGANIZATION. 234. DEFINITIONS. 235. POWERS. 236. DISCLOSURE OF INFORMATION. 237. FUNCTIONS AND DUTIES. 238. REPORTS. S 232. JURISDICTION. THIS ARTICLE SHALL, SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT INSPEC- TOR GENERAL JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES OF THIS ARTICLE "COVERED AGENCY" SHALL INCLUDE ALL STATE AND LOCAL GOVERN- MENT LAW ENFORCEMENT AND INTELLIGENCE AGENCIES, INCLUDING THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, ENGAGED IN INTELLIGENCE OPERATIONS. S 233. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY ESTABLISHED THE OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL IN THE EXECUTIVE DEPARTMENT. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR WHO SHALL BE APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVISE AND CONSENT OF THE SENATE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02793-01-3 S. 2783 2
2. THE INSPECTOR SHALL HOLD OFFICE UNTIL THE END OF THE TERM OF THE GOVERNOR BY WHOM HE OR SHE WAS APPOINTED AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS QUALIFIED. 3. THE INSPECTOR SHALL REPORT DIRECTLY TO THE GOVERNOR. 4. SUCH PERSON APPOINTED AS INSPECTOR SHALL, UPON HIS OR HER APPOINT- MENT, HAVE NOT LESS THAN TEN YEARS PROFESSIONAL EXPERIENCE IN AREAS OF LAW ENFORCEMENT AND LAW ENFORCEMENT TRAINING, PROVIDED THE EXPERIENCE INVOLVES EXPERTISE IN INTELLIGENCE OPERATIONS. 5. SUCH PERSON APPOINTED AS INSPECTOR SHALL BE SUBJECT TO A SECURITY CLEARANCE INVESTIGATION BY A FEDERAL GOVERNMENT AGENCY AUTHORIZED TO PERFORM SUCH INVESTIGATIONS. 6. THE SALARY OF THE INSPECTOR SHALL BE ESTABLISHED BY THE GOVERNOR WITHIN THE LIMIT OF FUNDS AVAILABLE THEREFOR. S 234. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "INSPECTOR" SHALL MEAN THE LAW ENFORCEMENT INSPECTOR GENERAL CREATED BY THIS ARTICLE. 2. "INTELLIGENCE OPERATIONS" SHALL MEAN ANY INVESTIGATIVE LAW ENFORCE- MENT OPERATION, INCLUDING BUT NOT LIMITED TO, SENSITIVE OPERATION PLANS, SECURITY ACTIVITIES, INTELLIGENCE MATTERS, COUNTERINTELLIGENCE MATTERS AND ONGOING CRIMINAL INVESTIGATIONS. S 235. POWERS. THE INSPECTOR SHALL HAVE THE POWER TO: 1. SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES; 2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH; 3. REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW; 4. APPOINT SUCH DEPUTIES, DIRECTORS, ASSISTANTS AND OTHER OFFICERS AND EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF HIS OR HER DUTIES AND MAY PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS APPROPRIATED THEREFOR; 5. SOLICIT, RECEIVE AND INVESTIGATION COMPLAINTS RELATED TO FRAUD, CORRUPTION AND ABUSE WITHIN A COVERED AGENCY; 6. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED OR HELD BY ANY COVERED AGENCY. THE REMOVAL OF RECORDS SHALL BE LIMITED TO THOSE CIRCUM- STANCES IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN APPROPRIATE LEGAL OR INVESTIGATIVE PURPOSE, PROVIDED THAT IN SUCH INSTANCES THE COPYING AND RETURN OF SUCH ORIGINAL, OR COPY WHERE THE ORIGINAL IS REQUIRED FOR AN APPROPRIATE LEGAL OR INVESTIGATIVE PURPOSE, IS EXPEDITED AND SUCH ORIGINAL OR COPY IS READILY ACCESSIBLE BY THE COVERED AGENCY; 7. REQUIRE ANY OFFICER OR EMPLOYEE IN A COVERED AGENCY TO ANSWER QUES- TIONS CONCERNING ANY MATTER RELATED TO THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE USED AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSE- CUTION OTHER THAN FOR PERJURY OR CONTEMPT ARISING FROM SUCH TESTIMONY. THE REFUSAL OF ANY OFFICER OR EMPLOYEE TO ANSWER QUESTIONS SHALL BE CAUSE FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENAL- TY; 8. MONITOR THE IMPLEMENTATION BY COVERED AGENCIES OF ANY RECOMMENDA- TIONS MADE BY THE LAW ENFORCEMENT INSPECTOR GENERAL; 9. DEVELOP POLICIES, MONITOR AND EVALUATE COVERED AGENCY PERFORMANCE AND PROVIDE GUIDANCE TO ALL COVERED AGENCY ACTIVITIES RELATING TO CRIMI- NAL INVESTIGATIONS AND OTHER INTELLIGENCE OPERATIONS; 10. PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.S. 2783 3
S 236. DISCLOSURE OF INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY OTHER PROVISION OF LAW. S 237. FUNCTIONS AND DUTIES. THE LAW ENFORCEMENT INSPECTOR GENERAL SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES: 1. RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, CRIMI- NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN ANY COVERED AGENCY; 2. INFORM THE HEADS OF COVERED AGENCIES OF SUCH ALLEGATIONS AND THE PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES REQUIRE CONFIDENTIALITY; 3. DETERMINE WITH RESPECT TO SUCH ALLEGATIONS WHETHER DISCIPLINARY ACTION, CIVIL OR CRIMINAL PROSECUTION, OR FURTHER INVESTIGATION BY AN APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST IN SUCH INVESTIGATIONS; 4. PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH INVESTI- GATIONS, AS APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES. THE RELEASE OF ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN- TIALITY OF ONGOING INVESTIGATIONS; 5. REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF COVERED AGENCIES WITH REGARD TO THE PREVENTION AND DETECTION OF CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE; 6. RECOMMEND REMEDIAL ACTION TO PREVENT OR ELIMINATE CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES; 7. ESTABLISH PROGRAMS FOR TRAINING STATE OFFICERS AND EMPLOYEES REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES. S 238. REPORTS. 1. THE INSPECTOR SHALL, NO LATER THAN APRIL THIRTIETH OF EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A REPORT SUMMA- RIZING THE ACTIVITIES OF THE OFFICE DURING THE PRECEDING CALENDAR YEAR. 2. (A) THE INSPECTOR SHALL NOT PUBLICLY DISCLOSE INFORMATION WHICH: (I) IS A PART OF ANY ONGOING CRIMINAL INVESTIGATION; (II) COMPROMISES AN INTELLIGENCE OPERATION; (III) IS SPECIFICALLY PROHIBITED FROM DISCLOSURE BY ANY OTHER PROVISION OF LAW. (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, ANY REPORT UNDER THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC IN A FORM WHICH INCLUDES INFORMATION WITH RESPECT TO A PART OF AN ONGOING CRIMINAL INVESTIGATION ONLY IF SUCH INFORMATION HAS BEEN INCLUDED IN A PUBLIC RECORD. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.