Relates to activities by former state officers; permits certain state officers, terminated between January 1, 2009 and April 1, 2014 due to a reduction in the state workforce, to engage in certain activities representing any entity before a state agency or board.
Ayes (23): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Golden, Griffo, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Seward, Young, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Peralta
Ayes W/R (7): Fuschillo, Saland, Breslin, Perkins, Rivera, Stavisky, Stewart-Cousins
Nays (3): Krueger, Parker, Squadron
Excused (2): Hannon, Diaz
Ayes (52): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Young, Zeldin
Nays (3): Krueger, Perkins, Squadron
Excused (6): Gallivan, Hannon, Kennedy, Maziarz, Parker, Valesky
TITLE OF BILL: An act to amend the public officers law, in relation to activities by former state officers
PURPOSE: Extends the exemption of subparagraph (i) of paragraph (a) to any state officer or employee whose employment was terminated between January 1, 2009 to April 1, 2014.
SUMMARY OF PROVISIONS: Section 1 - amends paragraph (b) of section 73 of the public officers law (as amended by chapter 574 of the laws of 2011).
JUSTIFICATION: 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, there are current provisions to allow for exemption from this law in cases of termination due to the economy, consolidation, or abolition of functions. This particular act amends the public officers law extending the exemption period by two years, from April 1, 2012 to April 1, 2014.
The economy has not bounced back from the recession as quickly as originally predicted and state agencies and jobs are still being cut due to budget constraints. This extension insures that state officers are immune from the law that doesn't allow terminated state employees to return to a related service for two years.
The restriction barring state employees from appearing or practicing before their former agency or receiving compensation for rendering services on a matter before their former agency was not meant to apply to these employees. The employees eligible for this exemption were let go due to no fault of there own, but rather because of intrinsic characteristics of a struggling economy. Thus, it is pertinent to offer an exemption to these employees who continue to suffer due to no fault of there own, in order to give these terminated employees the opportunity to continue their career as a state employee.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on or after April 1, 2012.
STATE OF NEW YORK ________________________________________________________________________ 6584 IN SENATE March 1, 2012 ___________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 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 S. 6584 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.