Creates the office of the law enforcement inspector general to oversee the intelligence operations of state and local law enforcement agencies.
S6695-2011 Actions
- Mar 9, 2012: REFERRED TO FINANCE
S6695-2011 Memo
BILL NUMBER:S6695 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 Home- land Security at the State Level, Needed: State-level, Integrated Intel- ligence 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 Post's report Top Secret Ameri- ca, 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 surveil- lance 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. Unfortu- nately, 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: This is a new bill. FISCAL IMPLICATION: To be determined. EFFECTIVE DATE: Immediately.
S6695-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
6695
I N SENATE
March 9, 2012
___________
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.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14415-03-2
S. 6695 2
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 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:
S. 6695 3
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.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
Permissions beyond the scope of this license are available at http://www.nysenate.gov/copyright-policy.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that links to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.
Discuss!
blog comments powered by Disqus