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.