S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8638
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by  M. of A. McDONALD, FAHY -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public officers law, in relation to the creation  of
   vacancies  in  a  public office upon entering a guilty plea in federal
   court to a felony or crime involving a violation of an oath of office

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  e of subdivision 1 of section 30 of the public
 officers law, as amended by chapter 454 of the laws of 1987, is  amended
 to read as follows:
   e.  His conviction of a felony, [or] CONVICTION OF a crime involving a
 violation of his oath of office OR UPON ENTERING A GUILTY PLEA IN FEDER-
 AL COURT TO A FELONY OR CRIME INVOLVING  A  VIOLATION  OF  HIS  OATH  OF
 OFFICE,  provided,  however,  that  a non-elected official may apply for
 reinstatement to the appointing authority upon reversal or the  vacating
 of such conviction where the conviction is the sole basis for the vacan-
 cy.  After  receipt  of such application, the appointing authority shall
 afford such applicant a hearing to determine  whether  reinstatement  is
 warranted. The record of the hearing shall include the final judgment of
 the court which reversed or vacated such conviction and may also include
 the entire employment history of the applicant and any other submissions
 which  may  form  the  basis  of  the  grant  or denial of reinstatement
 notwithstanding the reversal or vacating of  such  conviction.  Notwith-
 standing  any  law  to  the  contrary,  after review of such record, the
 appointing authority may, in its discretion, reappoint such  non-elected
 official  to his former office, or a similar office if his former office
 is no longer available. In the event of such reinstatement, the appoint-
 ing authority may, in its discretion, award salary  or  compensation  in
 full  or  in part for the period from the date such office became vacant
 to the date of reinstatement or any part thereof;
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13732-01-9