Assembly Bill A10144

Signed By Governor
2021-2022 Legislative Session

Relates to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime or state offense involving a violation of an oath of office

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A10144 - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L

2021-A10144 - Summary

Relates 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.

2021-A10144 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10144
 
                           I N  A S S E M B L Y
 
                                May 2, 2022
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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 or an offense which would constitute a
   felony under the laws of this state or 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 OR AN OFFENSE WHICH WOULD CONSTITUTE A
 FELONY UNDER THE LAWS OF THIS STATE, OR 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 vacancy. 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 rein-
 statement notwithstanding the reversal or vacating of  such  conviction.
 Notwithstanding  any  law  to the contrary, after review of such record,
 the appointing authority may, in its discretion, reappoint  such  non-e-
 lected  official to his former office, or a similar office if his former
 office is no longer available. In the event of such  reinstatement,  the
 appointing  authority  may,  in  its discretion, award salary or compen-
 sation 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.

2021-A10144A - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L

2021-A10144A - Summary

Relates 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.

2021-A10144A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10144--A
 
                           I N  A S S E M B L Y
 
                                May 2, 2022
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee  on Governmental Operations -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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 or an  offense  which  would  constitute  a
   felony  under  the  laws  of this state or 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  OR  HER  conviction  of  a felony, [or] CONVICTION OF a crime
 involving a violation of his OR HER oath of office OR  UPON  ENTERING  A
 GUILTY  PLEA  IN  FEDERAL COURT TO A FELONY OR CRIME OR AN OFFENSE WHICH
 WOULD CONSTITUTE A FELONY UNDER THE LAWS OF THIS STATE, OR  INVOLVING  A
 VIOLATION OF HIS OR HER OATH OF OFFICE, provided, however, that a non-e-
 lected  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 vacancy. 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  vacat-
 ing  of  such conviction. Notwithstanding any law to the contrary, after
 review of such record, the appointing authority may, in its  discretion,
 reappoint  such  non-elected  official to his OR HER former office, or a
 similar office if his OR HER former office is no  longer  available.  In
 the  event  of  such reinstatement, the appointing 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 rein-
 statement or any part thereof;
   § 2. This act shall take effect immediately.

co-Sponsors

2021-A10144B (ACTIVE) - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L

2021-A10144B (ACTIVE) - Summary

Relates 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.

2021-A10144B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10144--B
 
                           I N  A S S E M B L Y
 
                                May 2, 2022
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee  on Governmental Operations -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 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  OR  HER  conviction  of  a felony, [or] CONVICTION OF a crime
 involving a violation of his OR HER oath of office, OR UPON  ENTERING  A
 GUILTY PLEA IN FEDERAL COURT TO A FELONY, OR UPON ENTERING A GUILTY PLEA
 IN  FEDERAL COURT TO A CRIME INVOLVING A VIOLATION OF HIS OR HER 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 OR HER former office, or a similar office if his OR  HER
 former  office  is  no  longer  available.  In  the  event of such rein-
 statement, the appointing 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

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