Assembly Bill A8140

2021-2022 Legislative Session

Modifies the composition of the voting majority upon the appointment and removal of the executive director of the joint commission on public ethics

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Archive: Last Bill Status - In Assembly Committee

  • 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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2021-A8140 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §94, Exec L

2021-A8140 (ACTIVE) - Summary

Modifies the composition of the voting majority upon the appointment and removal of the executive director of the joint commission on public ethics; provides for the appointment and removal of the executive director by a vote of a majority of the commission, regardless of political appointment.

2021-A8140 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8140
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2021
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to modifying the composi-
   tion of the voting majority upon the appointment and  removal  of  the
   executive director of the joint commission on public ethics

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 9 of section 94 of the  execu-
 tive  law,  as amended by section 6 of part A of chapter 399 of the laws
 of 2011, is amended to read as follows:
   (a) Appoint an executive director who shall act in accordance with the
 policies of the commission. The appointment and removal of the executive
 director shall be made solely by a vote of a  majority  of  the  commis-
 sion[, which majority shall include at least one member appointed by the
 governor  from  each  of the two major political parties, and one member
 appointed by a legislative leader from each of the two  major  political
 parties].  The commission may delegate authority to the executive direc-
 tor to act in the name of the commission between meetings of the commis-
 sion provided such delegation is in writing, the specific powers  to  be
 delegated  are  enumerated,  and  the  commission shall not delegate any
 decisions specified in this section that require a vote of  the  commis-
 sion.  The executive director shall be appointed without regard to poli-
 tical affiliation and solely on the basis  of  fitness  to  perform  the
 duties  assigned  by this article, and shall be a qualified, independent
 professional. The commission  may  remove  the  executive  director  for
 neglect  of duty, misconduct in office, violation of the confidentiality
 restrictions in subdivision nine-a of  this  section,  or  inability  or
 failure to discharge the powers or duties of office, including the fail-
 ure to follow the lawful instructions of the commission;
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10910-01-1

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