S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1433
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. ROZIC, WILLIAMS, SEAWRIGHT, GUNTHER, HYNDMAN,
   LAVINE, WEPRIN, DICKENS, RIVERA, LUPARDO, J. M. GIGLIO --  Multi-Spon-
   sored  by -- M. of A.  DAVILA, SIMON, THIELE -- read once and referred
   to the Committee on Governmental Operations
 
 AN ACT to amend the public officers law, in relation to  establishing  a
   joint commission on public transparency and sexual harassment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public officers law is amended by adding a new  section
 75-b to read as follows:
   §  75-B.  COMMISSION ON PUBLIC TRANSPARENCY AND SEXUAL HARASSMENT.  1.
 WHEN USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "STATEWIDE  ELECTED OFFICIAL" SHALL MEAN THE GOVERNOR, LIEUTENANT
 GOVERNOR, COMPTROLLER, OR ATTORNEY GENERAL;
   (B) "STATE OFFICER OR EMPLOYEE" SHALL MEAN:
   (I) HEADS OF STATE DEPARTMENTS AND THEIR DEPUTIES AND  ASSISTANTS  WHO
 SERVE AT THE DISCRETION OF THE STATEWIDE ELECTED OFFICIAL; AND
   (II)  OFFICERS  AND EMPLOYEES OF STATEWIDE ELECTED OFFICIALS WHO SERVE
 AT THE DISCRETION OF THE STATEWIDE ELECTED OFFICIAL;
   (C) "LEGISLATIVE EMPLOYEE" SHALL MEAN ANY OFFICER OR EMPLOYEE  OF  THE
 LEGISLATURE; AND
   (D)  "LEGISLATIVE MEMBER" SHALL MEAN A SENATOR OR MEMBER OF THE ASSEM-
 BLY.
   2. THERE IS HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT  OF  STATE  A
 COMMISSION  ON  PUBLIC  TRANSPARENCY  AND  SEXUAL HARASSMENT WHICH SHALL
 CONSIST OF NINE MEMBERS AND SHALL HAVE AND EXERCISE THE POWERS  AND  THE
 DUTIES SET FORTH IN THIS SECTION WITH RESPECT TO STATEWIDE ELECTED OFFI-
 CIALS, STATE OFFICERS AND EMPLOYEES, LEGISLATIVE EMPLOYEES, AND LEGISLA-
 TIVE  MEMBERS.  THIS  SECTION  SHALL  NOT  BE  DEEMED TO HAVE REVOKED OR
 RESCINDED ANY REGULATIONS OR ADVISORY OPINIONS ISSUED BY THE LEGISLATIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02264-01-3
              

 A. 1433                             2
 
 ETHICS COMMISSION, THE COMMISSION ON PUBLIC INTEGRITY, THE STATE  ETHICS
 COMMISSION,  OR  THE  STATE  OFFICE  FOR HUMAN RIGHTS IN EFFECT UPON THE
 EFFECTIVE DATE OF THIS SECTION TO THE EXTENT THAT  SUCH  REGULATIONS  OR
 OPINIONS ARE NOT INCONSISTENT WITH ANY LAW OF THIS STATE, BUT SUCH REGU-
 LATIONS AND OPINIONS SHALL APPLY ONLY TO MATTERS OVER WHICH SUCH COMMIS-
 SIONS  HAD  JURISDICTION  AT THE TIME SUCH REGULATIONS AND OPINIONS WERE
 PROMULGATED OR ISSUED. THE COMMISSION SHALL  UNDERTAKE  A  COMPREHENSIVE
 REVIEW  OF THE CURRENT SEXUAL HARASSMENT POLICIES IN THE LEGISLATURE AND
 EXECUTIVE AGENCIES. THE COMMISSION SHALL,  BEFORE  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY-FOUR, REPORT TO THE GOVERNOR AND THE LEGISLATURE REGARD-
 ING  THIS  REVIEW  AND  RECOMMENDATIONS  FOR ANY REGULATORY OR STATUTORY
 GUIDANCE FOR CONSISTENCY AND TRANSPARENCY.
   3. THE COMMISSION SHALL CONSIST OF NINE MEMBERS OF WHOM ONE  SHALL  BE
 APPOINTED  BY  THE  GOVERNOR,  FOUR  BY  THE CHIEF JUDGE OF THE COURT OF
 APPEALS, AND ONE EACH BY THE SPEAKER  OF  THE  ASSEMBLY,  THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE,  THE  MINORITY LEADER OF THE SENATE, AND THE
 MINORITY LEADER OF THE ASSEMBLY. OF THE FOUR MEMBERS  APPOINTED  BY  THE
 CHIEF  JUDGE OF THE COURT OF APPEALS, NO MORE THAN TWO SHALL BE ENROLLED
 IN THE SAME POLITICAL PARTY, TWO SHALL BE ATTORNEYS LICENSED TO PRACTICE
 LAW IN THIS STATE, AND TWO SHALL NOT BE  ATTORNEYS.  NO  MEMBER  OF  THE
 COMMISSION SHALL HOLD ANY OFFICE IN ANY POLITICAL PARTY.  MEMBERS OF THE
 COMMISSION  SHALL  BE  APPOINTED BASED ON THEIR ACTUAL EXPERIENCE IN THE
 ESTABLISHMENT OF INSTITUTIONAL POLICIES, SEXUAL HARASSMENT  CLAIMS,  AND
 LEGAL  MATTERS  REGARDING  SEXUAL  HARASSMENT  ISSUES,  SEX  CRIMES, AND
 REPORTING.  APPOINTING  AUTHORITIES  SHALL  COORDINATE  APPOINTMENTS  TO
 INCLUDE,  BUT  NOT  BE  LIMITED TO, AN ATTORNEY ACTUALLY EMPLOYED IN THE
 AREA OF SEXUAL HARASSMENT LITIGATION AND SIMILAR LEGAL MATTERS  WHO  HAS
 DEMONSTRATED OUTSTANDING SERVICE AND CONTRIBUTIONS TO THIS LEGAL AREA, A
 HUMAN  RESOURCES  OR LABOR RELATIONS REPRESENTATIVE WHO HAS DEMONSTRATED
 ACTUAL SERVICE IN THE ESTABLISHMENT OF EFFECTIVE SEXUAL HARASSMENT POLI-
 CIES IN THE WORKPLACE, A MEMBER OF LAW ENFORCEMENT WHO HAS WORK  EXPERI-
 ENCE IN RELATION TO SEX CRIMES AND HARASSMENT, AND A MEMBER OF THE JUDI-
 CIAL  BRANCH WHO HAS HAD EXPERIENCE IN THE CONSIDERATION OF CIVIL CLAIMS
 RELATED TO SEXUAL HARASSMENT AND SEX DISCRIMINATION. IN THE EVENT THAT A
 VACANCY ARISES  WITH  RESPECT  TO  A  MEMBER  OF  THE  COMMISSION  FIRST
 APPOINTED PURSUANT TO THIS SECTION BY A LEGISLATIVE LEADER, THE LEGISLA-
 TIVE LEADERS OF THE SAME POLITICAL PARTY IN THE SAME HOUSE SHALL APPOINT
 A  MEMBER  TO FILL SUCH VACANCY IRRESPECTIVE OF WHETHER THAT LEGISLATIVE
 LEADER'S POLITICAL PARTY IS IN THE MAJORITY OR MINORITY.  NO  INDIVIDUAL
 SHALL  BE  ELIGIBLE  FOR  APPOINTMENT  AS A MEMBER OF THE COMMISSION WHO
 CURRENTLY OR WITHIN THE LAST THREE YEARS IS OR HAS BEEN A MEMBER OF  THE
 NEW  YORK  STATE  LEGISLATURE  OR  HAS BEEN A LEGISLATIVE EMPLOYEE, OR A
 STATEWIDE OFFICER OR ELECTED OFFICIAL OR A COMMISSIONER OF AN  EXECUTIVE
 AGENCY  APPOINTED  BY THE GOVERNOR, OR HAS HELD JUDICIAL OFFICE. MEMBERS
 OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE.
   4. MEMBERS OF THE COMMISSION SHALL SERVE  FOR  TERMS  OF  FIVE  YEARS;
 PROVIDED, HOWEVER, THAT THE MEMBER FIRST APPOINTED BY THE GOVERNOR SHALL
 SERVE  FOR  THREE YEARS AND THE MEMBERS FIRST APPOINTED BY THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE  MINORITY
 LEADERS OF THE SENATE AND ASSEMBLY SHALL SERVE FOR FOUR YEARS.
   5.  MEMBERS OF THE COMMISSION SHALL DESIGNATE A CHAIR FROM THE MEMBER-
 SHIP THEREOF FOR A TERM OF TWO YEARS OR UNTIL HIS OR HER  TERM  EXPIRES,
 WHICHEVER PERIOD IS SHORTER. THE CHAIR OR A MEMBER OF THE COMMISSION MAY
 CALL A MEETING.
   6.  ANY  VACANCY  OCCURRING  ON  THE COMMISSION SHALL BE FILLED WITHIN
 THIRTY DAYS OF ITS OCCURRENCE IN THE SAME MANNER  AS  THE  MEMBER  WHOSE
 A. 1433                             3
 
 VACANCY  IS  BEING  FILLED  WAS  APPOINTED. A PERSON APPOINTED TO FILL A
 VACANCY OCCURRING OTHER THAN BY EXPIRATION OF A TERM OF OFFICE SHALL  BE
 APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER HE OR SHE SUCCEEDS.
   7. MEMBERS OF THE COMMISSION MAY BE REMOVED BY THE APPOINTING AUTHORI-
 TY  SOLELY  FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS MISCONDUCT IN OFFICE,
 VIOLATION OF THE CONFIDENTIALITY, INABILITY TO DISCHARGE THE  POWERS  OR
 DUTIES  OF  OFFICE  OR A VIOLATION OF THIS SECTION, AFTER WRITTEN NOTICE
 AND OPPORTUNITY FOR A REPLY.
   8. MEMBERS OF THE COMMISSION SHALL BE REIMBURSED  FOR  ALL  REASONABLE
 EXPENSES ACTUALLY AND NECESSARILY INCURRED BY HIM OR HER IN THE PERFORM-
 ANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
   9. SEVEN MEMBERS SHALL CONSTITUTE A QUORUM.
   10. THE COMMISSION SHALL:
   (A)  ADOPT,  AMEND  AND  RESCIND RULES AND REGULATIONS DEFINING SEXUAL
 HARASSMENT FOR STATE AGENCIES, OFFICES, AND BRANCHES OF  GOVERNMENT  AND
 DEVELOP  RECOMMENDATIONS FOR THE UNIFORM DISTRIBUTION OF THE DEFINITIONS
 AND POLICIES DEVELOPED PURSUANT TO THIS SECTION;
   (B) MAKE AVAILABLE FORMS FOR COMPLAINTS OF SEXUAL HARASSMENT  AND  SEX
 DISCRIMINATION  INVOLVING STATEWIDE ELECTED OFFICIALS, STATE OFFICERS OR
 EMPLOYEES, LEGISLATIVE MEMBERS AND EMPLOYEES;
   (C) REVIEW SEXUAL HARASSMENT FILING PROCEDURES IN ACCORDANCE WITH  THE
 PROVISIONS OF THIS SECTION;
   (D)  RECEIVE  COMPLAINTS  AND REFERRALS ALLEGING VIOLATIONS OF SECTION
 TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW, OR  PROVISIONS  OF  ARTICLE
 ONE  HUNDRED  THIRTY OF THE PENAL LAW BY A STATEWIDE ELECTED OFFICIAL, A
 STATE OFFICER OR EMPLOYEE, LEGISLATIVE EMPLOYEE OR LEGISLATIVE MEMBER;
   (E) IMMEDIATELY REPORT ANY ALLEGATIONS THAT, IF TRUE, WOULD CONSTITUTE
 A CRIME, TO LAW ENFORCEMENT FOR INVESTIGATION;
   (F) FOR ALL OTHER MATTERS THE COMMISSION  SHALL  DETERMINE  WHETHER  A
 COMPLAINT  IS "FOUNDED" OR "UNFOUNDED" AND SHALL ISSUE A RECOMMENDATION,
 IN ACCORDANCE WITH THE  CONFIDENTIALITY  PROVISIONS  CONTAINED  IN  THIS
 SECTION  AND  CONSISTENT  WITH ALL OTHER LAWS, INCLUDING AWARDS TO CRIME
 VICTIMS UNDER ARTICLE TWENTY-TWO OF THE EXECUTIVE LAW, TO THE APPOINTING
 AUTHORITY AS TO THE BASIS OF THE CLAIMS, RECOMMENDATIONS FOR APPROPRIATE
 RESOLUTION, AND WHETHER THE COMMISSION APPROVES OF  THE  USE  OF  PUBLIC
 MONIES,  INCLUDING  FUNDS OF THE LEGISLATURE, TO RESOLVE SPECIFIC CLAIMS
 RAISED BY THE CLAIMANT. THE RECOMMENDATIONS OF THE COMMISSION  SHALL  BE
 FULLY  AND PROPERLY CONSIDERED BY THE APPOINTING AUTHORITY BUT SHALL NOT
 BE BINDING. THERE SHALL BE  A  REBUTTABLE  PRESUMPTION  ASSUMED  BY  THE
 COMMISSION THAT ANY STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOY-
 EE,  OR  LEGISLATIVE MEMBER OR EMPLOYEE WHO MAKES A GOOD FAITH EFFORT AT
 REPORTING OR ADDRESSING SEXUAL HARASSMENT SHALL NOT BE HELD INDIVIDUALLY
 LIABLE UNDER ANY CLAIM OR SETTLEMENT;
   (G) PREPARE AND SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGIS-
 LATURE SUMMARIZING THE ACTIVITIES OF THE COMMISSION DURING THE  PREVIOUS
 YEAR  INCLUDING,  BUT  NOT  LIMITED TO, (I) AN ACCOUNTING OF FOUNDED AND
 UNFOUNDED CLAIMS OF SEXUAL HARASSMENT ORGANIZED  BY  LEGISLATIVE  BRANCH
 AND  EXECUTIVE  OFFICE  OR  AGENCY,  AND  (II)  WHERE  A MATTER HAS BEEN
 RESOLVED, THE DATE AND NATURE OF THE DISPOSITION AND  ANY  SANCTIONS  OR
 RECOMMENDATIONS  OF  THE  COMMISSION,  SUBJECT  TO  THE  CONFIDENTIALITY
 REQUIREMENTS OF THIS SECTION;
   (H) PROVIDE NOTIFICATION TO ANY PERSON WHO HAS FILED A SEXUAL  HARASS-
 MENT  CLAIM  OF  THE DETERMINATION OF THE COMMISSION'S REVIEW AS WELL AS
 THE INDIVIDUAL'S RIGHT TO APPEAL THE COMMISSION'S DETERMINATION PURSUANT
 TO SUBDIVISION TWELVE OF THIS SECTION;
 A. 1433                             4
 
   (I) 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 COMMISSION,
 WHICH MAJORITY SHALL INCLUDE AT LEAST ONE MEMBER APPOINTED BY A LEGISLA-
 TIVE LEADER FROM EACH OF THE TWO MAJOR POLITICAL PARTIES. THE COMMISSION
 MAY  DELEGATE  AUTHORITY TO THE EXECUTIVE DIRECTOR TO ACT IN THE NAME OF
 THE COMMISSION BETWEEN MEETINGS OF THE COMMISSION PROVIDED  SUCH  DELEG-
 ATION 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 COMMISSION. THE  EXECUTIVE  DIRECTOR
 SHALL BE APPOINTED WITHOUT REGARD TO POLITICAL 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, OR INABILITY OR FAILURE  TO  DISCHARGE
 THE  POWERS  OR  DUTIES  OF  OFFICE, INCLUDING THE FAILURE TO FOLLOW THE
 LAWFUL INSTRUCTIONS OF THE COMMISSION;
   (J) REVIEW AND APPROVE A STAFFING PLAN PROVIDED AND  PREPARED  BY  THE
 EXECUTIVE  DIRECTOR  WHICH  SHALL  CONTAIN,  AT A MINIMUM, A LIST OF THE
 VARIOUS UNITS AND DIVISIONS AS WELL AS THE NUMBER OF POSITIONS  IN  EACH
 UNIT,  TITLES  AND  THEIR  DUTIES,  AND SALARIES, AS WELL AS THE VARIOUS
 QUALIFICATIONS FOR EACH POSITION INCLUDING, BUT NOT LIMITED  TO,  EDUCA-
 TION AND PRIOR EXPERIENCE FOR EACH POSITION;
   (K)  APPOINT SUCH OTHER STAFF AS ARE NECESSARY TO CARRY OUT ITS DUTIES
 UNDER THIS SECTION; AND
   (L) DEVELOP AND ADMINISTER AN  ONLINE  SEXUAL  HARASSMENT  ORIENTATION
 COURSE TO BE MADE AVAILABLE ACROSS THE LEGISLATIVE AND EXECUTIVE BRANCH-
 ES  FOR  THE  PURPOSES OF A UNIFORM AND CONSISTENT POLICY ACROSS GOVERN-
 MENT.
   11. (A) WHEN AN INDIVIDUAL BECOMES A MEMBER OR STAFF  OF  THE  COMMIS-
 SION,  THAT INDIVIDUAL SHALL BE REQUIRED TO SIGN A NON-DISCLOSURE STATE-
 MENT.
   (B) EXCEPT  AS  OTHERWISE  REQUIRED  OR  PROVIDED  BY  LAW,  TESTIMONY
 RECEIVED OR ANY OTHER INFORMATION OBTAINED BY A COMMISSIONER OR STAFF OF
 THE  COMMISSION  SHALL  NOT  BE  DISCLOSED BY ANY SUCH INDIVIDUAL TO ANY
 PERSON OR ENTITY OUTSIDE THE  COMMISSION  DURING  THE  PENDENCY  OF  ANY
 MATTER.  ANY  CONFIDENTIAL COMMUNICATION TO ANY PERSON OR ENTITY OUTSIDE
 THE COMMISSION RELATED TO THE MATTERS BEFORE THE  COMMISSION  MAY  OCCUR
 ONLY AS AUTHORIZED BY THE COMMISSION.
   (C) THE COMMISSION SHALL ESTABLISH PROCEDURES NECESSARY TO PREVENT THE
 UNAUTHORIZED DISCLOSURE OF ANY INFORMATION RECEIVED BY ANY MEMBER OF THE
 COMMISSION  OR  STAFF OF THE COMMISSION. ANY BREACHES OF CONFIDENTIALITY
 SHALL BE INVESTIGATED BY THE INSPECTOR GENERAL  AND  APPROPRIATE  ACTION
 SHALL  BE  TAKEN.  ANY COMMISSIONER OR PERSON EMPLOYED BY THE COMMISSION
 WHO INTENTIONALLY AND WITHOUT AUTHORIZATION RELEASES CONFIDENTIAL INFOR-
 MATION RECEIVED BY THE COMMISSION SHALL BE GUILTY OF A CLASS A MISDEMEA-
 NOR.
   12. THE COMMISSION SHALL BE DEEMED TO BE AN AGENCY OF THE STATE WITHIN
 THE MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE  PROCEDURE  ACT
 AND  SHALL ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS
 AND APPEALS TAKEN PURSUANT  TO  A  PROCEEDING  COMMENCED  UNDER  ARTICLE
 SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES RELATING TO THE
 ASSESSMENT OF PENALTIES OR FINDINGS AUTHORIZED  IN  THIS  SECTION.  SUCH
 RULES,  WHICH  SHALL  NOT BE SUBJECT TO THE APPROVAL REQUIREMENTS OF THE
 STATE ADMINISTRATIVE PROCEDURE ACT, SHALL PROVIDE FOR DUE PROCESS PROCE-
 DURAL MECHANISMS SUBSTANTIALLY SIMILAR TO THOSE  SET  FORTH  IN  ARTICLE
 A. 1433                             5
 
 THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT BUT SUCH MECHANISMS NEED
 NOT BE IDENTICAL IN TERMS OF SCOPE.
   § 2. This act shall take effect immediately and shall apply to settle-
 ments entered into on and after such date.