A. 385 2
5. THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY
SHALL EACH DESIGNATE ONE MEMBER OF THE COMMITTEE AS A CO-CHAIRPERSON
THEREOF. THE CO-CHAIRPERSONS SHALL RECEIVE COMPENSATION AS PROVIDED FOR
IN SECTION FIVE-A OF THIS CHAPTER.
6. THE COMMITTEE SHALL MEET AT LEAST BI-MONTHLY AND AT SUCH ADDITIONAL
TIMES AS MAY BE CALLED FOR BY THE CO-CHAIRPERSONS JOINTLY OR ANY FOUR
MEMBERS OF THE COMMITTEE.
7. ANY VACANCY OCCURRING ON THE COMMITTEE SHALL BE FILLED WITHIN THIR-
TY DAYS BY THE APPOINTING AUTHORITY.
8. FIVE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM, AND THE
COMMITTEE SHALL HAVE POWER TO ACT BY MAJORITY VOTE OF THE TOTAL NUMBER
OF MEMBERS OF THE COMMITTEE WITHOUT VACANCY.
9. THE COMMITTEE SHALL BE FUNDED SEPARATELY FROM THE ASSEMBLY APPRO-
PRIATIONS PROVIDED ANNUALLY IN AN AMOUNT DEEMED APPROPRIATE BY AN AGREE-
MENT OF THE CO-CHAIRS FOR THE MAINTENANCE AND OPERATION OF THE COMMIT-
TEE. SUCH APPROPRIATION FOR THE COMMITTEE SHALL BE SPECIFICALLY LINED
OUT IN THE LEGISLATIVE BUDGET. THE EXECUTIVE DIRECTOR AND EMPLOYEES OF
THE COMMITTEE SHALL BE CONSIDERED AS EMPLOYEES OF THE ASSEMBLY FOR ALL
PURPOSES.
10. THE COMMITTEE SHALL:
(A) APPOINT AN EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE WITH THE
POLICIES OF THE COMMITTEE, PROVIDED THAT THE COMMITTEE MAY REMOVE THE
EXECUTIVE DIRECTOR BY A MAJORITY VOTE FOR NEGLECT OF DUTY, MISCONDUCT IN
OFFICE, OR INABILITY OR FAILURE TO DISCHARGE THE POWERS OR DUTIES OF
OFFICE;
(B) APPOINT SUCH OTHER STAFF AS ARE NECESSARY TO ASSIST IT TO CARRY
OUT ITS DUTIES UNDER THIS SECTION;
(C) ADOPT, AMEND, AND RESCIND POLICIES, RULES AND REGULATIONS CONSIST-
ENT WITH THIS SECTION TO GOVERN PROCEDURES OF THE COMMITTEE;
(D) ADMINISTER THE PROVISIONS OF THIS SECTION;
(E) REVIEW ALL RULES AND POLICIES OF THE SPEAKER OR THE ASSEMBLY
RELATING TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY, INCLUDING
BUT NOT LIMITED TO ETHICS, SEXUAL HARASSMENT AND FRATERNIZATION WITH
STUDENT INTERNS, AND RECOMMEND TO THE SPEAKER OF THE ASSEMBLY AND THE
MINORITY LEADER OF THE ASSEMBLY ANY CHANGES TO SUCH RULES AND POLICIES
OR OFFER MOTIONS TO AMEND RULES OF THE ASSEMBLY, OR OFFER MOTIONS TO
SUSPEND RULES OF THE ASSEMBLY, OR ADOPT POLICIES RELATING TO CONDUCT OF
MEMBERS AND EMPLOYEES OF THE ASSEMBLY, INCLUDING BUT NOT LIMITED TO
ETHICS, SEXUAL HARASSMENT AND FRATERNIZATION WITH STUDENT INTERNS. ANY
SUCH POLICY RELATING TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY
ADOPTED BY THE COMMITTEE SHALL BE THE POLICY OF THE ASSEMBLY AND SUBJECT
TO THE PROVISIONS OF THIS SECTION;
(F) DEVELOP AND REGULARLY UPDATE A COURSE OF INSTRUCTION FOR ALL
MEMBERS AND EMPLOYEES OF THE ASSEMBLY WITH REGARD TO THE LAWS AND POLI-
CIES GOVERNING THEIR CONDUCT. THE COMMITTEE SHALL RECOMMEND TO THE
SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY A
CONDUCT AND ETHICS TRAINING PLAN FOR IMPLEMENTING AND SCHEDULING SUCH
COURSE OF INSTRUCTION FOR MEMBERS, EMPLOYEES AND NEWLY-HIRED EMPLOYEES;
(G) PREPARE AN ANNUAL REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE
MINORITY LEADER OF THE ASSEMBLY SUMMARIZING THE ACTIVITIES OF THE
COMMITTEE DURING THE PREVIOUS YEAR AND RECOMMENDING ANY CHANGES IN THE
LAWS GOVERNING THE CONDUCT OF PERSONS SUBJECT TO THE JURISDICTION OF THE
COMMITTEE, OR THE RULES, REGULATIONS AND PROCEDURES GOVERNING THE
COMMITTEE'S CONDUCT. SUCH REPORT SHALL INCLUDE: (I) A LISTING BY
ASSIGNED NUMBER OF EACH COMPLAINT INCLUDING CURRENT STATUS OF EACH
COMPLAINT, (II) WHERE A MATTER WAS DEFERRED, AND (III) WHERE A MATTER
A. 385 3
HAS BEEN RESOLVED, THE DATE AND NATURE OF THE DISPOSITION AND ANY SANC-
TION IMPOSED, SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS OF THIS
SECTION; AND
(H) INVESTIGATE COMPLAINTS AND IMPOSE DISCIPLINARY MEASURES AGAINST
MEMBERS AND EMPLOYEES FOUND IN VIOLATION OF RULES AND POLICIES OF THE
SPEAKER OR THE ASSEMBLY OR THE PUBLIC OFFICERS LAW OR OTHER LAW.
11. INVESTIGATIONS, MANDATORY REPORTING OF VIOLATIONS, AND ENFORCEMENT
AUTHORITY:
(A) THE COMMITTEE SHALL HAVE THE AUTHORITY, ON ITS OWN ACCORD, TO
INITIATE BY A MAJORITY VOTE AN INVESTIGATION INTO A POSSIBLE VIOLATION,
BY ANY MEMBER OR EMPLOYEE OF THE ASSEMBLY, OF THE RULES OR POLICY OF THE
SPEAKER OR THE ASSEMBLY OR OF THE PUBLIC OFFICERS LAW OR OTHER LAW.
(B) ANY FORMAL OR INFORMAL COMPLAINT OF A VIOLATION OF RULES AND POLI-
CIES OF THE SPEAKER OR THE ASSEMBLY RELATING TO CONDUCT OF MEMBERS AND
EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC OFFICERS LAW
OR OTHER LAW, MUST BE REPORTED TO THE COMMITTEE WITHIN FIVE DAYS OF SUCH
COMPLAINT BEING MADE TO COUNSEL, OFFICE OF HUMAN RESOURCES, OFFICE OF
ADMINISTRATION AND PERSONNEL OR INTAKE REPRESENTATIVE.
(C) THE COMMITTEE SHALL REVIEW SUCH COMPLAINT AT THE NEXT MEETING OF
SUCH COMMITTEE AND DETERMINE BY MAJORITY VOTE WHETHER TO INVESTIGATE
SUCH COMPLAINT FURTHER, COMMENCE A FULL FORMAL INVESTIGATION OF SUCH
COMPLAINT OR DEFER SUCH COMPLAINT TO THE JOINT COMMISSION ON PUBLIC
ETHICS, THE LEGISLATIVE ETHICS COMMISSION, OR AN APPROPRIATE PROSECUTOR.
THE STAFF OF THE COMMITTEE SHALL PROVIDE TO THE MEMBERS OF THE COMMITTEE
PRIOR TO SUCH VOTE INFORMATION REGARDING THE LIKELY SCOPE AND CONTENT OF
THE INVESTIGATION, AND A SUBPOENA PLAN, TO THE EXTENT SUCH INFORMATION
IS AVAILABLE.
(D) IF THE COMMITTEE DETERMINES BY MAJORITY VOTE THAT A FULL FORMAL
INVESTIGATION SHALL COMMENCE THE COMMITTEE SHALL NOTIFY THE INDIVIDUAL
IN WRITING, DESCRIBE THE POSSIBLE OR ALLEGED VIOLATION OF RULES AND
POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATED TO CONDUCT OF MEMBERS
AND EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC OFFICERS
LAW OR OTHER LAW AND PROVIDE THE PERSON WITH A FIFTEEN DAY PERIOD IN
WHICH TO SUBMIT A WRITTEN RESPONSE SETTING FORTH INFORMATION RELATING TO
THE ACTIVITIES CITED AS A POSSIBLE OR ALLEGED VIOLATION OF SUCH RULES
AND POLICIES.
(E) THE COMMITTEE HAS THE AUTHORITY TO CONDUCT ANY INQUIRY PERTINENT
OR MATERIAL TO THE DISCHARGE OF THE FUNCTIONS, POWERS AND DUTIES IMPOSED
BY LAW; AND THROUGH DESIGNATED MEMBERS OF THE STAFF, TO SUBPOENA
WITNESSES, ADMINISTER OATHS, TAKE TESTIMONY AND COMPEL THE PRODUCTION OF
SUCH BOOKS, PAPERS, RECORDS AND DOCUMENTS AS MAY BE RELEVANT TO ANY SUCH
INQUIRY AND INVESTIGATION.
(F) IF THE COMMITTEE DETERMINES AT ANY STAGE THAT THERE IS NO
VIOLATION, IT SHALL SO ADVISE THE INDIVIDUAL AND THE COMPLAINANT, IF
ANY. ALL OF THE FOREGOING PROCEEDINGS SHALL BE CONFIDENTIAL.
(G) THE JURISDICTION OF THE COMMITTEE WHEN ACTING PURSUANT TO THIS
SECTION SHALL CONTINUE NOTWITHSTANDING THAT A MEMBER OF THE ASSEMBLY OR
ASSEMBLY EMPLOYEE SEPARATES FROM ASSEMBLY SERVICE, PROVIDED THAT THE
COMMITTEE NOTIFIES SUCH INDIVIDUAL OF THE ALLEGED VIOLATION OF RULES AND
POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATING TO CONDUCT OF MEMBERS
AND EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC OFFICERS
LAW PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION WITHIN ONE YEAR FROM
THEIR SEPARATION FROM ASSEMBLY SERVICE.
(H) IF DURING THE COURSE OF ITS INVESTIGATION THE COMMITTEE DEEMS THAT
A VIOLATION OF RULES AND POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATED
TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY OR A VIOLATION OF
A. 385 4
THE PUBLIC OFFICERS LAW OR OTHER LAW HAS OCCURRED, THE COMMITTEE SHALL
NOTIFY THE INDIVIDUAL IN WRITING.
(I) THE COMMITTEE SHALL HAVE THE AUTHORITY TO (I) RECOMMEND PUNISH-
MENTS FOR VIOLATIONS OF RULES AND POLICIES OF THE SPEAKER OR THE ASSEM-
BLY, OR THE PUBLIC OFFICERS LAW OR OTHER LAW, INCLUDING BUT NOT LIMITED
TO CENSURE, STRIPPING MEMBERS OF LEADERSHIP POSITIONS OR EXPULSION
PURSUANT TO SECTION THREE OF THIS CHAPTER AND (II) ACCESS PENALTIES
PURSUANT TO APPLICABLE LAW OR RULE.
(J) NO MEMBER OR EMPLOYEE OF THE ASSEMBLY SHALL TAKE ANY ADVERSE
PERSONNEL ACTION WITH RESPECT TO ANOTHER MEMBER OR EMPLOYEE OF THE
ASSEMBLY IN RETALIATION FOR THEIR MAKING A REPORT TO THE COMMITTEE, OR
FOR THEIR OFFICIAL DUTIES AS A MEMBER OF THE COMMITTEE, CONCERNING
CONDUCT WHICH THEY KNOW OR REASONABLY BELIEVE TO BE A VIOLATION OF RULES
AND POLICIES OF THE SPEAKER OR THE ASSEMBLY OR THE PUBLIC OFFICERS LAW
OR OTHER LAW.
(K) NOTWITHSTANDING THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW, THE ONLY RECORDS OF THE COMMITTEE WHICH SHALL BE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING ARE:
(I) THE TERMS OF ANY SETTLEMENT OR COMPROMISE OF A COMPLAINT OR REFER-
RAL OR REPORT WHICH INCLUDES A FINE, PENALTY OR OTHER REMEDY REACHED BY
THE COMMITTEE; AND
(II) ALL REPORTS REQUIRED BY THIS SECTION.
12. NOTWITHSTANDING THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC
OFFICERS LAW, NO MEETING OR PROCEEDING OF THE COMMITTEE SHALL BE OPEN TO
THE PUBLIC, EXCEPT IF EXPRESSLY PROVIDED OTHERWISE BY THIS SECTION OR
THE COMMITTEE.
§ 2. That portion of subdivision 1 of section 5-a of the legislative
law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by
section 3 of part XX of chapter 56 of the laws of 2009, is amended to
read as follows:
[ASSEMBLYMEN] ASSEMBLYMEMBER
SERVING IN SPECIAL CAPACITY
[Chairman] CHAIRPERSON of assembly ways and means
committee ....................................................... 34,000
Ranking minority member of assembly ways and means committee .... 20,500
[Chairman] CHAIRPERSON of assembly judiciary
committee ....................................................... 18,000
Ranking minority member of assembly judiciary committee ......... 11,000
[Chairman] CHAIRPERSON of assembly codes
committee ....................................................... 18,000
Ranking minority member of assembly codes committee ............. 11,000
[Chairman] CHAIRPERSON of assembly banks
committee ....................................................... 15,000
Ranking minority member of assembly banks committee .............. 9,500
[Chairman] CHAIRPERSON of assembly committee on
cities .......................................................... 15,000
Ranking minority member of assembly committee on cities .......... 9,500
[Chairman] CHAIRPERSON of assembly education
committee ....................................................... 18,000
Ranking minority member of assembly education committee ......... 11,000
[Chairman] CHAIRPERSON of assembly health
committee ....................................................... 15,000
Ranking minority member of assembly health committee ............. 9,500
[Chairman] CHAIRPERSON of assembly local
A. 385 5
governments committee ........................................... 15,000
Ranking minority member of assembly local governments
committee ....................................................... 9,500
[Chairman] CHAIRPERSON of assembly agriculture
committee ....................................................... 12,500
Ranking minority member of assembly agriculture committee ........ 9,000
[Chairman] CHAIRPERSON of assembly economic development, job creation,
commerce and industry committee ................................ 18,000
Ranking minority member of assembly economic development,
job creation, commerce and industry committee .................. 11,000
[Chairman] CHAIRPERSON of assembly environmental conservation
committee ....................................................... 12,500
Ranking minority member of assembly environmental conservation
committee ........................................................ 9,000
[Chairman] CHAIRPERSON of assembly corporations, authorities
and commissions committee ...................................... 15,000
Ranking minority member of assembly corporations,
authorities, and commissions committee .......................... 9,500
[Chairman] CHAIRPERSON of assembly correction
committee ....................................................... 12,500
Ranking minority member of assembly correction committee ......... 9,000
[Chairman] MAJORITY CHAIRPERSON of assembly ethics and guidance
committee ...................................................... 12,500
[Ranking minority member of assembly ethics and guidance
committee ...................................................... 9,000]
MINORITY CHAIRPERSON OF ASSEMBLY ETHICS AND GUIDANCE
COMMITTEE ...................................................... 12,500
[Chairman] CHAIRPERSON of assembly governmental employees
committee ....................................................... 12,500
Ranking minority member of assembly governmental
employees committee ............................................. 9,000
[Chairman] CHAIRPERSON of assembly governmental operations
committee ....................................................... 12,500
Ranking minority member of assembly governmental
operations committee ............................................ 9,000
[Chairman] CHAIRPERSON of assembly housing
committee ....................................................... 12,500
Ranking minority member of assembly housing committee ............ 9,000
[Chairman] CHAIRPERSON of assembly insurance
committee ....................................................... 12,500
Ranking minority member of assembly insurance committee .......... 9,000
[Chairman] CHAIRPERSON of assembly labor
committee ....................................................... 14,000
Ranking minority member of assembly labor committee .............. 9,000
[Chairman] CHAIRPERSON of assembly racing and wagering
committee ....................................................... 12,500
Ranking minority member of assembly racing and wagering
committee ....................................................... 9,000
[Chairman] CHAIRPERSON of assembly social services
committee ....................................................... 12,500
Ranking minority member of assembly social services
committee ........................................................ 9,000
[Chairman] CHAIRPERSON of assembly small business
committee ....................................................... 12,500
Ranking minority member of assembly small business
A. 385 6
committee ........................................................ 9,000
[Chairman] CHAIRPERSON of assembly transportation
committee ....................................................... 15,000
Ranking minority member of assembly transportation
committee ........................................................ 9,500
[Chairman] CHAIRPERSON of assembly veterans'
affairs committee ............................................... 12,500
Ranking minority member of assembly veterans' affairs
committee ....................................................... 9,000
[Chairman] CHAIRPERSON of assembly aging
committee ....................................................... 12,500
Ranking minority member of assembly aging committee .............. 9,000
[Chairman] CHAIRPERSON of the assembly alcoholism and drug abuse
committee ...................................................... 12,500
Ranking minority member of the assembly alcoholism and drug abuse
committee ........................................................ 9,000
[Chairman] CHAIRPERSON of assembly committee on mental health,
mental retardation and developmental disabilities ............... 12,500
Ranking minority member of assembly committee on mental health,
mental retardation and developmental disabilities ................ 9,000
[Chairman] CHAIRPERSON of assembly higher education
committee ....................................................... 12,500
Ranking minority member of assembly higher education committee ... 9,000
[Chairman] CHAIRPERSON of assembly real property taxation
committee ....................................................... 12,500
Ranking minority member of assembly real property taxation
committee ........................................................ 9,000
[Chairman] CHAIRPERSON of assembly election law
committee ....................................................... 12,500
Ranking minority member of assembly election
law committee .................................................... 9,000
[Chairman] CHAIRPERSON of assembly children and families
committee ....................................................... 12,500
Ranking minority member of assembly children and families
committee ........................................................ 9,000
[Chairman] CHAIRPERSON of assembly consumer affairs and protection
committee ....................................................... 12,500
Ranking minority member of assembly consumer affairs and
protection committee ............................................. 9,000
[Chairman] CHAIRPERSON of the assembly energy
committee ....................................................... 12,500
Ranking minority member of assembly energy committee ............. 9,000
[Chairman] CHAIRPERSON of assembly tourism, parks, arts and sports
development committee ........................................... 12,500
Ranking minority member of assembly tourism, parks, arts and
sports development committee ..................................... 9,000
[Chairman] CHAIRPERSON of assembly oversight, analysis and investigation
committee ...................................................... 12,500
Ranking minority member of assembly oversight,
analysis and investigation committee ............................. 9,000
[Chairman] CHAIRPERSON of assembly office of state-federal
relations ....................................................... 12,500
[Chairman] CHAIRPERSON of majority house
operations ...................................................... 12,500
[Chairman] CHAIRPERSON of minority house
A. 385 7
operations ....................................................... 9,000
[Co-chairman] CO-CHAIRPERSON of the administrative regulations review
commission ...................................................... 12,500
§ 3. Severability clause. If any part or provision of this section or
the application thereof to any person is adjudged by a court of compe-
tent jurisdiction to be unconstitutional or otherwise invalid, such
judgment shall not affect or impair any other part or provision or the
application thereof to any other person, but shall be confined to such
part or provision.
§ 4. This act shall take effect immediately.