S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    764
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the general municipal  law,  in  relation  to  municipal
   offices of the inspector general
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal law is amended by adding a new  arti-
 cle 4-A to read as follows:
 
                                ARTICLE 4-A
                      OFFICE OF THE INSPECTOR GENERAL
 
 SECTION 60. ESTABLISHMENT AND ORGANIZATION.
         61. FUNCTIONS AND DUTIES.
         62. POWERS.
         63. RESPONSIBILITIES  OF  THE  MUNICIPALITY AND ITS OFFICERS AND
               EMPLOYEES.
   § 60. ESTABLISHMENT AND ORGANIZATION. 1. NO LATER THAN ONE YEAR  AFTER
 THE  EFFECTIVE  DATE  OF  THIS SECTION, EACH MUNICIPALITY HAVING A POPU-
 LATION OF FIVE HUNDRED THOUSAND  PERSONS  OR  MORE  SHALL  ESTABLISH  AN
 OFFICE  OF  THE INSPECTOR GENERAL FOR SUCH MUNICIPALITY. THE HEAD OF THE
 OFFICE SHALL BE THE INSPECTOR GENERAL WHO  SHALL  BE  APPOINTED  BY  THE
 GOVERNING BODY OF THE MUNICIPALITY.
   2.  THE  INSPECTOR  GENERAL SHALL HOLD OFFICE FOR AN INITIAL PERIOD OF
 FOUR YEARS AND UNTIL THE INSPECTOR GENERAL'S SUCCESSOR IS APPOINTED  AND
 HAS QUALIFIED.
   3.  THE INSPECTOR GENERAL SHALL REPORT TO THE SECRETARY TO THE GOVERN-
 ING BODY OF THE MUNICIPALITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00350-01-5
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   4. THE SALARY OF THE INSPECTOR GENERAL SHALL  BE  ESTABLISHED  BY  THE
 GOVERNING  BODY  OF THE MUNICIPALITY WITHIN THE LIMIT OF FUNDS AVAILABLE
 THEREFOR.
   §  61.  FUNCTIONS  AND  DUTIES.  THE  INSPECTOR GENERAL SHALL HAVE THE
 FOLLOWING DUTIES AND RESPONSIBILITIES:
   1. RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY  SOURCE,  OR  UPON  THE
 INSPECTOR   GENERAL'S   OWN   INITIATIVE,   CONCERNING   ALLEGATIONS  OF
 CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE  IN
 ANY DEPARTMENT, OFFICE OR AGENCY OF THE MUNICIPALITY;
   2.  DETERMINE  WITH  RESPECT  TO SUCH ALLEGATIONS WHETHER DISCIPLINARY
 ACTION, CIVIL OR CRIMINAL PROSECUTION, OR FURTHER  INVESTIGATION  BY  AN
 APPROPRIATE  FEDERAL,  STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST
 IN SUCH INVESTIGATIONS;
   3. PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH  INVESTI-
 GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
 REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES.  THE  RELEASE  OF
 ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
 TIALITY OF ONGOING INVESTIGATIONS;
   4.  REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF THE
 DEPARTMENTS, OFFICES AND AGENCIES OF THE MUNICIPALITY WITH REGARD TO THE
 PREVENTION  AND  DETECTION  OF  CORRUPTION,  FRAUD,  CRIMINAL  ACTIVITY,
 CONFLICTS OF INTEREST OR ABUSE;
   5.  RECOMMEND  REMEDIAL  ACTION  TO  PREVENT  OR ELIMINATE CORRUPTION,
 FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE  DEPART-
 MENTS, OFFICES OR AGENCIES OF THE MUNICIPALITY;
   6. ESTABLISH PROGRAMS FOR TRAINING MUNICIPAL OFFICERS AND EMPLOYEES IN
 REGARD  TO THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD, CRIMINAL
 ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE DEPARTMENTS, OFFICES AND
 AGENCIES OF THE MUNICIPALITY; AND
   7. MAKE AN ANNUAL REPORT TO THE MAYOR, THE COMPTROLLER AND THE GOVERN-
 ING BODY OF THE MUNICIPALITY CONCERNING ITS WORK  DURING  THE  PRECEDING
 YEAR.  SUCH  REPORT  SHALL  INCLUDE  BUT NOT BE LIMITED TO THE NUMBER OF
 CASES INVESTIGATED, AND THE NUMBER OF COMPLAINTS RECEIVED.  SUCH INITIAL
 REPORT SHALL BE DUE NO LATER THAN THE FIRST DAY OF  APRIL  TWO  THOUSAND
 TWENTY-SEVEN,  AND  THEN BY THE FIRST DAY OF APRIL EACH YEAR THEREAFTER.
 SUCH REPORT SHALL BE MADE PUBLIC AND PUBLISHED ON  THE  WEBSITE  OF  THE
 OFFICE OF THE INSPECTOR GENERAL AND ON THE WEBSITE OF THE MUNICIPALITY.
   § 62. POWERS. THE INSPECTOR GENERAL SHALL HAVE THE POWER TO:
   1. SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
   2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
   3.  REQUIRE  THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR
 MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
   4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE
 DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED  OR  HELD  BY  ANY
 DEPARTMENT, OFFICE OR AGENCY OF THE MUNICIPALITY;
   5.  REQUIRE  ANY  MUNICIPAL  OFFICER  OR  EMPLOYEE TO ANSWER QUESTIONS
 CONCERNING ANY MATTER RELATED TO THE PERFORMANCE OF SUCH PERSON'S  OFFI-
 CIAL  DUTIES.  NO  STATEMENT  OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
 USED AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL  PROSE-
 CUTION  OTHER  THAN FOR PERJURY OR CONTEMPT ARISING FROM SUCH TESTIMONY.
 THE REFUSAL OF ANY OFFICER OR EMPLOYEE  TO  ANSWER  QUESTIONS  SHALL  BE
 CAUSE  FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENAL-
 TY;
   6. MONITOR THE IMPLEMENTATION BY THE MUNICIPALITY OF  ANY  RECOMMENDA-
 TIONS MADE BY THE INSPECTOR GENERAL; AND
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   7.  PERFORM  ANY  OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
 FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE.
   §  63.  RESPONSIBILITIES  OF  THE  MUNICIPALITY  AND  ITS OFFICERS AND
 EMPLOYEES. 1. EVERY OFFICER OR EMPLOYEE OF THE MUNICIPALITY SHALL REPORT
 PROMPTLY TO THE INSPECTOR GENERAL ANY INFORMATION CONCERNING CORRUPTION,
 FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF  INTEREST  OR  ABUSE  BY  ANOTHER
 OFFICER  OR  EMPLOYEE RELATING TO SUCH PERSON'S OFFICE OR EMPLOYMENT, OR
 BY A PERSON HAVING BUSINESS DEALINGS WITH THE MUNICIPALITY  RELATING  TO
 THOSE  DEALINGS.  THE  KNOWING  FAILURE OF ANY OFFICER OR EMPLOYEE TO SO
 REPORT SHALL BE CAUSE FOR REMOVAL FROM OFFICE  OR  EMPLOYMENT  OR  OTHER
 APPROPRIATE PENALTY UNDER THIS ARTICLE. ANY OFFICER OR EMPLOYEE WHO ACTS
 PURSUANT  TO  THIS  SUBDIVISION BY REPORTING TO THE INSPECTOR GENERAL OR
 OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL IMPROPER GOVERNMENTAL  ACTION
 AS  DEFINED IN SECTION SEVENTY-FIVE-B OF THE CIVIL SERVICE LAW SHALL NOT
 BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL ACTION.
   2. THE INSPECTOR GENERAL SHALL ADVISE THE MAYOR AND THE GOVERNING BODY
 OF THE MUNICIPALITY WITHIN NINETY DAYS OF THE ISSUANCE OF  A  REPORT  BY
 THE  INSPECTOR  GENERAL  AS TO THE REMEDIAL ACTION THAT THE MUNICIPALITY
 HAS TAKEN IN RESPONSE TO ANY RECOMMENDATION FOR SUCH ACTION CONTAINED IN
 SUCH REPORT.
   § 2. This act shall take effect immediately.