BILL NUMBER: S38
SPONSOR: WALCZYK
 
TITLE OF BILL:
An act to amend the public officers law, in relation to crimes against
public trust by state officers
 
PURPOSE OR GENERAL IDEA OF BILL:
Crimes against public trust by state officers.
 
SUMMARY OF PROVISIONS:
Section 1: Names the act "the halt crimes against public trust act"
Section 2: Amends public officer's law and adds section 79-a:
a.79-a. Crimes against public trust by state officers. Any state officer
indicted for a crime involving public trust shall have their salary for
such official position suspended pending such an indictment.
b. Where the indictment results in a conviction of a crime against
public trust, all monies earned by such state officer for such official
position beginning with the pay period immediately preceding the date
upon which the first convicted offense occurred shall be paid back to
the state by such state officer.
c. Where the indictment does not result in a conviction of a crime.
Against public trust, such suspension shall cease and such state officer
shall be paid back all monies not paid to such state officer during
suspension.
(2) Expands definition of "crime involving public trust"
Section 3: Effective date.
 
JUSTIFICATION:
When a legislator raises their right hand, and swears an oath in accord-
ance with the constitution of the great State of New York to faithfully
discharge the duties of the office they have been elected to hold by
the people, they have made a promise to the people of this state which
requires them to be held to the highest of standards. When an elected
official fails in their duties that they have sworn to execute faithful-
ly, they must be held also to that same high standard. In keeping with
the motto of our state, "Excelsior" we too must strive to hold ourselves
to this.
New York State has unfortunately lead the country in corruption and with
each new headline describing the violations of public trust, the people
of New York suffer dignity, pride, and faith in their governmental
system. It's time to stop leading in corruption and start leading the
way in holding our public officials accountable. This bill will be a
great step towards keeping this promise to our citizens.
When an elected official violates the trust of their constituents it
reflects poorly upon all public offices and paints a portrait of
corruption at all levels of government. By enacting this legislation we
can not only show the people of this state that we are committed
to ending public corruption, but that we also stand by our pledge of
being responsible stewards of their tax dollars. This bill will recoup
any salary paid to a public official whom has failed in their sworn oath
to the people. It does so by symbolically and literally
requiring the offender pay back all salary received during that term of
office for which they swore an oath. By enacting this legislation, we
are sending a message to would be unscrupulous officials that this type
of behavior will not be tolerated, and they will not be rewarded for it
with a paycheck funded by the people of this state.
 
PRIOR LEGISLATIVE HISTORY:
A6320/S7746 (2019): Referred to Ethics and Internal Governance
A4437/S2040 (2021): Referred to Ethics and Internal Governance
A6918/S2670 (2023): Referred to Ethics and Internal Governance
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE: :
This act shall take effect immediately.