ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

September 18, 2013

Forfeiture of the pension portion of the retirement allowance of a public officer found guilty of corruption in public office suggested during Moreland Commission hearing


Forfeiture of the pension portion of the retirement allowance of a public officer found guilty of corruption in public office suggested during Moreland Commission hearing

Among the suggestion made to the Moreland Commission to Investigate Public Corruption in the course of its first hearing concerning allegations of corruption on the part of public officials was that such official found guilty of violating their oath of office forfeit their membership in their public retirement system.

U.S. Attorney Preet Bjharara testified that a “show-me-the-money culture … appears rampant … and the ranks of those convicted in office have swelled to absolutely unacceptable level.”

It was reported that Mr. Biharara’s office had earlier filed a motion to include “pensions” paid by a public retirement system of the State as part of the property that convicted officials would have to forfeit.

Bills have been introduced in the State Legislature to this end but have yet to be passed and signed into law.

For example, in 2007 Member of the Assembly Burling introduced such a measure, Assembly Bill 6493, that provided that public officers convicted of a felony related to the abuse of his or her office shall forfeit their state pension. The bill was never reported out of the Governmental Operations Committee.

In 2013 Member of the Assembly DiPietro introduced a similar bill, Assembly 6464. This bill would amend public officers law by adding a new section, §74-b, to read as follows:

§74-b Felony convictions of public officers. Notwithstanding any other provision of law to the contrary, the conviction of a public officer, as defined by this chapter, for any felony crime related to abuse of his or her office shall include, in addition to any other punishment imposed pursuant to this chapter, a forfeiture of his or her state pension.

The act would take effect immediately upon being signed into law by the governor.

No “same as” bill has been introduced in the State Senate.
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com