Anti-Corruption Amendment

NEW YORK STATE CONSTITUTIONAL AMENDMENT TO PROMOTE GOVERNMENT INTEGRITY AND DETER CORRUPTION

 

TEXT:

Constitutional Amendment to replace JCOPE and the LEC with a single, truly independent, enforcement agency, similar to the Commission on Judicial Conduct established in Article VI of the State Constitution, to deter corruption in the legislative and executive branches of state government.

 

S594A (ACTIVE) - Bill Text

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing that the constitution be amended by adding a new article  V-A;
  in relation to state government integrity

  Section 1. Resolved (if the Assembly concur), That the constitution be
amended by adding a new article V-A to read as follows:
                               ARTICLE V-A
                       STATE GOVERNMENT INTEGRITY
  SECTION  1. A. THE PEOPLE OF NEW YORK EXPECT OFFICERS AND EMPLOYEES OF
THE STATE TO OBSERVE LAWS, RULES AND REGULATIONS THAT SPECIFY HIGH STAN-
DARDS OF ETHICAL CONDUCT DESIGNED TO AVOID THE REALITY AND APPEARANCE OF
CORRUPTION, CONFLICT OF INTEREST, SELF-DEALING AND BREACH OF THE  PUBLIC
TRUST.  EQUALLY  THEY EXPECT THAT CANDIDATES FOR STATE OFFICE AND OTHERS
SEEKING TO INFLUENCE STATE ELECTIONS TO OBSERVE LAWS,  RULES  AND  REGU-
LATIONS  DESIGNED  TO  REGULATE  ACTUAL  AND  POTENTIAL  CORRUPTION  AND
CONFLICTS OF INTEREST BY REGULATING THE INFLUENCE OF MONEY  IN  POLITICS
AND  MAKING  TRANSPARENT  THE  FINANCING  AND EXPENDITURES OF EFFORTS TO
INFLUENCE VOTERS. TO PROTECT THE INTEGRITY AND FREEDOM  FROM  CORRUPTION
OF  THE  USE  OF  STATE  POWER  TO ENACT LAWS, ESTABLISH RULES AND REGU-
LATIONS, AND CONTRACT FOR GOODS AND SERVICES FUNDED IN WHOLE OR IN  PART
WITH  STATE  TAXES  AND  OTHER  REVENUES,  THE PEOPLE OF NEW YORK EXPECT
OBSERVANCE OF LAWS, RULES AND REGULATIONS THAT REGULATE LOBBYING, LOBBY-
ISTS AND GOVERNMENT PROCUREMENT. TO  ENSURE  THE  APPROPRIATE  WORKPLACE
CONDUCT OF STATE OFFICERS AND EMPLOYEES AND THOSE WHO INTERACT WITH SUCH
OFFICERS  AND  EMPLOYEES WHILE DEALING WITH THE STATE AND ITS INSTRUMEN-
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89014-07-9

S. 594--A                           2

TALITIES, THE PEOPLE OF NEW YORK  EXPECT  THAT  ALL  SUCH  PERSONS  WILL
OBSERVE LAWS, RULES AND REGULATIONS SETTING STANDARDS OF APPROPRIATE AND
NON-DISCRIMINATORY WORKPLACE BEHAVIOR.
  B. ACHIEVING THIS GOAL REQUIRES AN INDEPENDENT AND NON-PARTISAN AGENCY
WITH  JURISDICTION  OVER  MATTERS PERTAINING TO BOTH THE LEGISLATIVE AND
EXECUTIVE BRANCHES OF GOVERNMENT AND  THAT  HAS  THE  NEEDED  POWERS  TO
TRAIN,  ADVISE,  INTERPRET,  ADOPT  RULES  AND REGULATIONS, INVESTIGATE,
CONDUCT FAIR HEARINGS THAT AFFORD DUE  PROCESS  AND  IMPOSE  APPROPRIATE
SANCTIONS ON A CONSISTENT BASIS SO THAT, WITH FAIR AND EQUAL APPLICATION
OF  THE LAW, NO PERSON OR ENTITY, NO MATTER WHAT THEIR STATUS, INFLUENCE
OR ROLE IN GOVERNMENT, CAN PLACE THEMSELVES  ABOVE  THE  LAW  OR  SUFFER
DETRIMENT DUE TO ANY LACK OF SUCH STATUS, INFLUENCE OR ROLE.
  §  2.  A. THERE SHALL BE A NEW YORK STATE GOVERNMENT INTEGRITY COMMIS-
SION.  THE COMMISSION SHALL, ON AN INDEPENDENT AND  NON-PARTISAN  BASIS:
(I) RECEIVE, INITIATE, INVESTIGATE AND DETERMINE COMPLAINTS WITH RESPECT
TO  LAWS,  RULES AND REGULATIONS PROHIBITING UNETHICAL BEHAVIOR, INCLUD-
ING, CONFLICT OF INTEREST, SELF-DEALING AND BREACH OF THE PUBLIC  TRUST;
(II)  ADMINISTER  AND  ENFORCE LAWS, RULES AND REGULATIONS PROVIDING FOR
THE DISCLOSURE OF FINANCIAL AND  OTHER  INTERESTS  BY  STATE  GOVERNMENT
OFFICERS  AND  EMPLOYEES;  (III)  ADMINISTER AND ENFORCE LAWS, RULES AND
REGULATIONS RELATING TO ABUSE OF OFFICIAL  POSITION,  INCLUDING  THROUGH
DISCRIMINATION  AND  DISCRIMINATORY AND RETALIATORY HARASSMENT, BY STATE
GOVERNMENT OFFICERS AND EMPLOYEES; (IV)  ADMINISTER  AND  ENFORCE  LAWS,
RULES  AND  REGULATIONS  REGULATING  THE  INFLUENCE OF MONEY IN POLITICS
INCLUDING THOSE PROVIDING FOR THE DISCLOSURE OF  RECEIPTS  AND  EXPENDI-
TURES  BY  CANDIDATES  AND POLITICAL PARTIES; (V) ADMINISTER AND ENFORCE
LAWS, RULES AND REGULATIONS RELATING TO PUBLIC  FINANCING  OF  POLITICAL
CAMPAIGNS;  (VI) ADMINISTER AND ENFORCE LAWS, RULES AND REGULATIONS THAT
REGULATE LOBBYING AND LOBBYISTS; AND (VII) RECEIVE,  INITIATE,  INVESTI-
GATE  AND  DETERMINE COMPLAINTS THAT LAWS, RULES AND REGULATIONS RELATED
TO GOVERNMENT PROCUREMENT ARE  NOT  BEING  FAITHFULLY  EXECUTED.    THIS
JURISDICTION SHALL BE IN ADDITION TO AND NOT IN DEROGATION OF THE INVES-
TIGATORY, DISCIPLINARY, VENDOR QUALIFICATION OR LAW ENFORCEMENT AUTHORI-
TY OF ANY OTHER PERSON OR ENTITY AND OF THE RIGHT OF AN AGGRIEVED PERSON
TO  SEEK CIVIL REDRESS IN ACCORDANCE WITH LAW. THE COMMISSION MAY IN ITS
DISCRETION DECLINE TO INITIATE, OR SUSPEND INITIATION OF PROCEEDINGS, OR
OTHERWISE ADJUST ITS PROCEDURES,  IN  VIEW  OF  SUCH  OTHER  PROCEEDINGS
UNDERTAKEN OR ABLE TO BE UNDERTAKEN BY SUCH OTHER PERSON OR ENTITY.
  B.  WHEN,  AFTER  HEARING,  THE  COMMISSION  HAS  DETERMINED  THAT THE
RESPONDENT HAS VIOLATED A LAW, RULE OR  REGULATION  WITHIN  THE  COMMIS-
SION'S  JURISDICTION  TO  ENFORCE,  THE  COMMISSION MAY IMPOSE ANY CIVIL
SANCTION AUTHORIZED BY LAW AND/OR REFER THE MATTER FOR  CRIMINAL  PROSE-
CUTION.  THE  COMMISSION  MAY  ALSO  CAUTION,  ADMONISH  OR CENSURE SUCH
RESPONDENT OR, IN THE CASE OF A NON-ELECTED STATE OFFICER  OR  EMPLOYEE,
SUSPEND,  DEMOTE  OR  REMOVE  SUCH  RESPONDENT FROM OFFICE OR EMPLOYMENT
AFTER SUCH ADJUDICATORY PROCESS THAT  SUBSTANTIALLY  COMPLIES  WITH  THE
TERMS  OF  ANY RELEVANT COLLECTIVE BARGAINING AGREEMENT. IN DECIDING THE
SEVERITY OF THE SANCTION, THE COMMISSION SHALL CONSIDER TO  WHAT  EXTENT
THE  VIOLATION  IS  INADVERTENT, ISOLATED AND/OR OF INSUBSTANTIAL CONSE-
QUENCE ON THE ONE HAND OR WILLFUL, REPEATED, CAUSING ACTUAL PUBLIC  HARM
OR RISK OF PUBLIC HARM AND/OR OTHERWISE EGREGIOUS ON THE OTHER. DETERMI-
NATIONS,  OTHER  THAN A DETERMINATION TO REFER FOR CRIMINAL PROSECUTION,
SHALL BE SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH LAW. IF IT  FINDS
SUCH  A  VIOLATION  IT  MAY ALSO ISSUE A CEASE AND DESIST ORDER AND SEEK
JUDICIAL ENFORCEMENT OF THAT ORDER IN ACCORDANCE WITH LAW.

S. 594--A                           3

  C. THE COMMISSION SHALL CONSIST  OF  THIRTEEN  MEMBERS,  APPOINTED  AS
FOLLOWS:  (I)  TWO  SHALL  BE APPOINTED BY THE GOVERNOR, AT LEAST ONE OF
WHOM SHALL BE, OR WITHIN THE PRIOR FIVE YEARS SHALL HAVE BEEN,  ENROLLED
IN  A  DIFFERENT MAJOR POLITICAL PARTY THAN THE GOVERNOR; (II) ONE SHALL
BE  APPOINTED BY EACH OF THE LEADERS IN EACH HOUSE OF THE LEGISLATURE OF
THE PARTY CONFERENCES WHOSE CANDIDATE FOR GOVERNOR IN  THE  MOST  RECENT
GUBERNATORIAL ELECTION RECEIVED THE LARGEST AND SECOND LARGEST NUMBER OF
VOTES;  AND  (III)  SEVEN JOINTLY BY THE CHIEF JUDGE OF THE STATE OF NEW
YORK AND THE PRESIDING JUSTICES OF  EACH  OF  THE  APPELLATE  DIVISIONS,
THREE OF WHOM SHALL BE, AND WITHIN THE PRIOR FIVE YEARS SHALL HAVE BEEN,
ENROLLED  IN  EACH OF THE TWO MAJORITY POLITICAL PARTIES AND ONE OF WHOM
SHALL NOT BE, AND SHALL  NOT  WITHIN  THE  PAST  FIVE  YEARS  HAVE  BEEN
ENROLLED IN ANY POLITICAL PARTY. THE CHIEF JUDGE SHALL REQUEST THE PRES-
IDENT  AND  IMMEDIATE PAST PRESIDENT OF THE STATE BAR JOINTLY TO PROPOSE
SEVEN PERSONS FOR EACH OF TWO APPOINTMENTS TO THE COMMISSION  WHO  AS  A
GROUP  OF  SEVEN WOULD BE ELIGIBLE FOR SUCH APPOINTMENT AND TWO OF THOSE
APPOINTED JOINTLY BY THE CHIEF JUDGE AND THE PRESIDING JUSTICES SHALL BE
DRAWN FROM THESE TWO LISTS. NO MEMBER OF THE COMMISSION SHALL HAVE  HELD
OFFICE IN ANY POLITICAL PARTY ORGANIZATION, HAVE BEEN A STATE OFFICER OR
EMPLOYEE  OR  HAVE  BEEN  ENGAGED  AS  A  LOBBYIST WITHIN THREE YEARS OF
APPOINTMENT OR AT ANY TIME DURING THEIR TERM. THE CHAIR SHALL BE ELECTED
BY THE COMMISSION MEMBERS FROM AMONG ITS MEMBERS.    COMMISSION  MEMBERS
SHALL BE REIMBURSED FOR THEIR ACTUAL EXPENSES AND PAID A PER DIEM SALARY
TO  BE  FIXED  BY LAW BUT AT LEAST A PER DIEM AMOUNT EQUAL TO THE ANNUAL
SALARY PAID TO A JUSTICE OF THE SUPREME COURT  DIVIDED  BY  TWO  HUNDRED
TWENTY. A MEMBER MAY BE REMOVED FOR CAUSE ON APPLICATION TO THE COURT OF
APPEALS  MADE  BY  A MAJORITY VOTE OF THE FULL MEMBERSHIP OF THE COMMIS-
SION.
  D. THE PERSONS FIRST APPOINTED BY THE GOVERNOR SHALL HAVE RESPECTIVELY
THREE AND FOUR-YEAR TERMS AS THE GOVERNOR SHALL DESIGNATE.  THE  PERSONS
FIRST  APPOINTED JOINTLY BY THE CHIEF JUDGE OF THE STATE OF NEW YORK AND
THE PRESIDING JUSTICES OF THE APPELLATE DIVISIONS SHALL HAVE RESPECTIVE-
LY ONE, TWO, TWO, THREE, THREE, FOUR, AND FOUR-YEAR TERMS AS THAT  JUDGE
AND  THOSE  JUSTICES  SHALL DESIGNATE. THE PERSON FIRST APPOINTED BY THE
LEGISLATIVE LEADERS IN EACH  HOUSE  OF  THE  LEGISLATURE  OF  THE  PARTY
CONFERENCES  WHOSE CANDIDATE FOR GOVERNOR RECEIVED THE LARGEST NUMBER OF
VOTES SHALL HAVE A FOUR-YEAR TERM IN THE CASE OF THE SENATE AND A THREE-
YEAR TERM IN THE CASE OF THE ASSEMBLY. THE PERSON FIRST APPOINTED BY THE
LEGISLATIVE LEADERS IN EACH  HOUSE  OF  THE  LEGISLATURE  OF  THE  PARTY
CONFERENCES  WHOSE  CANDIDATE  FOR  GOVERNOR RECEIVED THE SECOND LARGEST
NUMBER OF VOTES SHALL HAVE A TWO-YEAR TERM IN THE CASE OF THE SENATE AND
A ONE-YEAR TERM IN THE CASE OF THE ASSEMBLY. EACH MEMBER OF THE  COMMIS-
SION SHALL BE APPOINTED THEREAFTER FOR A TERM OF FOUR YEARS AND SHALL BE
APPOINTED  IN THE SAME MANNER WITH A PERSON OF THE SAME POLITICAL AFFIL-
IATION AS HIS OR HER PREDECESSOR.
  E. THE ORGANIZATION AND  PROCEDURE  OF  THE  COMMISSION  SHALL  BE  AS
PROVIDED  BY LAW PROVIDED THAT THE COMMISSION SHALL ACT BY MAJORITY VOTE
OF ITS MEMBERSHIP AND DETERMINE VIOLATIONS BASED ON A  PREPONDERANCE  OF
THE  EVIDENCE EXCEPT THAT ANY ORDER OF CENSURE OR REMOVAL SHALL BE BASED
ON CLEAR AND CONVINCING EVIDENCE.  THE COMMISSION MAY ESTABLISH ITS  OWN
RULES  AND  PROCEDURES  NOT INCONSISTENT WITH LAW AND DUE PROCESS. THOSE
RULES SHALL BAR EX PARTE COMMUNICATIONS REGARDING A POTENTIAL OR ONGOING
INVESTIGATION OR OTHER MATTER BEFORE THE COMMISSION, DIRECT OR INDIRECT,
BETWEEN MEMBERS OF THE COMMISSION AND  THEIR  APPOINTING  AUTHORITY  AND
SUCH RULE SHALL BIND BOTH THE MEMBER, THE COMMISSION STAFF, THE APPOINT-
ING  AUTHORITY AND THE STAFF, AGENTS AND REPRESENTATIVES OF THE APPOINT-

S. 594--A                           4

ING AUTHORITY. THE COMMISSION SHALL BE EMPOWERED  TO  DESIGNATE  ONE  OR
MORE OF ITS MEMBERS OR ANY OTHER PERSONS AS HEARING OFFICERS TO HEAR AND
REPORT CONCERNING ANY MATTER BEFORE THE COMMISSION.
  §  3.  A.  THE  COMMISSION MANY APPOINT AN EXECUTIVE DIRECTOR, WHO MAY
APPOINT STAFF, AND ONE OR MORE DEPUTY DIRECTORS  WITH  SUCH  DUTIES  AND
POWERS  AS  THE  COMMISSION MAY FIX. NO PERSON WHO WOULD BE DISQUALIFIED
FROM BEING A MEMBER OF THE COMMISSION  MAY  BE  APPOINTED  AS  EXECUTIVE
DIRECTOR  EXCEPT  THAT  A PERSON EMPLOYED AT THE COMMISSION SHALL NOT BE
DISQUALIFIED BY REASON OF THAT EMPLOYMENT.
  B. THE COMMISSION AND ITS DESIGNATED HEARING OFFICERS SHALL  HAVE  THE
POWER  TO ADMINISTER OATHS, COMPEL THE ATTENDANCE OF WITNESSES AND ISSUE
SUBPOENAS.
  C. THE COMMISSION, SHALL HAVE THE DUTY TO TRAIN ALL PERSONS WITHIN THE
COMMISSION'S JURISDICTION IN COMPLIANCE WITH THE LAWS, RULES  AND  REGU-
LATIONS  WITH  RESPECT  TO  WHICH THE COMMISSION HAS JURISDICTION AND TO
OTHERWISE ENCOURAGE PERSONS SUBJECT TO THE COMMISSION'S JURISDICTION  TO
FULFILL  THEIR  DUTIES UNDER SUCH LAWS AND SHALL HAVE THE POWER TO ISSUE
AND INTERPRET RULES AND REGULATIONS  SUBJECT  TO  JUDICIARY  REVIEW  FOR
CONFORMANCE WITH LAW.
  D.  THE  COMMISSION  MAY  MAKE  A  CRIMINAL  PROSECUTION REFERRAL TO A
DISTRICT ATTORNEY, THE ATTORNEY GENERAL OR A UNITED STATES ATTORNEY.
  E. THE COMMISSION, AFTER NOTICE AND OPPORTUNITY  FOR  PUBLIC  COMMENT,
MAY ISSUE ADVISORY OPINIONS OR BULLETINS WHICH WILL HAVE SUCH PROTECTIVE
EFFECT  ON  THOSE WHO ACT IN COMPLIANCE THEREWITH AS IS SPECIFIED IN THE
OPINION OR BULLETIN. IT SHALL ALSO ESTABLISH AN  OFFICE  OF  ETHICS  AND
LOBBYING  GUIDANCE  TO  GIVE  PROMPT, NON-PRECEDENTAL INFORMAL ADVICE TO
PERSONS WHOSE CONDUCT IT OVERSEES.    PERSONS  RECEIVING  SUCH  INFORMAL
ADVICE  MAY  RELY  ON  THAT  ADVICE ABSENT MISREPRESENTATION OF MATERIAL
FACTS TO THE OFFICE OF ETHICS AND LOBBYING GUIDANCE  AND  SUCH  COMMUNI-
CATIONS  WITH  THE  OFFICE  OF  ETHICS  AND LOBBYING SHALL BE TREATED AS
CONFIDENTIAL EXCEPT AS DISCLOSURE IS NEEDED  TO  PREVENT  OR  RECTIFY  A
CRIME OR FRAUD OR PREVENT A SUBSTANTIAL THREAT TO PUBLIC SAFETY.
  §  4. THE COMMISSION SHALL ANNUALLY SUBMIT A BUDGET WHICH THE GOVERNOR
SHALL INCLUDE  IN  HIS  EXECUTIVE  BUDGET  AND  FINANCIAL  PLAN  WITHOUT
REVISION.    THE  LEGISLATURE MAY REDUCE THE COMMISSION'S BUDGET AND THE
GOVERNOR MAY VETO THAT REDUCTION AND REPLACE IT WITH AN AMOUNT NOT  LESS
THAN  THAT DETERMINED BY THE LEGISLATURE. IF SUCH VETO SHALL BE OVERRID-
DEN BY A TWO-THIRDS VOTE OF BOTH HOUSES OF THE LEGISLATURE,  THE  AMOUNT
DETERMINED BY THE LEGISLATURE SHALL BECOME BINDING.
  §  5. A. THE COMMISSION SHALL ADMINISTER AND ENFORCE THE STATE CODE OF
ETHICS ESTABLISHED BY LAW. THE STATE CODE OF ETHICS SHALL BE  CONSTRUED,
AND ANY REVISION OR AMENDMENT THERETO, SHALL BE DRAFTED AND CONSTRUED TO
PROSCRIBE  CONDUCT  THAT  CREATES  IN THE MIND OF A REASONABLE PERSON AN
APPEARANCE OF CORRUPTION, CONFLICTS OF INTEREST THAT  MATERIALLY  IMPAIR
THE  PERFORMANCE  OF  OFFICIAL  DUTIES  AND BREACHES OF THE PUBLIC TRUST
INCLUDING THE MISUSE OF OFFICIAL  POSITION  OR  THE  ABUSE  OF  OFFICIAL
AUTHORITY  FOR  PERSONAL  GAIN. THE COMMISSION SHALL PERIODICALLY REVIEW
THE STATE CODE OF ETHICS AND MAY PROPOSE TO  THE  LEGISLATURE  REVISIONS
AND AMENDMENTS TO THE CODE.
  B.  THE  STATE  CODE  OF  ETHICS  SHALL,  BY VIRTUE OF THIS PROVISION,
PROVIDE THAT IT SHALL BE THE ETHICAL DUTY OF ANY PERSON OR ENTITY WITHIN
THE JURISDICTION OF THE COMMISSION TO PROMPTLY REPORT TO THE  COMMISSION
INFORMATION NOT PROTECTED BY THE ATTORNEY-CLIENT OR PROSECUTORIAL INVES-
TIGATIVE  PRIVILEGE ABOUT ACTIVITY KNOWN TO BE IN VIOLATION OF THE STATE
CODE OF ETHICS OR OTHER LAW WHICH ANY PERSON OR ENTITY  HAS  ENGAGED  IN
WITH  RESPECT TO ACTIVITY THAT IS WITHIN THE JURISDICTION OF THE COMMIS-

S. 594--A                           5

SION.  THERE SHALL BE NO RETALIATION AGAINST A PERSON OR  ENTITY  MAKING
SUCH  A  REPORT  IN GOOD FAITH ON INFORMATION AND BELIEF, AND ANY PERSON
AGGRIEVED BY SUCH RETALIATION MAY BRING A CIVIL ACTION FOR  COMPENSATORY
AND EXEMPLARY DAMAGES.
  C.  THE  STATE  CODE  OF  ETHICS  SHALL,  BY VIRTUE OF THIS PROVISION,
PROVIDE THAT NO PERSON WITHIN THE JURISDICTION OF THE  COMMISSION  SHALL
COMMIT  AN ACT OF DISCRIMINATORY OR RETALIATORY HARASSMENT WHILE SERVING
IN HIS OR HER OFFICIAL CAPACITY AND NO SUCH PERSON SERVING IN A SUPERVI-
SORY CAPACITY SHALL SUFFER AN ACT OF SUCH HARASSMENT  TO  OCCUR  WITHOUT
TAKING  CARE  THAT THERE BE DUE CONSEQUENCES IN ACCORDANCE WITH LAW. THE
COMMISSION MAY BY RULE DEFINE THE CONDUCT THAT  CONSTITUTES  AN  ACT  OF
DISCRIMINATORY  OR  RETALIATORY  HARASSMENT  AND  SHALL ESTABLISH A UNIT
RESPONSIBLE FOR HARASSMENT COMPLAINTS AND INVESTIGATIONS.
  § 6. THE COMMISSION MAY RECOMMEND TO THE LEGISLATURE  LIMITS  FOR  ALL
CATEGORIES  OF CAMPAIGN CONTRIBUTIONS TO CANDIDATES AND POLITICAL ORGAN-
IZATIONS THAT IN ITS JUDGMENT ARE LOW ENOUGH TO PREVENT AN ELECTED OFFI-
CIAL FROM BEING SO BEHOLDEN TO A CAMPAIGN CONTRIBUTOR AS  TO  MATERIALLY
IMPAIR  SUCH  OFFICIAL'S  EXERCISE OF INDEPENDENT POLICY JUDGMENT IN THE
INTERESTS OF THE PUBLIC AND HIS OR HER CONSTITUENTS.
  § 7. THE COMMISSION SHALL BE SUBJECT TO ALL  TRANSPARENCY  AND  PUBLIC
ACCESS  LAWS SUBJECT TO SUCH REASONABLE EXCEPTIONS FOR PENDING CONFIDEN-
TIAL INVESTIGATIONS AS SHALL BE PROVIDED BY LAW. THE LEGISLATIVE  BRANCH
SHALL  BE  SUBJECT TO LAWS PROVIDING FOR TRANSPARENCY TO THE SAME EXTENT
AS IS THE EXECUTIVE BRANCH.
  § 8. ANY COMMISSION APPOINTMENT NOT MADE WITHIN SIXTY  DAYS  FOLLOWING
THE  EFFECTIVE  DATE OF THIS ARTICLE, OR WITHIN SIXTY DAYS OF THE OCCUR-
RENCE OF ANY VACANCY, SHALL BE FILLED BY THE PRESIDENT AND  PRESIDENT-E-
LECT  OF  THE  STATE  BAR  ACTING  JOINTLY. FOR NO MORE THAN NINETY DAYS
FOLLOWING THE INITIAL APPOINTMENT ALL  THE  MEMBERS  OF  THE  COMMISSION
SHALL  PREPARE  TO COMMENCE OPERATION, INCLUDING THE HIRING OF AN EXECU-
TIVE DIRECTOR AND MANAGERIAL STAFF, AND ON SUCH NINETIETH DAY THE  JOINT
COMMISSION  ON PUBLIC ETHICS AND THE LEGISLATIVE ETHICS COMMISSION SHALL
NO LONGER EXIST, AND THE  AUTHORITY  OF  THE  BOARD  OF  ELECTIONS  OVER
CAMPAIGN  FINANCE  SHALL  CEASE ALL THEIR POWERS, DUTIES, NON-MANAGERIAL
EMPLOYEES AND MATTERS HAVING BEEN TRANSFERRED TO THE COMMISSION.
  § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.

 

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