Bill Text: NY S06442 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits state agencies from imposing or suggesting any enforcement quotas or from using quotas as a reward to evaluation method.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-02-09 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S06442 Detail]

Download: New_York-2011-S06442-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6442
                                   I N  S E N A T E
                                   February 9, 2012
                                      ___________
       Introduced  by  Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Commerce, Economic Development and Small Business
       AN  ACT  to amend the state administrative procedure act, in relation to
         enforcement of violations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The state administrative procedure act is amended by adding
    2  a new article 6 to read as follows:
    3                                  ARTICLE 6
    4                          ENFORCEMENT OF VIOLATIONS
    5  SECTION 601. ENFORCEMENT OF VIOLATIONS.
    6    S 601. ENFORCEMENT OF VIOLATIONS. 1. UNLESS OTHERWISE PROVIDED BY LAW,
    7  NO STATE AGENCY SHALL:
    8    (A)  IMPOSE  OR SUGGEST ANY ENFORCEMENT QUOTA WITH RESPECT TO OFFICERS
    9  OR EMPLOYEES DIRECTLY INVOLVED IN ENFORCEMENT ACTIVITIES OR THEIR  IMME-
   10  DIATE SUPERVISORS;
   11    (B)  USE  RECORDS  OF  QUANTITATIVE ENFORCEMENT RESULTS AS THE PRIMARY
   12  CRITERION TO EVALUATE SUCH OFFICERS, EMPLOYEES OR SUPERVISORS;
   13    (C) REWARD ANY OFFICER, EMPLOYEE OR SUPERVISOR FOR MEETING OR  EXCEED-
   14  ING AN ENFORCEMENT QUOTA; OR
   15    (D) TRANSFER OR IN ANY OTHER MANNER PENALIZE OR THREATEN, EXPRESSLY OR
   16  IMPLIEDLY,  ANY  SUCH  OFFICER,  EMPLOYEE OR SUPERVISOR AS TO HIS OR HER
   17  EMPLOYMENT IN A MANNER, INCLUDING, BUT NOT LIMITED TO, A REASSIGNMENT, A
   18  SCHEDULING CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL,  THE
   19  DENIAL  OF  A PROMOTION, OR THE DENIAL OF OVERTIME, BASED IN WHOLE OR IN
   20  PART ON SUCH PERSON'S FAILURE TO MEET AN ENFORCEMENT QUOTA.
   21    2. NOTHING IN THIS SECTION SHALL PRECLUDE AN AGENCY  FROM  MAKING  AND
   22  COMMUNICATING  FORECASTS  OF  ENFORCEMENT RESULTS FOR PLANNING PURPOSES,
   23  AND ACCUMULATING, TABULATING, PUBLISHING AND USING  ENFORCEMENT  RESULTS
   24  FOR  MANAGEMENT  AND  CONTROL OF AGENCY RESOURCES SO LONG AS ENFORCEMENT
   25  RESULTS OR TABULATIONS ARE NOT USED AS THE PRIMARY CRITERION TO EVALUATE
   26  AN OFFICER OR EMPLOYEE DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  OR
   27  TO IMPOSE OR SUGGEST ENFORCEMENT QUOTAS. IN THE DISCHARGE OF A MANAGER'S
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11471-01-1
       S. 6442                             2
    1  RESPONSIBILITIES,  BUT  SUBJECT  TO THE PROVISIONS OF SUBDIVISION ONE OF
    2  THIS SECTION, A MANAGER MAY RAISE QUESTIONS WITH AN OFFICER OR  EMPLOYEE
    3  ABOUT  THE  NUMBER  OF  CASES  PROCESSED OR INSPECTIONS PERFORMED BY THE
    4  OFFICER OR EMPLOYEE, THE AMOUNT OF TIME THE OFFICER OR EMPLOYEE HAS BEEN
    5  SPENDING  ON  INDIVIDUAL  ENFORCEMENT ACTIVITIES, OR THE KIND OF RESULTS
    6  THE OFFICER OR EMPLOYEE HAS BEEN OBTAINING, AND MAY USE  SIMILAR  STAND-
    7  ARDS  IN  EVALUATING THE PERFORMANCE OF A SUPERVISOR OF SUCH OFFICERS OR
    8  EMPLOYEES.
    9    3. AS USED IN THIS SECTION, "ENFORCEMENT QUOTA" SHALL MEAN A QUANTITA-
   10  TIVE  STANDARD  FOR  EVALUATING  OR  MEASURING  ENFORCEMENT  ACTIVITIES,
   11  INCLUDING  BUT NOT LIMITED TO (A) A SPECIFIC NUMBER OF ENFORCEMENT CASES
   12  IN WHICH CITATIONS FOR VIOLATIONS ARE MADE WITHIN A SPECIFIED PERIOD  OF
   13  TIME;  (B) THE TOTAL NUMBER OF VIOLATIONS FOUND WITHIN A SPECIFIED PERI-
   14  OD; (C) THE TOTAL DOLLAR AMOUNT OF PENALTIES ASSOCIATED WITH ENFORCEMENT
   15  ACTIVITIES WITHIN A SPECIFIED PERIOD OF TIME; OR (D) ANY  COMPARISON  OF
   16  THE  ENFORCEMENT  ACTIVITIES  OF AN OFFICER, EMPLOYEE OR SUPERVISOR WITH
   17  OTHER OFFICERS, EMPLOYEES OR SUPERVISORS, WITH AN AVERAGE OF SUCH ACTIV-
   18  ITIES OR WITH OTHER QUANTITATIVE STANDARDS, WHEN  USED  TO  PENALIZE  OR
   19  REWARD  OFFICERS,  EMPLOYEES  OR SUPERVISORS FOR ATTAINING OR FAILING TO
   20  ATTAIN A SPECIFIC NUMBER OF CITATIONS FOR  VIOLATIONS  AND/OR  PENALTIES
   21  WITHIN A SPECIFIED PERIOD OF TIME.
   22    S 2. This act shall take effect immediately.