(b) Not later than twenty calendar days after receipt from the
commission on ethics and lobbying in government of a written substantial
basis investigation report and any supporting documentation or other
materials regarding a matter before the commission pursuant to section
ninety-four of the executive law, unless requested by a law enforcement
agency to suspend the commission's action because of an ongoing criminal
investigation, the legislative ethics commission shall make public such
report in its entirety; provided, however, that the commission may
withhold such information for not more than one additional period of the
same duration or refer the matter back to the commission on ethics and
lobbying in government once for additional investigation, in which case
the legislative ethics commission shall, upon the termination of such
additional period or upon receipt of a new report by the commission on
ethics and lobbying in government after such additional investigation,
make public the written report and publish it on the commission's
website. If the legislative ethics commission fails to make public the
written report received from the commission on ethics and lobbying in
government in accordance with this paragraph, the commission on ethics
and lobbying in government shall release such report publicly promptly
and in any event no later than ten days after the legislative ethics
commission is required to release such report. The legislative ethics
commission shall not refer the matter back to the commission on ethics
and lobbying in government for additional investigation more than once.
If the commission refers the matter back to the commission on ethics and
lobbying in government for additional fact-finding, the commission on
ethics and lobbying in government's original report shall remain
confidential.
10. Upon receipt of a written report from the commission on ethics and
lobbying in government pursuant to subdivision fourteen-a of section
seventy-three of the public officers law, the legislative ethics
commission shall commence its review of the matter addressed in such
report. No later than ninety days after receipt of such report, the
legislative ethics commission shall dispose of the matter by making one
or more of the following determinations:
a. whether the legislative ethics commission concurs with the
commission on ethics and lobbying in government's conclusions of law and
the reasons therefor;
b. whether and which penalties have been assessed pursuant to
applicable law or rule and the reasons therefor; and
c. whether further actions have been taken by the commission to punish
or deter the misconduct at issue and the reasons therefor.
The commission's disposition shall be reported in writing and
published on its website no later than ten days after such disposition
unless requested by a law enforcement agency to suspend the commission's
action because of an ongoing criminal investigation.
11. If the commission has a reasonable basis to believe that any
person subject to the jurisdiction of another state oversight body may
have violated section seventy-three or seventy-four of the public
officers law, section one hundred seven of the civil service law, or
article one-A of this chapter, it shall refer such violation to such
oversight body unless the commission determines that such a referral
would compromise the prosecution or confidentiality of its proceedings
and, if so, shall make such a referral as soon as practicable. The
referral by the commission shall include any information relating
thereto coming into the custody or under the control of the commission
at any time prior or subsequent to the time of the referral.
12. a. Notwithstanding the provisions of article six of the public
officers law, the only records of the commission which shall be
available for public inspection and copying are:
(1) the terms of any settlement or compromise of a complaint or
referral or report which includes a fine, penalty or other remedy
reached after the commission has received a report from the commission
on ethics and lobbying in government pursuant to section ninety-four of
the executive law;
(2) generic advisory opinions;
(3) all reports required by this section; and
(4) all reports received from the commission on ethics and lobbying in
government pursuant to section ninety-four of the executive law and in
conformance with paragraph (b) of subdivision nine of this section.
b. Notwithstanding the provisions of article seven of the public
officers law, no meeting or proceeding of the commission shall be open
to the public, except if expressly provided otherwise by this section or
the commission.
13. Within one hundred twenty days of the effective date of this
subdivision, the commission shall create and thereafter maintain a
publicly accessible website which shall set forth the procedure for
filing a complaint with the commission on ethics and lobbying in
government, and which shall contain any other records or information
which the commission determines to be appropriate.
14. This section shall not revoke or rescind any policies, rules,
regulations or advisory opinions issued by the legislative ethics
committee in effect upon the effective date of this subdivision, to the
extent that such regulations or opinions are not inconsistent with any
laws of the state of New York. The legislative ethics commission shall
undertake a comprehensive review of all such policies, rules,
regulations or advisory opinions which will address the consistency of
such policies, rules, regulations or advisory opinions with the laws of
the state of New York. The legislative ethics commission shall, before
April first, two thousand eight, report to the governor and legislature
regarding such review and shall propose any regulatory changes and issue
any advisory opinions necessitated by such review.
15. Separability clause. If any part or provision of this section or
the application thereof to any person is adjudged by a court of
competent jurisdiction to be unconstitutional or otherwise invalid, such
judgment shall not affect or impair any other part or provision or the
application thereof to any other person, but shall be confined to such
part or provision.