Revokes the public pension of a public officer who stands convicted on an impeachment; applies retroactively.
Summary
Bill A03188 proposes an amendment to the New York State Constitution that allows for the revocation of public pensions for public officers who are convicted of felonies related to their duties. The bill specifies that such pensions can be reduced or revoked following a court hearing, which will consider the severity of the crime and its relationship to the officer's duties. Additionally, the bill includes provisions for the revocation of pensions for public officers impeached, applying retroactively to those convicted before the amendment's effective date.
Impact
If passed, this bill would significantly alter the protections currently afforded to public officers regarding their pensions, allowing for legal action to diminish or revoke these benefits in cases of felony convictions or impeachment. This change would affect various public officers, including elected officials and appointed positions within state and local governments, thereby impacting the financial security of these individuals in the event of criminal conduct.
Sentiment
The general sentiment surrounding Bill A03188 appears to be supportive among proponents who argue it promotes accountability among public officials. However, there may be concerns from opponents regarding the fairness and potential for abuse in the revocation process, particularly concerning the retroactive application of the law.
Contention
Notable points of contention include the retroactive application of pension revocation for impeached officials, which some may argue could be unjust. Additionally, there may be debates regarding the criteria used by courts to determine the severity of crimes and the proportionality of pension reductions, raising concerns about the potential for inconsistent applications of the law.
Relating to the impeachment or removal from office of certain public officers, including procedures governing the impeachment, trial on impeachment, and disqualification of state officers, and to the grounds for which certain public officers may be removed from office.
Relating to the impeachment or removal from office of certain public officers, including procedures governing the impeachment, trial on impeachment, and disqualification of state officers, and to the grounds for which certain public officers may be removed from office.
Requires public officer or employee forfeit pension upon conviction of certain crimes; alters factors determining honorable service; opens pension to garnishment upon conviction of certain offenses.
An Act Concerning Pension Revocation Or Reduction For Public Officials And State Or Municipal Employees Convicted Of Crimes Related To State Or Municipal Office.
Authorizes the state retirement board to revoke or reduce an individual’s pension benefit if that individual is convicted or pleads guilty or no contest to a felony sex crime related to their public office or public employment.
Authorizes the state retirement board to revoke or reduce an individual’s pension benefit if that individual is convicted or pleads guilty or no contest to a felony sex crime related to their public office or public employment.
Prohibits the naming of state buildings after a public officer during the period in which that person is a public officer or after a public officer who has been convicted of a felony.
Prohibits the naming of state buildings after a public officer during the period in which that person is a public officer or after a public officer who has been convicted of a felony.