A 764: Requires each municipality having a population of five hundred thousand persons or more to establish an office of the inspector general for such municipality.

  
  STATE OF NEW YORK ________________________________________________________________________ 764 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Local Governments AN ACT to amend the general municipal law, in relation to municipal offices of the inspector general The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general municipal law is amended by adding a new arti- 2 cle 4-A to read as follows: 3 ARTICLE 4-A 4 OFFICE OF THE INSPECTOR GENERAL 5 Section 60. Establishment and organization. 6 61. Functions and duties. 7 62. Powers. 8 63. Responsibilities of the municipality and its officers and 9 employees. 10 § 60. Establishment and organization. 1. No later than one year after 11 the effective date of this section, each municipality having a popu- 12 lation of five hundred thousand persons or more shall establish an 13 office of the inspector general for such municipality. The head of the 14 office shall be the inspector general who shall be appointed by the 15 governing body of the municipality. 16 2. The inspector general shall hold office for an initial period of 17 four years and until the inspector general's successor is appointed and 18 has qualified. 19 3. The inspector general shall report to the secretary to the govern- 20 ing body of the municipality. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00350-01-5 
 A. 764 2 1 4. The salary of the inspector general shall be established by the 2 governing body of the municipality within the limit of funds available 3 therefor. 4 § 61. Functions and duties. The inspector general shall have the 5 following duties and responsibilities: 6 1. receive and investigate complaints from any source, or upon the 7 inspector general's own initiative, concerning allegations of 8 corruption, fraud, criminal activity, conflicts of interest or abuse in 9 any department, office or agency of the municipality; 10 2. determine with respect to such allegations whether disciplinary 11 action, civil or criminal prosecution, or further investigation by an 12 appropriate federal, state or local agency is warranted, and to assist 13 in such investigations; 14 3. prepare and release to the public written reports of such investi- 15 gations, as appropriate and to the extent permitted by law, subject to 16 redaction to protect the confidentiality of witnesses. The release of 17 all or portions of such reports may be deferred to protect the confiden- 18 tiality of ongoing investigations; 19 4. review and examine periodically the policies and procedures of the 20 departments, offices and agencies of the municipality with regard to the 21 prevention and detection of corruption, fraud, criminal activity, 22 conflicts of interest or abuse; 23 5. recommend remedial action to prevent or eliminate corruption, 24 fraud, criminal activity, conflicts of interest or abuse in the depart- 25 ments, offices or agencies of the municipality; 26 6. establish programs for training municipal officers and employees in 27 regard to the prevention and elimination of corruption, fraud, criminal 28 activity, conflicts of interest or abuse in the departments, offices and 29 agencies of the municipality; and 30 7. make an annual report to the mayor, the comptroller and the govern- 31 ing body of the municipality concerning its work during the preceding 32 year. Such report shall include but not be limited to the number of 33 cases investigated, and the number of complaints received. Such initial 34 report shall be due no later than the first day of April two thousand 35 twenty-seven, and then by the first day of April each year thereafter. 36 Such report shall be made public and published on the website of the 37 office of the inspector general and on the website of the municipality. 38 § 62. Powers. The inspector general shall have the power to: 39 1. subpoena and enforce the attendance of witnesses; 40 2. administer oaths or affirmations and examine witnesses under oath; 41 3. require the production of any books and papers deemed relevant or 42 material to any investigation, examination or review; 43 4. notwithstanding any law to the contrary, examine and copy or remove 44 documents or records of any kind prepared, maintained or held by any 45 department, office or agency of the municipality; 46 5. require any municipal officer or employee to answer questions 47 concerning any matter related to the performance of such person's offi- 48 cial duties. No statement or other evidence derived therefrom may be 49 used against such officer or employee in any subsequent criminal prose- 50 cution other than for perjury or contempt arising from such testimony. 51 The refusal of any officer or employee to answer questions shall be 52 cause for removal from office or employment or other appropriate penal- 53 ty; 54 6. monitor the implementation by the municipality of any recommenda- 55 tions made by the inspector general; and 
 A. 764 3 1 7. perform any other functions that are necessary or appropriate to 2 fulfill the duties and responsibilities of the office. 3 § 63. Responsibilities of the municipality and its officers and 4 employees. 1. Every officer or employee of the municipality shall report 5 promptly to the inspector general any information concerning corruption, 6 fraud, criminal activity, conflicts of interest or abuse by another 7 officer or employee relating to such person's office or employment, or 8 by a person having business dealings with the municipality relating to 9 those dealings. The knowing failure of any officer or employee to so 10 report shall be cause for removal from office or employment or other 11 appropriate penalty under this article. Any officer or employee who acts 12 pursuant to this subdivision by reporting to the inspector general or 13 other appropriate law enforcement official improper governmental action 14 as defined in section seventy-five-b of the civil service law shall not 15 be subject to dismissal, discipline or other adverse personnel action. 16 2. The inspector general shall advise the mayor and the governing body 17 of the municipality within ninety days of the issuance of a report by 18 the inspector general as to the remedial action that the municipality 19 has taken in response to any recommendation for such action contained in 20 such report. 21 § 2. This act shall take effect immediately.