N.Y. JUD Law § 499-H — New York Code / Act JUD / Article 15-A / Section 499-H
Breach of confidentiality of commission information
Status: in_force

§ 499-h. Breach of confidentiality of commission information. 1. Any\nstaff member, employee or agent of the state commission on prosecutorial\nconduct who violates any of the provisions of section four hundred\nninety-nine-g of this article shall be subject to a reprimand, a fine,\nsuspension or removal by the commission.\n  2. Within ten days after the commission has acquired knowledge that a\nstaff member, employee or agent of the commission has or may have\nbreached the provisions of section four hundred ninety-nine-g of this\narticle, written charges against such staff member, employee or agent\nshall be prepared and signed by the chairman of the commission and filed\nwith the commission. Within five days after receipt of charges, the\ncommission shall determine, by a vote of the majority of all the members\nof the commission, whether probable cause for such charges exists. If\nsuch determination is affirmative, within five days thereafter a written\nstatement specifying the charges in detail and outlining his or her\nrights under this section shall be forwarded to the accused staff\nmember, employee or agent by certified mail. The commission may suspend\nthe staff member, employee or agent, with or without pay, pending the\nfinal determination of the charges. Within ten days after receipt of the\nstatement of charges, the staff member, employee or agent shall notify\nthe commission in writing whether he or she desires a hearing on the\ncharges. The failure of the staff member, employee or agent to notify\nthe commission of his or her desire to have a hearing within such period\nof time shall be deemed a waiver of the right to a hearing. If the\nhearing has been waived, the commission shall proceed, within ten days\nafter such waiver, by a vote of a majority of all the members of such\ncommission, to determine the charges and fix the penalty or punishment,\nif any, to be imposed as hereinafter provided.\n  3. Upon receipt of a request for a hearing, the commission shall\nschedule a hearing, to be held at the commission offices, within twenty\ndays after receipt of the request therefor, and shall immediately notify\nin writing the staff member, employee or agent of the time and place\nthereof.\n  4. The commission shall have the power to establish necessary rules\nand procedures for the conduct of hearings under this section. Such\nrules shall not require compliance with technical rules of evidence. All\nsuch hearings shall be held before a hearing panel composed of three\nmembers of the commission selected by the commission. Each hearing shall\nbe conducted by the chairperson of the panel who shall be selected by\nthe panel. The staff member, employee or agent shall have a reasonable\nopportunity to defend himself and to testify on his or her own behalf.\nHe or she shall also have the right to be represented by counsel, to\nsubpoena witnesses and to cross-examine witnesses. All testimony taken\nshall be under oath which the chairperson of the panel is hereby\nauthorized to administer. A record of the proceedings shall be made and\na copy of the transcript of the hearing shall, upon written request, be\nfurnished without charge to the staff member, employee or agent\ninvolved.\n  5. Within five days after the conclusion of a hearing, the panel shall\nforward a report of the hearing, including its findings and\nrecommendations, including its recommendations as to penalty or\npunishment, if one is warranted, to the commission and to the accused\nstaff member, employee or agent. Within ten days after receipt of such\nreport the commission shall determine whether it shall implement the\nrecommendations of the panel. If the commission shall determine to\nimplement such recommendations, which shall include the penalty or\npunishment, if any, of a reprimand, a fine, suspension for a fixed time\nwithout pay or dismissal, it shall do so within five days after such\ndetermination. If the charges against the staff member, employee or\nagent are dismissed, he or she shall be restored to his or her position\nwith full pay for any period of suspension without pay and the charges\nshall be expunged from his or her record.\n  6. The accused staff member, employee or agent may seek review of the\nrecommendation by the commission by way of a special proceeding pursuant\nto article seventy-eight of the civil practice law and rules.\n