NY Jud L § 499-H (2021)
2021 New York Laws JUD - Judiciary Article 15-A - State Commission on Prosecutorial Conduct 499-H - Breach of Confidentiality of Commission Information.

§  499-h.  Breach of confidentiality of commission information. 1. Any   staff member, employee or agent of the state commission on prosecutorial   conduct who violates any of  the  provisions  of  section  four  hundred   ninety-nine-g  of  this article shall be subject to a reprimand, a fine,   suspension or removal by the commission.2. Within ten days after the commission has acquired knowledge that  a   staff  member,  employee  or  agent  of  the  commission has or may have   breached the provisions of section four hundred  ninety-nine-g  of  this   article,  written  charges  against such staff member, employee or agent   shall be prepared and signed by the chairman of the commission and filed   with the commission. Within five days  after  receipt  of  charges,  the   commission shall determine, by a vote of the majority of all the members   of  the  commission,  whether probable cause for such charges exists. If   such determination is affirmative, within five days thereafter a written   statement specifying the charges in detail  and  outlining  his  or  her   rights  under  this  section  shall  be  forwarded  to the accused staff   member, employee or agent by certified mail. The commission may  suspend   the  staff  member,  employee or agent, with or without pay, pending the   final determination of the charges. Within ten days after receipt of the   statement of charges, the staff member, employee or agent  shall  notify   the  commission  in  writing  whether he or she desires a hearing on the   charges. The failure of the staff member, employee or  agent  to  notify   the commission of his or her desire to have a hearing within such period   of  time  shall  be  deemed  a  waiver of the right to a hearing. If the   hearing has been waived, the commission shall proceed, within  ten  days   after  such  waiver,  by a vote of a majority of all the members of such   commission, to determine the charges and fix the penalty or  punishment,   if any, to be imposed as hereinafter provided.3.  Upon  receipt  of  a  request  for a hearing, the commission shall   schedule a hearing, to be held at the commission offices, within  twenty   days after receipt of the request therefor, and shall immediately notify   in  writing  the  staff  member, employee or agent of the time and place   thereof.4. The commission shall have the power to  establish  necessary  rules   and  procedures  for  the  conduct  of hearings under this section. Such   rules shall not require compliance with technical rules of evidence. All   such hearings shall be held before a hearing  panel  composed  of  three   members of the commission selected by the commission. Each hearing shall   be  conducted  by  the chairperson of the panel who shall be selected by   the panel. The staff member, employee or agent shall have  a  reasonable   opportunity  to  defend himself and to testify on his or her own behalf.   He or she shall also have the right to be  represented  by  counsel,  to   subpoena  witnesses  and to cross-examine witnesses. All testimony taken   shall be under oath  which  the  chairperson  of  the  panel  is  hereby   authorized  to administer. A record of the proceedings shall be made and   a copy of the transcript of the hearing shall, upon written request,  be   furnished  without  charge  to  the  staff  member,  employee  or  agent   involved.5. Within five days after the conclusion of a hearing, the panel shall   forward  a  report  of  the  hearing,   including   its   findings   and   recommendations,   including   its  recommendations  as  to  penalty  or   punishment, if one is warranted, to the commission and  to  the  accused   staff  member,  employee or agent. Within ten days after receipt of such   report the commission shall determine whether  it  shall  implement  the   recommendations  of  the  panel.  If  the  commission shall determine to   implement such recommendations,  which  shall  include  the  penalty  or   punishment,  if any, of a reprimand, a fine, suspension for a fixed time   without pay or dismissal, it shall do so within  five  days  after  such    determination.  If  the  charges  against  the staff member, employee or   agent are dismissed, he or she shall be restored to his or her  position   with  full  pay for any period of suspension without pay and the charges   shall be expunged from his or her record.6.  The accused staff member, employee or agent may seek review of the   recommendation by the commission by way of a special proceeding pursuant   to article seventy-eight of the civil practice law and rules.