N.Y. Judiciary Law § 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.