New York State Assembly

Assembly Minority Leader Brian Kolb (R,C,I-Canandaigua) today joined his fellow members of the Minority Conference to support two significant pieces of legislation aimed at addressing public corruption and improved accountability from legislative leaders. The bills would remove pensions from individuals convicted of public corruption crimes, and institute term limits for legislative leaders and committee chairs.

Both Minority-sponsored bills were considered by the Assembly Committees today. However, the Majority-led committees held up both pieces of anti-corruption legislation, eliminating the possibility of a debate or vote on the Assembly floor.

"The time to walk-the-walk on public corruption is long overdue. We have proposed two initiatives that directly target the public corruption issue every legislator claims they are trying to address. The Majority's decision to delay the process isn't only curious - it's irresponsible," Leader Kolb said. "Public officials who betray the trust of their constituents should be stripped of taxpayer-funded pensions - that's just common sense. Putting term limits on legislative leaders facilitates new ideas, encourages fresh perspectives, and eliminates the perception of 'absolute power' in Albany. I am proud to represent a Conference that is actually being a part of the solution, rather than an ongoing part of the problem."

Pension Forfeiture (A.4935, Stec)

The Assembly Governmental Employees Committee today refused to move forward with Minority-sponsored legislation (A.4935, Stec) that calls for the removal of pension and retirement benefits from individuals convicted of felony offenses directly related to their assigned duties while serving as elected officials or officers of the state.

The "Public Integrity Reform Act of 2011" allowed for the forfeiture of pensions for public officials convicted of felony offenses, but applied to only those who entered office after the law took effect in November 2011. The reason for this is that the New York State Constitution Article 5; Section 7, prohibits the pension benefits of current public employees from being diminished or impaired.

As part of his legislation, Assemblyman Daniel Stec (R,C,I-Queensbury) has proposed a Constitutional Amendment that would make all public officials subject to pension forfeiture upon conviction, regardless of when they entered office. This bill has been introduced in the Assembly since 2010, but has been has never made it out of the Governmental Employees Committee.

Term Limits for Leaders (A.1571, Kolb)

The Assembly Governmental Operations Committee today also held legislation (A.1571, Kolb) that limits the time any Assembly Member or Senator may serve as a legislative leader or committee chair to no more than four consecutive two-year terms.

This bill has been introduced in the Assembly since 2009, but has never made it out of the Governmental Operations Committee. The purpose would be to provide fresh perspectives from legislators, allow a more open exchange of ideas and limit the accumulation of power from long tenures of holding the same leadership position.

In addition to calling for leadership term limits, Leader Kolb is the only legislative leader who does not receive outside income from other employment, who represents Upstate New York and who has successfully owned and operated a business.

Assemblyman Stec said, "I am disheartened that the Assembly Majority chose to bury my legislation stripping elected officials of their state pension if they are convicted of a felony. It's clear that the current system is broken and that our residents deserve better than having their hard-earned tax dollars going towards funding a cushy retirement for politicians who have abused the public trust."

Assemblywoman Nicole Malliotakis (R,C,I-Brooklyn, Staten Island), the Minority Ranker on the Governmental Employees Committee said, "With elected officials throughout the state behind bars and more facing criminal charges, it is deplorable that any legislator could oppose such a common-sense, anti-corruption measure. Taxpayers cannot be expected to fund the retirement of a corrupt official who has betrayed the public trust. The public is tired of business as usual at the Capitol, and unfortunately, this is a prime example of the 'Bad Old Days' in Albany."

Assemblywoman Janet Duprey (R,I-Peru), the Minority Ranker on the Governmental Operations Committee said, "I support a state constitutional amendment that would ensure public officials who are convicted of a felony would lose their pensions. Convicted felons should not be entitled to taxpayer-funded retirement benefits. Every effort must be taken to end political corruption, and this proposed constitutional amendment would allow voters to send a strong message to their elected officials."