Res. No. 1371
Resolution calling on New York State to create the Office of the Special Prosecutor, which would have the authority to independently investigate and issue indictments to all State and City employees for alleged malfeasance, misfeasance, and nonfeasance.
By Council Members Mendez, Barron, Williams, Dromm, Gentile, Rose, Wills, Rodriguez, Mark-Viverito and Halloran
Whereas, According to the United States Census Bureau, there were 891,747 full-time and 220,356 part-time public employees in New York State during 2010, including more than 300,000 New York City employees; and
Whereas, The New York State Office of the Inspector General is entrusted with the responsibility of ensuring that state government employees meet the highest standard of accountability for their public service; and
Whereas, The New York City Department of Investigation is charged with overseeing New York City's municipal workforce and conducts investigations and refers criminal cases of fraud, corruption and unethical conduct by City employees to the City's district attorneys; and
Whereas, It is imperative that all public employees are held to the highest ethical standards to preserve the public's trust; and
Whereas, Although both the State and City have agencies and entities that investigate cases of misconduct and prosecute public employees alleged to have committed fraud and corruption, New York State does not have an independent prosecutor who is granted the authority to issue indictments to public employees suspected of misconduct; and
Whereas, New York State should create the Office of the Special Prosecutor, which would have the authority to act autonomously and prosecute all individuals employed by New York State or the localities therein who are alleged to have committed malfeasance, misfeasance, or nonfeasance; and
Whereas, The Office of the Special Prosecutor would have jurisdiction over all State and City agencies, including municipal law enforcement, such as the New York City Police Department; and
Whereas, Creating the Office of the Special Prosecutor would promote public confidence in the justice system by assuring that our State and City employees are held accountable for misconduct; now, therefore, be it
Resolved, That the Council of the City of New York calls on New York State to create the Office of the Special Prosecutor, which would have the authority to independently investigate and issue indictments to all State and City employees for alleged malfeasance, misfeasance, and nonfeasance.
WJH
LS 3386
5/16/12