BILL NUMBER:S4084

TITLE OF BILL:  An act to repeal paragraph (b) of subdivision 2 of
section 75-b of the civil service law, in relation to enacting the
"public employee whistleblower protection act"

PURPOSE OR GENERAL IDEA OF BILL:  To remove the requirement that
public employee whistleblowers first notify their supervisors of the
improper activity, in order to protect employees where it is the
supervisors themselves who are engaged in the improper activity which
the whistleblower seeks to report.

SUMMARY OF SPECIFIC PROVISIONS:  Paragraph (b) of subdivision 2 of
section 75-b of the civil service law is repealed.

JUSTIFICATION:  A public employee is required to make a good faith
effort to first disclose to his or her appointing authority or
designee information regarding an alleged violation of the law or
improper government activity under the current "whistleblower law."
However, this requirement fails to address cases where the employee's
superior or another senior administrator may be involved in unethical
activity, making reporting ill advised. According to the Commission on
Public Integrity, over the years there have been cases where state
employees requested anonymity when reporting unethical conduct to
avoid retaliation, have refused to cooperate with investigations out
of fear of reprisal or, at least in one reported case, been summarily