S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7245
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to the removal and disci-
   pline of part-time teaching assistants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 3020-c
 to read as follows:
   § 3020-C. REMOVAL AND OTHER DISCIPLINARY ACTION OF PART-TIME  TEACHING
 ASSISTANTS.  1.    REMOVAL  AND  OTHER  DISCIPLINARY  ACTION. A TEACHING
 ASSISTANT EMPLOYED BY A PUBLIC SCHOOL DISTRICT OR A BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES LESS  THAN  FULL-TIME  IN  THE  UNCLASSIFIED  CIVIL
 SERVICE  WHO  SINCE  HIS OR HER LAST ENTRY INTO SERVICE HAS COMPLETED AT
 LEAST FIVE YEARS OF CONTINUOUS SERVICE IN THE UNCLASSIFIED CIVIL SERVICE
 SHALL NOT BE REMOVED OR OTHERWISE SUBJECTED TO ANY DISCIPLINARY  PENALTY
 PROVIDED  IN  THIS  SECTION  EXCEPT FOR INCOMPETENCY OR MISCONDUCT SHOWN
 AFTER A HEARING UPON STATED CHARGES PURSUANT TO THIS SECTION.
   2. PROCEDURE. AN EMPLOYEE WHO AT THE TIME OF QUESTIONING APPEARS TO BE
 A POTENTIAL SUBJECT OF DISCIPLINARY ACTION SHALL HAVE A RIGHT TO  REPRE-
 SENTATION  BY  HIS  OR HER CERTIFIED OR RECOGNIZED EMPLOYEE ORGANIZATION
 UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND SHALL BE NOTIFIED IN
 ADVANCE, IN WRITING, OF SUCH RIGHT. IF  REPRESENTATION  IS  REQUESTED  A
 REASONABLE  PERIOD  OF  TIME  SHALL BE AFFORDED TO OBTAIN SUCH REPRESEN-
 TATION. IF THE EMPLOYEE IS UNABLE  TO  OBTAIN  REPRESENTATION  WITHIN  A
 REASONABLE  PERIOD  OF  TIME THE EMPLOYER HAS THE RIGHT TO THEN QUESTION
 THE EMPLOYEE. A HEARING OFFICER UNDER THIS SECTION SHALL HAVE THE  POWER
 TO FIND THAT A REASONABLE PERIOD OF TIME WAS OR WAS NOT AFFORDED. IN THE
 EVENT THE HEARING OFFICER FINDS THAT A REASONABLE PERIOD OF TIME WAS NOT
 AFFORDED  THEN  ANY AND ALL STATEMENTS OBTAINED FROM SAID QUESTIONING AS
 WELL AS ANY EVIDENCE OR INFORMATION OBTAINED AS A RESULT OF  SAID  QUES-
 TIONING  SHALL  BE  EXCLUDED,  PROVIDED,  HOWEVER, THAT THIS SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11141-01-9

 A. 7245                             2
 
 SHALL NOT MODIFY OR REPLACE ANY WRITTEN COLLECTIVE AGREEMENT  BETWEEN  A
 PUBLIC EMPLOYER AND EMPLOYEE ORGANIZATION NEGOTIATED PURSUANT TO ARTICLE
 FOURTEEN  OF  THE  CIVIL  SERVICE  LAW. A PERSON AGAINST WHOM REMOVAL OR
 OTHER  DISCIPLINARY ACTION IS PROPOSED SHALL HAVE WRITTEN NOTICE THEREOF
 AND OF THE REASONS THEREFOR, SHALL BE FURNISHED A COPY  OF  THE  CHARGES
 PREFERRED  AGAINST  HIM  OR HER AND SHALL BE ALLOWED AT LEAST EIGHT DAYS
 FOR ANSWERING THE SAME IN WRITING. THE HEARING UPON SUCH  CHARGES  SHALL
 BE  HELD  BY  THE  OFFICER OR BODY HAVING THE POWER TO REMOVE THE PERSON
 AGAINST WHOM SUCH CHARGES ARE PREFERRED, OR BY A DEPUTY OR OTHER  PERSON
 DESIGNATED BY SUCH OFFICER OR BODY IN WRITING FOR THAT PURPOSE.  IN CASE
 A  DEPUTY  OR  OTHER  PERSON  IS SO DESIGNATED, HE OR SHE SHALL, FOR THE
 PURPOSE OF SUCH HEARING, BE VESTED WITH ALL THE POWERS OF  SUCH  OFFICER
 OR BODY AND SHALL MAKE A RECORD OF SUCH HEARING WHICH SHALL, WITH HIS OR
 HER  RECOMMENDATIONS, BE REFERRED TO SUCH OFFICER OR BODY FOR REVIEW AND
 DECISION. THE PERSON OR PERSONS HOLDING SUCH  HEARING  SHALL,  UPON  THE
 REQUEST  OF THE PERSON AGAINST WHOM CHARGES ARE PREFERRED, PERMIT HIM OR
 HER TO BE REPRESENTED BY COUNSEL, OR BY A REPRESENTATIVE OF A RECOGNIZED
 OR CERTIFIED EMPLOYEE ORGANIZATION, AND SHALL ALLOW HIM OR HER TO SUMMON
 WITNESSES IN HIS OR HER BEHALF. THE BURDEN OF  PROVING  INCOMPETENCY  OR
 MISCONDUCT  SHALL  BE UPON THE PERSON ALLEGING THE SAME. COMPLIANCE WITH
 TECHNICAL RULES OF EVIDENCE SHALL NOT BE REQUIRED.
   3. SUSPENSION PENDING DETERMINATION OF CHARGES; PENALTIES. PENDING THE
 HEARING AND DETERMINATION OF CHARGES OF INCOMPETENCY OR MISCONDUCT,  THE
 EMPLOYEE  AGAINST WHOM SUCH CHARGES HAVE BEEN PREFERRED MAY BE SUSPENDED
 WITHOUT PAY FOR A PERIOD NOT EXCEEDING THIRTY DAYS. IF SUCH EMPLOYEE  IS
 FOUND  GUILTY OF THE CHARGES, THE PENALTY OR PUNISHMENT MAY CONSIST OF A
 REPRIMAND, A FINE NOT TO EXCEED ONE HUNDRED DOLLARS TO BE DEDUCTED  FROM
 THE  SALARY OR WAGES OF SUCH OFFICER OR EMPLOYEE, SUSPENSION WITHOUT PAY
 FOR A PERIOD NOT EXCEEDING TWO MONTHS, DEMOTION IN GRADE AND  TITLE,  OR
 DISMISSAL  FROM  THE  SERVICE;  PROVIDED,  HOWEVER, THAT THE TIME DURING
 WHICH AN EMPLOYEE IS SUSPENDED WITHOUT PAY MAY BE CONSIDERED AS PART  OF
 THE  PENALTY.  IF HE OR SHE IS ACQUITTED, HE OR SHE SHALL BE RESTORED TO
 HIS OR HER POSITION WITH FULL PAY FOR THE PERIOD OF SUSPENSION LESS  THE
 AMOUNT  OF  ANY  UNEMPLOYMENT  INSURANCE  BENEFITS  HE  OR  SHE MAY HAVE
 RECEIVED DURING SUCH PERIOD. IF SUCH EMPLOYEE IS FOUND GUILTY, A COPY OF
 THE CHARGES, HIS OR HER WRITTEN ANSWER  THERETO,  A  TRANSCRIPT  OF  THE
 HEARING,  AND  THE  DETERMINATION  SHALL  BE  FILED IN THE OFFICE OF THE
 DEPARTMENT OR AGENCY IN WHICH HE OR SHE HAS BEEN EMPLOYED,  AND  A  COPY
 THEREOF  SHALL  BE FILED WITH THE CIVIL SERVICE COMMISSION HAVING JURIS-
 DICTION OVER SUCH POSITION. A COPY OF  THE  TRANSCRIPT  OF  THE  HEARING
 SHALL, UPON REQUEST OF THE OFFICER OR EMPLOYEE AFFECTED, BE FURNISHED TO
 HIM OR HER WITHOUT CHARGE.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO REMOVAL OR DISCIPLI-
 NARY  PROCEEDING  SHALL BE COMMENCED MORE THAN EIGHTEEN MONTHS AFTER THE
 OCCURRENCE OF THE ALLEGED INCOMPETENCY OR MISCONDUCT COMPLAINED  OF  AND
 DESCRIBED  IN  THE  CHARGES OR, PROVIDED, HOWEVER, THAT SUCH LIMITATIONS
 SHALL NOT APPLY WHERE THE INCOMPETENCY OR MISCONDUCT COMPLAINED  OF  AND
 DESCRIBED  IN  THE  CHARGES  WOULD,  IF PROVED IN A COURT OF APPROPRIATE
 JURISDICTION, CONSTITUTE A CRIME.
   § 2. This act shall take effect immediately.