S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6162
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to hearing procedures
   for certain public employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 75 of the civil  service  law,  as
 amended  by  chapter  226  of  the  laws  of 1994, is amended to read as
 follows:
   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 this chapter and shall be notified in advance,
 in writing, of such right. A state employee who is designated managerial
 or confidential under article fourteen of this chapter,  shall,  at  the
 time  of questioning, where it appears that such employee is a potential
 subject of disciplinary action, have a right to representation 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
 representation. If the employee is unable to obtain representation with-
 in a reasonable period of time the employer has the right to then  ques-
 tion  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  ques-
 tioning  as  well as any evidence or information obtained as a result of
 said questioning shall be excluded, provided, however, that this  subdi-
 vision  shall  not  modify  or  replace any written collective agreement
 between a public employer and employee organization negotiated  pursuant
 to  article  fourteen  of this chapter. A person against whom removal or
 other disciplinary action is proposed shall have written notice  thereof

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10251-01-1

 A. 6162                             2
 
 and  of  the  reasons therefor, shall be furnished a copy of the charges
 preferred against him 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 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  recommenda-
 tions,  be  referred  to  such  officer or body for review and decision.
 NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE  RECOM-
 MENDATION  OF  THE HEARING OFFICER IN RELATION TO ANY STATE EMPLOYEE WHO
 IS DESIGNATED MANAGERIAL OR CONFIDENTIAL UNDER ARTICLE FOURTEEN OF  THIS
 CHAPTER SHALL BE CONSIDERED FINAL AND NOT SUBJECT TO CHANGE OR MODIFICA-
 TION. The person or persons holding such hearing shall, upon the request
 of  the  person  against  whom  charges  are preferred, permit him to be
 represented by counsel, or by a representative of a recognized or certi-
 fied employee organization, and shall allow him to summon  witnesses  in
 his  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.
   § 2. This act shall take effect immediately.