S T A T E O F N E W Y O R K
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8481
I N S E N A T E
March 4, 2022
___________
Introduced by Sen. JACKSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the civil service law, in relation to independent hear-
ing officers for certain disciplinary hearings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York State firefighter bill of rights act".
§ 2. Section 75 of the civil service law is amended by adding a new
subdivision 2-a to read as follows:
2-A. INDEPENDENT HEARING OFFICER. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, INCLUDING BUT NOT LIMITED TO SUBDIVI-
SION FOUR OF SECTION SEVENTY-SIX OF THIS TITLE, ANY PAID OFFICER OR
MEMBER OF AN ORGANIZED FIRE COMPANY OR FIRE DEPARTMENT OF A CITY OF LESS
THAN ONE MILLION POPULATION, OR TOWN, VILLAGE OR FIRE DISTRICT WHO IS
REPRESENTED BY A CERTIFIED OR RECOGNIZED EMPLOYEE ORGANIZATION PURSUANT
TO ARTICLE FOURTEEN OF THIS CHAPTER SHALL NOT BE SUBJECTED TO THE PENAL-
TY OF DISMISSAL FROM SERVICE OR ANY OTHER DISCIPLINE IF THE HEARING,
UPON SUCH CHARGE, HAS BEEN CONDUCTED BY SOMEONE OTHER THAN AN INDEPEND-
ENT HEARING OFFICER TO BE AGREED TO BY THE EMPLOYER AND THE PERSON
AGAINST WHOM DISCIPLINARY ACTION IS PROPOSED. IF THE PARTIES ARE UNABLE
TO AGREE UPON A HEARING OFFICER, THE HEARING OFFICER SHALL BE SELECTED
FROM A LIST OF SEVEN NAMES TO BE PROVIDED BY THE PUBLIC EMPLOYMENT
RELATIONS BOARD. THE PUBLIC EMPLOYMENT RELATIONS BOARD SHALL MAINTAIN A
LIST OF INDEPENDENT HEARING OFFICERS FOR THIS PURPOSE. THE PARTIES SHALL
SELECT THE HEARING OFFICER BY ALTERNATELY STRIKING NAMES FROM THE LIST
OF SEVEN. THE HEARING OFFICER SHALL BE VESTED WITH ALL POWERS OF THE
APPOINTING AUTHORITY, SHALL CONDUCT AND MAKE A RECORD OF THE HEARING,
AND SHALL RENDER A FINAL DECISION. THE COST INCURRED IN OBTAINING SUCH
INDEPENDENT HEARING OFFICER SHALL BE DIVIDED EQUALLY BETWEEN THE
PARTIES; PROVIDED THAT AS MAY BE DETERMINED UPON THE CIRCUMSTANCES OF
THE CASE, THE HEARING OFFICER SHALL BE AUTHORIZED TO ALLOCATE SUCH COST
ON THE BASIS OF THE FRIVOLOUS NATURE OF ANY CLAIM MADE OR ANY DEFENSE
INTERPOSED. IN ORDER TO FIND A CLAIM OR DEFENSE TO BE FRIVOLOUS, THE
HEARING OFFICER MUST FIND AT LEAST ONE OF THE FOLLOWING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14590-02-2
S. 8481 2
(I) THE CLAIM OR DEFENSE WAS COMMENCED, USED OR CONTINUED IN BAD
FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE ACTION OR TO
HARASS OR MALICIOUSLY INJURE ANOTHER; OR
(II) THE CLAIM OR DEFENSE WAS COMMENCED OR CONTINUED IN BAD FAITH
WITHOUT ANY REASONABLE BASIS IN LAW OR FACT. IF THE CLAIM OR DEFENSE WAS
PROMPTLY DISCONTINUED WHEN THE PARTY LEARNED OR SHOULD HAVE LEARNED THAT
THE CLAIM OR DEFENSE LACKED SUCH REASONABLE BASIS, THE HEARING OFFICER
MAY FIND THAT THE PARTY DID NOT ACT IN BAD FAITH. A PERSON SERVED WITH
CHARGES MAY THEN, HOWEVER, ELECT IN WRITING TO PROCEED WITH A HEARING
PURSUANT TO THE PROCEDURES ESTABLISHED IN SUBDIVISION TWO OF THIS
SECTION IN LIEU OF THE PROCEDURES SET FORTH IN THIS SUBDIVISION.
(B) THE RIGHTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
IN ADDITION TO, AND SHALL NOT SUPPLANT, MODIFY OR REPLACE ANY RIGHTS
PROVIDED TO AN EMPLOYEE PURSUANT TO AGREEMENTS NEGOTIATED BY A PUBLIC
EMPLOYER AND AN EMPLOYEE ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF
THIS CHAPTER, OR PURSUANT TO ANY OTHER PROVISION OF LAW, INCLUDING BUT
NOT LIMITED TO OTHER PROVISIONS OF THIS SECTION.
§ 3. Subdivision 4 of section 201 of the civil service law, as amended
by chapter 606 of the laws of 1992, is amended to read as follows:
4. The term "terms and conditions of employment" means:
(A) salaries, wages, hours and other terms and conditions of employ-
ment provided, however, that such term shall not include any benefits
provided by or to be provided by a public retirement system, or payments
to a fund or insurer to provide an income for retirees, or payment to
retirees or their beneficiaries. No such retirement benefits shall be
negotiated pursuant to this article, and any benefits so negotiated
shall be void.
(B) IN ADDITION, THE TERMS AND CONDITIONS OF EMPLOYMENT FOR FIREFIGHT-
ERS SHALL INCLUDE DISCIPLINE AND DISCIPLINARY PROCEDURES INCLUDING
ALTERNATIVES TO ANY STATUTORY DISCIPLINARY SYSTEM, PROVIDED, HOWEVER,
THAT ANY RIGHT OF FIREFIGHTERS UNDER THE TERMS OF ANY STATE LAW TO ELECT
COVERAGE UNDER EITHER A STATUTORY DISCIPLINARY SYSTEM OR A DISCIPLINARY
SYSTEM ESTABLISHED BY COLLECTIVE NEGOTIATIONS SHALL NOT BE IMPAIRED,
UNLESS ANY SUCH STATE LAW AUTHORIZES EXCLUSIVITY OF A NEGOTIATED DISCI-
PLINARY SYSTEM AND PROVIDED FURTHER THAT NO PROVISION CONTAINED IN THE
TOWN LAW, GENERAL CITY LAW, SECOND CLASS CITIES LAW, GENERAL MUNICIPAL
LAW, MUNICIPAL HOME RULE LAW, COUNTY LAW, OR OTHER STATE, LOCAL, SPECIAL
LAW OR CHARTER PROVISION, OR ANY SPECIAL POLICE ACT OR OTHER SPECIAL ACT
CREATED BY LOCAL LAW OR CHARTER OR OTHERWISE CREATED, OR THIS CHAPTER
SHALL PREVENT OR IMPAIR THE RIGHT TO COLLECTIVE BARGAINING FOR OR
MODIFICATION OF DISCIPLINARY PROCEDURES.
§ 4. Section 204-a of the civil service law is amended by adding a new
subdivision 4 to read as follows:
4. THE TERMS OF ANY CURRENT OR EXPIRED AGREEMENT OR INTEREST ARBI-
TRATION AWARD BETWEEN ANY PUBLIC EMPLOYER AND ANY PUBLIC EMPLOYEE ORGAN-
IZATION REPRESENTING FIREFIGHTERS RELATING TO THE DISCIPLINE OF ANY
FIREFIGHTERS SHALL BE DEEMED VALID AND ENFORCEABLE FROM THE EFFECTIVE
DATE OF THIS SUBDIVISION.
§ 5. This act shall take effect on the first of March next succeeding
the date on which it shall have become a law and shall apply to
proceedings commenced on or after such effective date. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of the provisions of this act on its
effective date are authorized to be made and completed on or before such
effective date.
