S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3760
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- 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.
                                                            LBD07852-01-3
              

 A. 3760                             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.