NY State Senate Bill 2023-S6478

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2024	referred to governmental employees delivered to assembly passed senate
Feb 28, 2024	advanced to third reading
Feb 27, 2024	2nd report cal.
Feb 26, 2024	1st report cal.508
Jan 03, 2024	referred to civil service and pensions
Jun 10, 2023	committed to rules
May 22, 2023	advanced to third reading
May 18, 2023	2nd report cal.
May 17, 2023	1st report cal.1059
Apr 21, 2023	referred to civil service and pensions

Votes

- May 30, 2024 - Floor Vote
  S6478
  
  57
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2024
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Felder
      
      Myrie
      
      Thomas
      
      Walczyk
  Feb 26, 2024 - Civil Service And Pensions Committee Vote
  S6478
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Feb 26, 2024
      
      aye (6)
      
      Addabbo Jr.
      
      Chu
      
      Jackson
      
      Mattera
      
      Scarcella-Spanton
      
      Weik
      
      excused (1)
      
      Gounardes
  May 17, 2023 - Civil Service And Pensions Committee Vote
  S6478
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 17, 2023
      
      aye (6)
      
      Addabbo Jr.
      
      Chu
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Scarcella-Spanton
      
      aye wr (1)
      
      Weik

2023-S6478 (ACTIVE) - Details

See Assembly Version of this Bill:: A3760
Current Committee:: Assembly Governmental Employees
Law Section:: Civil Service Law
Laws Affected:: Amd §75, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: A6162

2023-S6478 (ACTIVE) - Summary

Relates to hearing procedures for certain public employees; provides that the recommendation of a hearing officer in relation to designated managerial and confidential employees shall be considered final and not subject to change or modification.

2023-S6478 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6478

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil service law, in relation to hearing procedures
for certain public employees

 
PURPOSE:

This bill provides that the decision of the hearing officer for disci-
plinary action against certain public employees shall be final and not
subject to change or modification.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of Section 75 of the Civil Service Law to
provide that decisions in disciplinary hearings against state employees
designated managerial or confidential will be final and not subject to
change or modification by the employer.

Section 2 is the effective date.

 
JUSTIFICATION:

The purpose of this bill is to ensure an impartial and fair due process
hearing for state employees designated managerial or confidential.
Unlike other state employees, managerial and confidential employees do
not have a collective bargaining agreement, which often contains
protections against overly aggressive disciplinary actions taken by an
employer.

Under the present provisions of Section 75 of the Civil Service Law,
individuals who have attained permanent appointment as employees under
the jurisdiction of the Civil Service Law may be removed from their
positions or have other disciplinary actions taken (i.e., suspension
without pay, demotion from grade and title) after a hearing held before
the officer or body who has brought the charge's.  The employer may
reject the hearing officer's decision and impose its own sanctions,
including termination, upon the employee. The employing officer or body
therefore becomes both the prosecutor and the judge of the permanent
employee's actions.

This bill is needed to prevent such situations, It is unjust for manage-
rial or confidential employees to be at the mercy of the employer even
if the hearing officer rules in the employee's favor.  This bill would
provide a fairer procedure in which the hearing is before an impartial
hearing officer. The hearing officer would hear the case and determine
the appropriate penalty, if any. Such a system would give both the
employer and the employee a fair opportunity to present their respective
sides of the case and allow for impartial adjudications.

 
LEGISLATIVE HISTORY:

2021-2022: A.6162 - Referred to Governmental Employees

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6478 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6478
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2023
                                ___________
 
 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 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

 S. 6478                             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.

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Senate Bill S6478

Sponsored By

Current Bill Status - In Assembly Committee

May 30, 2024 - Floor Vote

Floor Vote: May 30, 2024

Feb 26, 2024 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: Feb 26, 2024

May 17, 2023 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: May 17, 2023

2023-S6478 (ACTIVE) - Details

2023-S6478 (ACTIVE) - Summary

2023-S6478 (ACTIVE) - Sponsor Memo

2023-S6478 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6478

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Sponsored By

Robert Jackson

Current Bill Status - In Assembly Committee

2023-S6478 (ACTIVE) - Details

2023-S6478 (ACTIVE) - Summary

2023-S6478 (ACTIVE) - Sponsor Memo

2023-S6478 (ACTIVE) - Bill Text download pdf

Comments