Senate Bill S6478

2023-2024 Legislative Session

Relates to hearing procedures for certain public employees

download bill text pdf

Sponsored By

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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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

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
              

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