NY State Senate Bill 2025-S1540

Current Bill Status - In Senate Committee Civil Service And Pensions 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2025	referred to civil service and pensions

2025-S1540 (ACTIVE) - Details

See Assembly Version of this Bill:: A3332
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A6162
2023-2024: S6478, A3760

2025-S1540 (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.

2025-S1540 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1540

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:

2023-2024: S.6478 - PASSED SENATE/ A. 3760 - referred to governmental
employees

2021-2022: A.6162 Referred to Governmental Employees

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1540 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1540
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 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]  SUCH  EMPLOYEE'S  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  within  a reasonable period of time the employer
 has the right to then question 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 questioning as well  as  any  evidence  or
 information  obtained as a result of said questioning shall be excluded,
 provided, however, that this subdivision 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04596-01-5

 S. 1540                             2
 
 shall  have written notice thereof and of the reasons therefor, shall be
 furnished a copy of the charges preferred against [him] SUCH PERSON  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] THEY 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] THEIR recommendations, be  referred
 to  such  officer  or body for review and decision.  NOTWITHSTANDING ANY
 OTHER PROVISIONS OF LAW TO THE CONTRARY, THE RECOMMENDATION OF THE HEAR-
 ING OFFICER IN RELATION TO ANY STATE EMPLOYEE WHO IS DESIGNATED  MANAGE-
 RIAL  OR  CONFIDENTIAL  UNDER  ARTICLE FOURTEEN OF THIS CHAPTER SHALL BE
 CONSIDERED FINAL AND NOT SUBJECT TO CHANGE OR MODIFICATION.  The  person
 or  persons  holding  such hearing shall, upon the request of the person
 against whom charges are preferred,  permit  [him]  SUCH  PERSON  to  be
 represented by counsel, or by a representative of a recognized or certi-
 fied  employee organization, and shall allow [him] SUCH PERSON to summon
 witnesses in [his] behalf OF SUCH PERSON. The burden of proving incompe-
 tency or misconduct shall be upon the person alleging the same.  Compli-
 ance with technical rules of evidence shall not be required.
   § 2. This act shall take effect immediately.

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Senate Bill S1540

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

2025-S1540 (ACTIVE) - Details

2025-S1540 (ACTIVE) - Summary

2025-S1540 (ACTIVE) - Sponsor Memo

2025-S1540 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1540

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

2025-S1540 (ACTIVE) - Details

2025-S1540 (ACTIVE) - Summary

2025-S1540 (ACTIVE) - Sponsor Memo

2025-S1540 (ACTIVE) - Bill Text download pdf

Comments