NY State Senate Bill 2025-S5255

Senate Bill S5255

2025-2026 Legislative Session

Relates to procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 20, 2025	referred to civil service and pensions

2025-S5255 (ACTIVE) - Details

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:: 2019-2020: S5205
2021-2022: S2891
2023-2024: S1039, S8230

2025-S5255 (ACTIVE) - Summary

Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees not in the service of the city of New York, including the fees to be paid for such hearing officer; provides for suspension, with pay, pending the determination.

2025-S5255 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5255

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

Provides for procedures to be followed in appointing a hearing officer
for removal and disciplinary action against certain public employees.

 
SUMMARY OF PROVISIONS:

Sections I, 2, and 3 amend Section 75 of the Civil Service Law to
provide that disciplinary hearings against individual employees not in
the service of the City of New York shall be held by a hearing officer
who is a member of the American Arbitration Association, selected by the
mutual agreement of the parties involved. The decision of the hearing
officer will be required to be implemented by the employer. In addition,
this legislation provides that such employees may be suspended with pay

during such disciplinary action.  The bill maintains current discipli-
nary hearing procedures for individual employees in the service of the
City of New York.

Section 4 is the effective date.

 
JUSTIFICATION:

The purpose of this bill is to ensure an impartial and fair due process
hearing for permanent non-New York City government employees who are the
subject of disciplinary charges as outlined in Section 75 of the Civil
Service Law. The bill maintains existing disciplinary process for New
York City employees, however, due to the decades-long success that the
Trials Division of the New York City Office of Administrative Trials and
Hearings (OATH) has had in adjudicating these cases within its jurisdic-
tion and the corpus of case law it has established by its rulings.

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 charges.  The employing officer
or body therefore becomes both the prosecutor and the judge of the
permanent employees actions.

This bill would provide a more fair procedure in which the hearing is
before an impartial arbitrator selected upon mutual agreement of the
parties from a list maintained for this purpose by the public employment
relations board. 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 adjudication.

In addition, by protecting civil service employees from being suspended
without pay during such procedures, this bill conforms to disciplinary
hearing procedures brought against tenured teachers pursuant to Section
3020A of the Education Law, thus ensuring the same due process for civil
service employees.

 
LEGISLATIVE HISTORY:

2024: S8230 - REPORTED AND COMMITTED TO FINANCE/ A8915 - referred to
governmental employees

2023: S1039-A/ A3748A - Vetoed by the Governor - Memo 129

2021-2022: S.2891-A - Referred to Civil Service and Pensions/A.4784-A
Referred to Governmental Employees

2020: S.5205-B - Amend and Recommit to Civil Service and
Pensions/A.7624-B Amend and Recommit to Governmental Employees referred
to Civil Service and Pensions

2019: S.5205-A Passed the Senate/A.7624-A - Died in Assembly

2011-2012: A.5743 - Referred to Codes

2009-2010: A.9983 - Referred to Codes

2005-2006: S.1171 - Referred to Civil Service and Pensions/A.4369 -
Referred to Governmental Employees

2003-2004: S.5371 - Referred to Civil Service & Pensions/A.6957 -
Referred to Governmental Employees

 
STATE AND LOCAL FISCAL IMPLICATIONS:  None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5255 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5255
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 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  and  paragraph  (a) of subdivision 2-a of
 section 75 of the civil service law, subdivision 2 as amended by chapter
 226 of the laws of 1994 and paragraph (a) of subdivision 2-a as added by
 chapter 674 of the laws of 2022, are amended and a new  subdivision  2-b
 is added to read as follows:
   2.  Procedure;  NEW  YORK CITY EMPLOYEES. [An] FOR ANY EMPLOYEE IN THE
 SERVICE OF THE CITY OF NEW YORK DESCRIBED IN PARAGRAPH  (A),  (B),  (C),
 (D),  OR  (E) OF SUBDIVISION ONE OF THIS SECTION, IF SUCH employee [who]
 at the time of questioning appears to be a potential subject  of  disci-
 plinary  action,  SUCH  EMPLOYEE shall have a right to representation by
 [his or her] THEIR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10013-01-5

 S. 5255                             2
 
 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
 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 offi-
 cer 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. The person or persons holding such  hearing  shall,
 upon  the  request  of  the  person  against whom charges are preferred,
 permit [him] SUCH PERSON  AGAINST  WHOM  CHARGES  ARE  PREFERRED  to  be
 represented by counsel, or by a representative of a recognized or certi-
 fied  employee  organization,  and  shall  allow  [him]  THEM  to summon
 witnesses in [his] THEIR 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.
   (a) Notwithstanding any  other  provision  of  law  to  the  contrary,
 including  but not limited to subdivision 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 penalty of dismissal from service or  any  other
 discipline if the hearing, upon such charge, has been conducted by some-
 one  other  than  an  independent 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 AND FOR THE PURPOSE  DESCRIBED  IN  SUBDIVISION  TWO-B  OF  THIS
 SECTION.  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 author-
 ized  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:
   (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
 S. 5255                             3
 
 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.
   2-B.   PROCEDURE;  NON-NEW  YORK  CITY  EMPLOYEES.  FOR  ANY  EMPLOYEE
 DESCRIBED IN PARAGRAPH (A), (B), (C), OR (E) OF SUBDIVISION ONE OF  THIS
 SECTION NOT IN THE SERVICE OF THE CITY OF NEW YORK, THE FOLLOWING PROCE-
 DURE  SHALL APPLY: AN EMPLOYEE UNDER THIS SUBDIVISION WHO AT THE TIME OF
 QUESTIONING APPEARS TO BE A POTENTIAL  SUBJECT  OF  DISCIPLINARY  ACTION
 SHALL  HAVE  A  RIGHT TO REPRESENTATION BY THEIR 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
 SHALL HAVE WRITTEN NOTICE THEREOF AND OF THE REASONS THEREOF,  SHALL  BE
 FURNISHED  A COPY OF THE CHARGES PREFERRED AGAINST 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 A HEARING OFFICER WHO SHALL
 BE SELECTED BY THE MUTUAL AGREEMENT OF THE PERSON AGAINST WHOM DISCIPLI-
 NARY ACTION IS PROPOSED AND OF THE EMPLOYING OFFICER OR  BODY.  IF  SUCH
 MUTUAL  AGREEMENT  CANNOT  BE REACHED, THEN THE HEARING OFFICER SHALL BE
 SELECTED FROM A LIST OF SEVEN NAMES TO BE PROVIDED BY THE PUBLIC EMPLOY-
 MENT RELATIONS BOARD PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION.  THE
 PARTIES  SHALL  SELECT THE HEARING OFFICER BY ALTERNATELY STRIKING NAMES
 FROM THE LIST OF SEVEN. SUCH HEARING OFFICER 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 THEIR  RECOMMENDA-
 TIONS  AND DECISION, BE REFERRED TO SUCH OFFICER OR BODY FOR IMPLEMENTA-
 TION. THE HEARING OFFICER HOLDING SUCH HEARING SHALL, UPON  THE  REQUEST
 OF  THE  PERSON  AGAINST  WHOM CHARGES ARE PREFERRED, PERMIT SUCH PERSON
 AGAINST WHOM CHARGES ARE PREFERRED TO BE REPRESENTED BY COUNSEL, OR BY A
 REPRESENTATIVE OF A RECOGNIZED OR CERTIFIED EMPLOYEE  ORGANIZATION,  AND
 SHALL  ALLOW  THEM  TO  SUMMON  WITNESSES ON THEIR 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.
 THE COST INCURRED IN OBTAINING THE 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 AUTHOR-
 IZED TO ALLOCATE SUCH COST ON THE BASIS OF THE FRIVOLOUS NATURE  OF  ANY
 CLAIM MADE OR ANY DEFENSE INTERPOSED IN THE MANNER PROVIDED FOR IN PARA-
 GRAPH (A) OF SUBDIVISION TWO-A OF THIS SECTION.  PROVIDED, HOWEVER, THAT
 S. 5255                             4
 
 THE  PROVISIONS  OF  THIS SUBDIVISION SHALL NOT SUPERSEDE OR APPLY TO AN
 EXISTING HEARING OFFICER POLICY AND PROCEDURE THAT IS THE  RESULT  OF  A
 COLLECTIVE  BARGAINING AGREEMENT BETWEEN AN EMPLOYER AND A RECOGNIZED OR
 CERTIFIED EMPLOYEE ORGANIZATION OR ANY HEARING OFFICER POLICY AND PROCE-
 DURE  CURRENTLY  EXISTING  FOR  STATE EMPLOYEES DESIGNATED MANAGERIAL OR
 CONFIDENTIAL WHICH WAS IN EFFECT ON THE EFFECTIVE DATE OF THIS  SUBDIVI-
 SION.
   §  2. Subdivision 3 of section 75 of the civil service law, as amended
 by chapter 710 of the laws of 1984, is amended to read as follows:
   3. Suspension pending determination of charges;  penalties;  NEW  YORK
 CITY EMPLOYEES. [Pending] FOR ANY EMPLOYEE IN THE SERVICE OF THE CITY OF
 NEW  YORK DESCRIBED IN PARAGRAPH (A),  (B),  (C),  (D), OR (E) OF SUBDI-
 VISION ONE OF THIS SECTION, PENDING the  hearing  and  determination  of
 charges  of  incompetency or misconduct, the officer or employee against
 whom such charges have been preferred may be suspended without pay for a
 period not exceeding thirty days. If such officer or employee  is  found
 guilty of the charges, the penalty or punishment may consist of a repri-
 mand,  a  fine not to exceed one hundred dollars to be deducted from the
 salary or wages of such officer or employee, suspension without pay  for
 a  period  not  exceeding  two  months,  demotion in grade and title, or
 dismissal from the service; provided,  however,  that  the  time  during
 which  an officer or employee is suspended without pay may be considered
 as part of the penalty. If [he] SUCH OFFICER OR EMPLOYEE  is  acquitted,
 [he]  THEY  shall  be restored to [his] THEIR position with full pay for
 the period of suspension less the amount of any  unemployment  insurance
 benefits  [he]  SUCH  OFFICER  OR EMPLOYEE may have received during such
 period. If such officer or employee is  found  guilty,  a  copy  of  the
 charges,  [his]  THEIR written answer thereto, a transcript of the hear-
 ing, and the determination shall be filed in the office of  the  depart-
 ment or agency in which [he] SUCH OFFICER OR EMPLOYEE has been employed,
 and  a  copy  thereof  shall  be filed with the civil service commission
 having jurisdiction over such position. A copy of the transcript of  the
 hearing  shall,  upon  request  of  the officer or employee affected, be
 furnished to [him] SUCH OFFICER OR EMPLOYEE without charge.
   § 3. Subdivision 3-a of section 75 of the civil service law, as  added
 by chapter 753 of the laws of 1990, is amended and a new subdivision 3-b
 is added to read as follows:
   3-a.  Suspension pending determination of charges and penalties relat-
 ing to police officers of the police department of the city of New York.
 [Pending] NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION  THREE  OF  THIS
 SECTION, PENDING the hearing and determination of charges of incompeten-
 cy  or misconduct, a police officer employed by the police department of
 the city of New York may be suspended  without  pay  for  a  period  not
 exceeding  thirty  days. If such officer is found guilty of the charges,
 the police commissioner of such department may punish the police officer
 pursuant to the provisions of sections 14-115 and 14-123 of the adminis-
 trative code of the city of New York.
   3-B. SUSPENSION PENDING DETERMINATION OF CHARGES;  PENALTIES;  NON-NEW
 YORK  CITY EMPLOYEES. FOR ANY EMPLOYEE DESCRIBED IN PARAGRAPH (A),  (B),
 (C), OR  (E) OF SUBDIVISION ONE OF THIS SECTION NOT IN  THE  SERVICE  OF
 THE  CITY  OF NEW YORK, PENDING THE HEARING AND DETERMINATION OF CHARGES
 OF INCOMPETENCY OR MISCONDUCT, THE OFFICER OR EMPLOYEE AGAINST WHOM SUCH
 CHARGES HAVE BEEN PREFERRED MAY BE SUSPENDED FOR A PERIOD NOT  EXCEEDING
 THIRTY  DAYS.  THE  SUSPENSION  SHALL  BE WITH PAY.   IF SUCH OFFICER OR
 EMPLOYEE IS FOUND GUILTY OF THE CHARGES, THE PENALTY OR  PUNISHMENT  MAY
 CONSIST  OF  A REPRIMAND, A FINE NOT TO EXCEED ONE HUNDRED DOLLARS TO BE
 S. 5255                             5
 
 DEDUCTED FROM THE SALARY OR WAGES OF SUCH OFFICER OR  EMPLOYEE,  SUSPEN-
 SION  WITHOUT  PAY  FOR  A  PERIOD NOT EXCEEDING TWO MONTHS, DEMOTION IN
 GRADE AND TITLE, OR DISMISSAL FROM THE SERVICE.    IF  SUCH  OFFICER  OR
 EMPLOYEE IS ACQUITTED, THEY SHALL BE RESTORED TO THEIR POSITION. IF SUCH
 OFFICER  OR EMPLOYEE IS FOUND GUILTY, A COPY OF THE CHARGES, THEIR WRIT-
 TEN ANSWER THERETO, A TRANSCRIPT OF THE HEARING, AND  THE  DETERMINATION
 SHALL  BE  FILED IN THE OFFICE OF THE DEPARTMENT OR AGENCY IN WHICH SUCH
 OFFICER OR EMPLOYEE HAS BEEN EMPLOYED, AND A COPY THEREOF SHALL BE FILED
 WITH THE CIVIL SERVICE COMMISSION HAVING JURISDICTION  OVER  SUCH  POSI-
 TION. A COPY OF THE TRANSCRIPT OF THE HEARING SHALL, UPON REQUEST OF THE
 OFFICER  OR  EMPLOYEE AFFECTED, BE FURNISHED TO SUCH OFFICER OR EMPLOYEE
 WITHOUT CHARGE.
   § 4. This act shall take effect immediately.

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