NY State Senate Bill 2011-S4458

Senate Bill S4458

2011-2012 Legislative Session

Clarifies the improper governmental actions which may be disclosed by state legislative employees without retaliation from their legislative employer

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Archive: Last 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 04, 2012	referred to civil service and pensions
Apr 06, 2011	referred to civil service and pensions

co-Sponsors

2011-S4458 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §75-b, Civ Serv L
Versions Introduced in 2013-2014 Legislative Session:: S4748

2011-S4458 (ACTIVE) - Summary

Clarifies the improper governmental actions which may be disclosed by state legislative employees without retaliation from their legislative employer.

2011-S4458 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4458

TITLE OF BILL:
An act
to amend the civil service law, in relation to the reporting of improper
governmental actions by legislative employees

PURPOSE:
The purpose of this bill is to expand the "whistle blower"
protections contained in the Civil Service Law for public employees
to clearly include the disclosure of information about the activities
of a state legislator or legislative employee that has or may have
violated the ethics provisions of the Legislative Law or Article 4 of
the Public Officers Law or the Penal Law related to corruption
activities.

SUMMARY OF PROVISIONS:

Section 1: Amends Civil Service Law section 75-b (2) to clearly expand
the "whistle blower" law protections for government employees to
include situations when a legislative employee reports to the
Commission on Public Integrity, Legislative Ethics Commission, the
NYS Attorney General, local District Attorney or any other
governmental body that such state legislator or legislative employee
has or may have violated the State's Ethics Laws, Public Officers Law
or the Penal Law.

Section 2: Amends civil Service Law section 75-b to add a new
subdivision (5) to mandate that every public employer that is part of
the legislative branch of government must inform their public
employees of their rights, duties and protections provided for under
this new law. Further, a prominent notice of such protections must be
posted at the place of employment in an easily accessible area of
employment

JUSTIFICATION:

This legislation will assist in improving the enforcement of ethics
laws by providing "whistle blower" protections for officers and
employers of the legislative branch of government. Legislative
employees serve at the pleasure of their appointing authority; their
"at will" status may deter an employee from reporting violations to
regulatory bodies including the Commission on Public Integrity and
the Legislative Ethics Committee.
Providing protections to those who are in positions to know the ethics
laws and possibly be aware of violations will facilitate enforcement
of these valuable laws.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect 30 days after it shall have
become law.

2011-S4458 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4458

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- 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 the reporting of
  improper governmental actions by legislative employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 2 of section 75-b of the civil
service  law,  as amended by chapter 899 of the laws of 1986, is amended
to read as follows:
  (a) A public employer shall not dismiss or take other disciplinary  or
other  adverse  personnel action against a public employee regarding the
employee's employment because the employee discloses to  a  governmental
body information: (i) regarding a violation of a law, rule or regulation
which  violation  creates and presents a substantial and specific danger
to the public health or safety; or (ii) which  the  employee  reasonably
believes  to  be  true  and  reasonably believes constitutes an improper
governmental action.  "Improper  governmental  action"  shall  mean  any
action by a public employer or employee, or an agent of such employer or
employee,  which  is undertaken in the performance of such agent's offi-
cial duties, whether or not such action is within the scope  of  his  OR
HER employment, and which is in violation of any federal, state or local
law,  rule  or  regulation.   FURTHERMORE, WITH REGARD TO DISCLOSURES BY
OFFICERS AND EMPLOYEES OF THE LEGISLATIVE BRANCH OF GOVERNMENT, "IMPROP-
ER GOVERNMENTAL ACTION" SHALL ALSO INCLUDE ANY ACTION OR ACTIVITY  TAKEN
BY  A MEMBER OF THE LEGISLATURE OR BY A LEGISLATIVE EMPLOYEE, AS DEFINED
IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  SEVENTY-THREE  OF  THE
PUBLIC  OFFICERS LAW, WHICH VIOLATES OR MAY VIOLATE ANY PROVISION OF THE
LEGISLATIVE LAW, THE PENAL LAW OR THE ARTICLE FOUR OF THE  PUBLIC  OFFI-
CERS  LAW THAT IS REPORTED TO A GOVERNMENTAL BODY, INCLUDING THE COMMIS-
SION ON PUBLIC INTEGRITY AND THE LEGISLATIVE ETHICS COMMISSION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10649-01-1

S. 4458                             2

  S 2. Section 75-b of the civil service law is amended by adding a  new
subdivision 5 to read as follows:
  5. EVERY PUBLIC EMPLOYER THAT IS PART OF THE LEGISLATIVE BRANCH OF THE
STATE  SHALL  INFORM  ITS  PUBLIC  EMPLOYEES OF THEIR RIGHTS, DUTIES AND
PROTECTIONS PURSUANT TO THIS SECTION, BY CONSPICUOUSLY POSTING A WRITTEN
NOTICE THEREOF. SUCH NOTICES SHALL BE POSTED IN  EASILY  ACCESSIBLE  AND
WELL-LIT  LOCATIONS  CUSTOMARILY FREQUENTED BY SUCH EMPLOYEES AND APPLI-
CANTS FOR EMPLOYMENT.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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Senate Bill S4458

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Sponsored By

Diane J. Savino