senate Bill S4748

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Apr / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

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

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Bill Details

Versions:
S4748
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd ยง75-b, Civ Serv L
Versions Introduced in 2011-2012 Legislative Cycle:
S4458

Sponsor Memo

BILL NUMBER:S4748

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 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:

2011-2012 Session - referred to Civil Service and Pension with no
further action

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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


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

                                  4748

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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  JOINT
COMMISSION ON PUBLIC ETHICS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07995-01-3

S. 4748                             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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