Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 09, 2022 |
signed chap.674 |
Dec 02, 2022 |
delivered to governor |
Jun 03, 2022 |
returned to senate passed assembly ordered to third reading rules cal.708 substituted for a9614 |
Jun 03, 2022 |
substituted by s8481 rules report cal.708 reported |
Jun 02, 2022 |
reported referred to rules reference changed to ways and means |
Mar 28, 2022 |
referred to governmental employees |
Assembly Bill A9614
Signed By Governor2021-2022 Legislative Session
Sponsored By
ABBATE
Archive: Last Bill Status Via S8481 - Signed by Governor
- 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
Actions
Votes
co-Sponsors
Marianne Buttenschon
Donna Lupardo
Steven Otis
Stacey Pheffer Amato
2021-A9614 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8481
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §§75, 201 & 204-a, Civ Serv L
2021-A9614 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9614 I N A S S E M B L Y March 28, 2022 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to independent hear- ing officers for certain disciplinary hearings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "New York State firefighter bill of rights act". § 2. Section 75 of the civil service law is amended by adding a new subdivision 2-a to read as follows: 2-A. INDEPENDENT HEARING OFFICER. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, INCLUDING BUT NOT LIMITED TO SUBDIVI- SION 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 PENAL- TY OF DISMISSAL FROM SERVICE OR ANY OTHER DISCIPLINE IF THE HEARING, UPON SUCH CHARGE, HAS BEEN CONDUCTED BY SOMEONE OTHER THAN AN INDEPEND- ENT 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. 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 AUTHORIZED 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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