Assembly Bill A3757

2023-2024 Legislative Session

Prohibits public employers from taking disciplinary action against public employees in certain cases

download bill text pdf

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Current Bill Status - In Assembly 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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2023-A3757 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §75-b, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:
A8411

2023-A3757 (ACTIVE) - Summary

Prohibits public employers from dismissing or taking other disciplinary action against public employees if such employees are elected or appointed to represent the employee organization or its members or communicate or offer commentary on matters of public concern or matters affecting the employee organization or its members.

2023-A3757 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3757
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to prohibiting public
   employers from taking disciplinary action against public employees  in
   certain cases

   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-b of the civil service  law  is
 amended by adding a new paragraph (b) to read as follows:
   (B)  A PUBLIC EMPLOYER SHALL NOT DISMISS OR TAKE OTHER DISCIPLINARY OR
 OTHER ADVERSE PERSONNEL ACTION AGAINST A PUBLIC EMPLOYEE IF SUCH  PUBLIC
 EMPLOYEE  IS ELECTED OR APPOINTED TO REPRESENT THE EMPLOYEE ORGANIZATION
 OR ITS MEMBERS OR COMMUNICATES OR OFFERS COMMENTARY ON MATTERS OF PUBLIC
 CONCERN OR MATTERS AFFECTING THE EMPLOYEE ORGANIZATION OR ITS MEMBERS.
   § 2. Section 75-b of the civil service law is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A.  IT  SHALL BE AN AFFIRMATIVE DEFENSE IN ANY DISCIPLINARY OR OTHER
 ADVERSE PERSONNEL ACTION  AGAINST  A  PUBLIC  EMPLOYEE  IF  SUCH  PUBLIC
 EMPLOYEE  IS ELECTED OR APPOINTED TO REPRESENT THE EMPLOYEE ORGANIZATION
 OR ITS MEMBERS, COMMUNICATES OR OFFERS COMMENTARY ON MATTERS  OF  PUBLIC
 CONCERN OR MATTERS AFFECTING THE EMPLOYEE ORGANIZATION OR ITS MEMBERS.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07873-01-3

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