Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 18, 2010 |
referred to rules |
Jun 17, 2010 |
delivered to senate passed assembly |
May 06, 2010 |
advanced to third reading cal.844 |
May 03, 2010 |
reported |
Apr 22, 2010 |
print number 10220a |
Apr 22, 2010 |
amend and recommit to codes |
Apr 20, 2010 |
reported referred to codes |
Mar 11, 2010 |
referred to governmental employees |
Assembly Bill A10220
2009-2010 Legislative Session
Sponsored By
LENTOL
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
Bill Amendments
co-Sponsors
William Colton
2009-A10220 - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §75, Civ Serv L
- Versions Introduced in 2011-2012 Legislative Session:
-
A1378
2009-A10220 - Sponsor Memo
BILL NUMBER:A10220 TITLE OF BILL: An act to amend the civil service law, in relation to independent hearing officers for disciplinary hearings PURPOSE: This legislation would require independent hearing officers to preside over, disciplinary hearings when the employer is seeking termi- nation. SUMMARY OF PROVISIONS: Amends section 75 of the Civil Service Law, by adding a new sub-division 2-a in which notwithstanding any other provision of law to the contrary, a person represented by a certified or recognized collective bargaining organization pursuant to article 14 of this chapter shall be entitled to a hearing upon such charges to be conducted by 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, he or she shall be selected from a list of seven names to be provided by the Public Employee Relations Board. The Public Employee Relations Board 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.a hearing; and shall render a final decision. JUSTIFICATION: Under current law, the appointing authority both brings
2009-A10220 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10220 I N A S S E M B L Y March 11, 2010 ___________ Introduced by M. of A. LENTOL -- 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 disciplinary hearings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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, A PERSON WHO IS DESCRIBED IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION AND 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 IF THE HEARING, UPON SUCH CHARGE, HAS BEEN CONDUCTED BY SOMEONE 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, HE OR SHE 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 ALTER- NATELY 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
William Colton
2009-A10220A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §75, Civ Serv L
- Versions Introduced in 2011-2012 Legislative Session:
-
A1378
2009-A10220A (ACTIVE) - Sponsor Memo
BILL NUMBER:A10220A TITLE OF BILL: An act to amend the civil service law, in relation to independent hearing officers for disciplinary hearings PURPOSE: This legislation would require independent hearing officers to preside over, disciplinary hearings when the employer is seeking termi- nation. SUMMARY OF PROVISIONS: Amends section 75 of the Civil Service Law, by adding a new sub-division 2-a in which notwithstanding any other provision of law to the contrary, a person represented by a certified or recognized collective bargaining organization pursuant to article 14 of this chapter shall be entitled to a hearing upon such charges to be conducted by 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, he or she shall he selected from a list of seven names to be provided by the Public Employee Relations Board. The Public Employee Relations Board shall select the hearing officer by alternately striking names from the list of seven. The hearing officer shall be vested with ail powers of the appointing authority, shall conduct and make a record of a hearing; and shall render a final decision. JUSTIFICATION: Under current law, the appointing authority both brings
2009-A10220A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10220--A I N A S S E M B L Y March 11, 2010 ___________ Introduced by M. of A. LENTOL, COLTON -- read once and referred to the Committee on Governmental Employees -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil service law, in relation to independent hear- ing officers for disciplinary hearings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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, A PERSON WHO IS DESCRIBED IN PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION AND 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 IF THE HEARING, UPON SUCH CHARGE, HAS BEEN CONDUCTED BY SOMEONE OTHER THAN AN INDEPENDENT HEARING OFFICER. SUCH INDEPENDENT HEARING OFFICER SHALL BE A MEMBER OF THE PUBLIC EMPLOYEE RELATIONS BOARD'S PANEL OF ARBITRATORS ESTABLISHED PURSUANT TO SECTION TWO HUNDRED SEVEN OF TITLE FOUR OF THE NEW YORK CODES, RULES AND REGU- LATIONS AND SUCH INDEPENDENT HEARING OFFICER SHALL 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, HE OR SHE SHALL BE SELECTED FROM A LIST OF SEVEN NAMES TO BE PROVIDED BY THE PUBLIC EMPLOYMENT RELATIONS BOARD. THE PARTIES SHALL SELECT THE HEARING OFFICER BY ALTERNATELY STRIKING NAMES FROM THE LIST OF SEVEN. THE HEARING OFFI- CER SHALL BE VESTED WITH ALL POWERS OF THE APPOINTING AUTHORITY, SHALL CONDUCT AND MAKE A RECORD OF THE HEARING, AND SHALL RENDER A FINAL DECI- SION. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16131-02-0
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