Assembly Bill A205

2009-2010 Legislative Session

Requires the payment of court costs and legal fees to government officers and employees removed from a position illegally and reinstated by court order

download bill text pdf

Sponsored By

Archive: Last 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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2009-A205 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Service Law
Laws Affected:
Amd §77, Civ Serv L
Versions Introduced in 2011-2012 Legislative Session:
A946

2009-A205 (ACTIVE) - Summary

Requires a civil service employer to reimburse, within thirty days, any employee or officer, reinstated pursuant to a court order, for court costs and reasonable attorney's fees.

2009-A205 (ACTIVE) - Bill Text download pdf 

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

                                   205

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PHEFFER, GIANARIS, DINOWITZ -- Multi-Sponsored by
  --  M.  of  A.  ABBATE,  BOYLAND,  DIAZ, HIKIND, JOHN -- read once and
  referred to the Committee on Governmental Employees

AN ACT to amend the civil service law, in relation to  the  compensation
  of officers and employees reinstated by court order

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

  Section 1. Section 77 of the civil service law, as amended by  chapter
851 of the laws of 1985, is amended to read as follows:
  S  77.  Compensation  of  officers  and  employees reinstated by court
order.  Any officer or employee who is removed from a  position  in  the
service  of  the  state or of any civil division thereof in violation of
the provisions of this chapter, and who thereafter is restored  to  such
position by order of the supreme court, shall be entitled to receive and
shall receive from the state or such civil division, as the case may be,
the  salary  or compensation which he OR SHE would have been entitled by
law to have received in such position but  for  such  unlawful  removal,
from  the date of such unlawful removal to the date of such restoration,
PLUS COURT COSTS AND REASONABLE ATTORNEYS' FEES, less the amount of  any
unemployment insurance benefits WHICH he OR SHE may have received during
such period. Such officer or employee shall be entitled to a court order
to  enforce  the payment of such salary [or], compensation, COURT COSTS,
OR ATTORNEYS' FEES.   Such salary [or], compensation,  COURT  COSTS,  OR
ATTORNEYS'  FEES  shall  be  [subject to the provisions of sections four
hundred seventy-four and four hundred seventy-five of the judiciary  law
for  services  rendered, but otherwise shall be] paid [only directly] to
such officer or employee or his  OR  HER  legal  representatives  WITHIN
THIRTY DAYS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01949-01-9

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