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Assembly Bill A3540

2009-2010 Legislative Session

Relates to contracts for employment in law enforcement agencies

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Archive: Last Bill Status - In Assembly Committee

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2009-A3540 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add ยง211-b, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4017
2013-2014: A4732
2015-2016: A6553
2017-2018: A309
2019-2020: A15
2021-2022: A253

2009-A3540 (ACTIVE) - Summary

Voids as contrary to public policy provision in contracts for employment in law enforcement agencies which permit an employee to refuse to cooperate with agency officials investigating an incident for a period of time following such incident; applies prospectively.

2009-A3540 (ACTIVE) - Bill Text download pdf 

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

                                  3540

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. CLARK,
  COOK, DIAZ, GLICK, HOOPER, McENENY, ORTIZ, J. RIVERA, TOWNS, WRIGHT --
  read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to contracts  for  employment
  in law enforcement agencies

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

  Section 1. The labor law is amended by adding a new section  211-b  to
read as follows:
  S  211-B.  CONTRACTS;  LAW  ENFORCEMENT  AGENCIES;  CERTAIN PROVISIONS
PROHIBITED. NO CONTRACT, COVENANT, AGREEMENT OR UNDERSTANDING IN, OR  IN
CONNECTION WITH OR COLLATERAL TO AN AGREEMENT OR CONTRACT FOR EMPLOYMENT
IN  ANY LAW ENFORCEMENT AGENCY IN THIS STATE SHALL CONTAIN ANY PROVISION
OR LANGUAGE WHICH PERMITS ANY EMPLOYEE OF SUCH AGENCY WHO IS INVOLVED IN
AN INCIDENT, WHICH IS OR MAY BECOME THE SUBJECT  OF  A  DEPARTMENTAL  OR
AGENCY  INVESTIGATION  OR  DISCIPLINARY  PROCESS, TO REFUSE TO COOPERATE
WITH OR SPEAK TO AGENCY OR DEPARTMENT OFFICIALS FOR A DESIGNATED  PERIOD
OF  TIME  FOLLOWING  SUCH INCIDENT. ANY SUCH LANGUAGE OR PROVISION WHICH
PURPORTS TO CREATE SUCH A PERIOD OF TIME DURING WHICH AN EMPLOYEE IS NOT
REQUIRED TO REPORT AN INCIDENT OR DURING WHICH SUCH EMPLOYEE MAY NOT  BE
SUBJECT  TO  QUESTIONING  BY  AGENCY  OFFICIALS  SHALL BE DEEMED VOID AS
AGAINST PUBLIC POLICY.
  S 2. This act shall take effect immediately and  shall  apply  to  all
contracts  entered  into,  renewed, modified or amended on or after such
date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01699-01-9

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