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Assembly Bill A3063

2009-2010 Legislative Session

Prohibits public employers from dismissing or taking other disciplinary actions against a public employee for being misquoted by the press

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Archive: Last Bill Status - In Assembly Committee

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2009-A3063 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd ยง75-b, Civ Serv L

2009-A3063 (ACTIVE) - Summary

Prohibits public employers from dismissing or taking other disciplinary actions against a public employee for being misquoted by the press.

2009-A3063 (ACTIVE) - Bill Text download pdf 

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

                                  3063

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT to amend the civil service law, in relation to prohibiting public
  employers from dismissing or taking other disciplinary actions against
  a public employee for being misquoted by the news media

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

  Section 1. Subdivision 1 of section 75-b of the civil service  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  "NEWS  MEDIA"  SHALL MEAN NEWSPAPER, MAGAZINE, NEWS AGENCY, PRESS
ASSOCIATION, WIRE SERVICE, PROFESSIONAL JOURNALIST OR NEWSCASTER AS SUCH
TERMS ARE DEFINED IN SUBDIVISION (A) OF SECTION  SEVENTY-NINE-H  OF  THE
CIVIL RIGHTS LAW.
  S  2. Section 75-b of the civil service law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. A PUBLIC EMPLOYER SHALL NOT DISMISS OR TAKE OTHER DISCIPLINARY OR
OTHER ADVERSE PERSONNEL ACTION AGAINST A PUBLIC EMPLOYEE  REGARDING  THE
EMPLOYEE'S EMPLOYMENT BECAUSE THE EMPLOYEE, ACTING IN HIS OR HER CAPACI-
TY  AS  A PUBLIC EMPLOYEE IN THE COURSE OF HIS OR HER EMPLOYMENT DUTIES,
WAS ASSIGNED, DIRECTED, REQUESTED, OR DEMANDED TO PERFORM  A  TASK  SUCH
AS, BUT NOT LIMITED TO, MAKING AN INVESTIGATION, A REPORT, A MEMORANDUM,
OR  A  STATEMENT,  WHICH EXPOSES A PROBLEM OR ANY OTHER ISSUE WITHIN THE
PLACE OF EMPLOYMENT, TO THE EMPLOYER  AND/OR  SUPERVISOR,  OR  THE  NEWS
MEDIA.
  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law and shall  apply
to any retaliatory personnel action taken on or after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05807-01-9

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