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Senate Bill S4458

2011-2012 Legislative Session

Clarifies the improper governmental actions which may be disclosed by state legislative employees without retaliation from their legislative employer

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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2011-S4458 (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd ยง75-b, Civ Serv L
Versions Introduced in 2013-2014 Legislative Session:
S4748

2011-S4458 (ACTIVE) - Summary

Clarifies the improper governmental actions which may be disclosed by state legislative employees without retaliation from their legislative employer.

2011-S4458 (ACTIVE) - Sponsor Memo

2011-S4458 (ACTIVE) - Bill Text download pdf 

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

                                  4458

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Civil Service and Pensions

AN  ACT  to amend the civil service law, in relation to the reporting of
  improper governmental actions by legislative employees

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

  Section 1. Paragraph (a) of subdivision 2 of section 75-b of the civil
service  law,  as amended by chapter 899 of the laws of 1986, is amended
to read as follows:
  (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 discloses to  a  governmental
body information: (i) regarding a violation of a law, rule or regulation
which  violation  creates and presents a substantial and specific danger
to the public health or safety; or (ii) which  the  employee  reasonably
believes  to  be  true  and  reasonably believes constitutes an improper
governmental action.  "Improper  governmental  action"  shall  mean  any
action by a public employer or employee, or an agent of such employer or
employee,  which  is undertaken in the performance of such agent's offi-
cial duties, whether or not such action is within the scope  of  his  OR
HER employment, and which is in violation of any federal, state or local
law,  rule  or  regulation.   FURTHERMORE, WITH REGARD TO DISCLOSURES BY
OFFICERS AND EMPLOYEES OF THE LEGISLATIVE BRANCH OF GOVERNMENT, "IMPROP-
ER GOVERNMENTAL ACTION" SHALL ALSO INCLUDE ANY ACTION OR ACTIVITY  TAKEN
BY  A MEMBER OF THE LEGISLATURE OR BY A LEGISLATIVE EMPLOYEE, AS DEFINED
IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  SEVENTY-THREE  OF  THE
PUBLIC  OFFICERS LAW, WHICH VIOLATES OR MAY VIOLATE ANY PROVISION OF THE
LEGISLATIVE LAW, THE PENAL LAW OR THE ARTICLE FOUR OF THE  PUBLIC  OFFI-
CERS  LAW THAT IS REPORTED TO A GOVERNMENTAL BODY, INCLUDING THE COMMIS-
SION ON PUBLIC INTEGRITY AND THE LEGISLATIVE ETHICS COMMISSION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10649-01-1

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