Assembly Bill A946

2011-2012 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 - Stricken

  • 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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2011-A946 (ACTIVE) - Details

Law Section:
Civil Service Law
Laws Affected:
Amd §77, Civ Serv L
Versions Introduced in 2009-2010 Legislative Session:
A205

2011-A946 (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.

2011-A946 (ACTIVE) - Bill Text download pdf 

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

                                   946

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PHEFFER, DINOWITZ, WEPRIN -- Multi-Sponsored by
  -- M. of A. ABBATE,  BOYLAND,  HIKIND,  McDONOUGH  --  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.
                                                           LBD00644-01-1

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