|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to civil service and pensions|
|Jan 14, 2013||referred to civil service and pensions|
senate Bill S2197
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2197 - Details
S2197 - Summary
Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities.
S2197 - Sponsor Memo
BILL NUMBER:S2197 TITLE OF BILL: An act to amend the civil service law, in relation to the physical or sexual abuse of people with developmental disabilities PURPOSE: This bill amends Section 75 of the Civil Services law to ensure that employees with a record of substantiated physical or sexual abuse against people with developmental disabilities can no longer care for those individuals'. It also ensures that employees charged with an allegation of such conduct cannot care for people with developmental disabilities until such allegations are found to be unsubstantiated. SUMMARY OF PROVISIONS: The bill amends section 75 of the Civil Service Law to require that an individual who is named in an incident abuse report as the perpetrator of sexual or physical abuse and is an employee of the Office for People with Developmental Disabilities (OPWDD) shall be suspended until such charge is either found to be substantiated of unsubstantiated. If the charge is substantiated, the individual is terminated. Persons filing a false incident report are subject to section 175.30 of the Penal Law. The Commissioner of OPWDD must define physical or sexual abuse for purposes of this act as well as a timeframe for determining whether or not the allegation in the incident report is substantiated. JUSTIFICATION: A March 12 article in the New York Times provided chill- ing documentation of the lack of effective discipline of employees with-
S2197 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2197 2013-2014 Regular Sessions I N S E N A T E January 14, 2013 ___________ Introduced by Sen. CARLUCCI -- 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 physical or sexual abuse of people with developmental disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 75 of the civil service law is amended by adding a new subdivision 5 to read as follows: 5. DISCIPLINE OF AN EMPLOYEE FOR PHYSICAL OR SEXUAL ABUSE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN THE EVENT THAT AN EMPLOYEE OF A PROGRAM OR FACILITY OPERATED, CERTIFIED OR LICENSED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES IS IDENTIFIED IN AN INCIDENT REPORT AS THE PERPETRATOR OF AN ACT OF PHYSICAL OR SEXUAL ABUSE AGAINST A PERSON RECEIVING CARE IN SUCH PROGRAM OR FACILITY, SUCH EMPLOYEE SHALL BE PLACED ON ADMINISTRATIVE LEAVE IMMEDIATELY PENDING FURTHER INVESTI- GATION. IN THE EVENT THAT THE INCIDENT REPORT IS SUBSTANTIATED, AND THE PHYSICAL OR SEXUAL ABUSE IS FOUND, THE EMPLOYEE SHALL BE TERMINATED AND SUCH TERMINATION DECISION SHALL BECOME FINAL. (B) A PERSON WHO CAUSES A FALSE INCIDENT REPORT TO BE FILED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO SECTION 175.30 OF THE PENAL LAW. (C) NOTWITHSTANDING SECTION TWO HUNDRED NINE-A OF THIS CHAPTER, FOR PURPOSES OF DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT, THIS SUBDIVISION SHALL ONLY APPLY TO DISCIPLINARY PROCEDURES IMPLEMENTED UNDER A COLLECTIVE BARGAINING AGREEMENT THAT TAKES EFFECT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS SUBDIVISION, INCLUDING A DEFINITION OF "PHYSICAL OR SEXUAL ABUSE" AND THE ESTABLISHMENT OF TIME FRAMES NOT TO EXCEED A TIME PERIOD SPECIFIED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05313-01-3
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