Assembly Bill A9830

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

                                  9830

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Governmental Employees

AN ACT to amend the civil service  law,  in  relation  to  enacting  the
  "public employee free speech act"; and to repeal certain provisions of
  such law relating thereto

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

  Section 1. This act shall be known and may be  cited  as  the  "public
employee free speech act".
  S  2.  Subdivision  2  of  section  75-b  of  the civil service law is
REPEALED and a new subdivision 2 is added to read as follows:
  2.(A) A PUBLIC EMPLOYER SHALL NOT DISMISS, SUSPEND,  DEMOTE,  PENALIZE
OR  DISCRIMINATE  AGAINST,  OR  TAKE  OTHER  DISCIPLINARY OR RETALIATORY
PERSONNEL ACTION AGAINST A PUBLIC EMPLOYEE BECAUSE SUCH EMPLOYEE:
  (I) DISCLOSES OR EXPRESSES THE  INTENT  TO  DISCLOSE  ANY  INFORMATION
WHICH  THE  EMPLOYEE IN GOOD FAITH REASONABLY BELIEVES TO BE TRUE AND IS
NOT OTHERWISE PROTECTED FROM DISCLOSURE BY STATUTE; OR
  (II) OBJECTS TO, OR REFUSES TO PARTICIPATE IN, ANY  ACTION  WHICH  THE
EMPLOYEE  IN  GOOD  FAITH REASONABLY BELIEVES TO BE IN VIOLATION OF LAW,
RULE OR REGULATION, OR IN VIOLATION OF THE PUBLIC  EMPLOYEE'S  RESPONSI-
BILITY  TO  PROVIDE  HONEST  SERVICES  TO THE PEOPLE OF THE STATE OF NEW
YORK.
  (B) FOR THE PURPOSES OF THIS SECTION "LAW, RULE OR  REGULATION"  SHALL
MEAN:
  (I) ANY DULY ENACTED FEDERAL, STATE OR LOCAL STATUTE OR ORDINANCE;
  (II)  ANY  RULE OR REGULATION PROMULGATED PURSUANT TO ANY SUCH STATUTE
OR ORDINANCE; OR
  (III) ANY JUDICIAL OR ADMINISTRATIVE DECISION, RULING OR ORDER.
  (C) FOR THE PURPOSES OF THIS SECTION  "RETALIATORY  PERSONNEL  ACTION"
MEANS THE DISCHARGE, SUSPENSION, DEMOTION, PENALIZATION, REASSIGNMENT OR
OTHER ADVERSE PERSONNEL ACTION TAKEN AGAINST AN EMPLOYEE.
  (D) THE KNOWING VIOLATION OF THE PROHIBITIONS IN PARAGRAPH (A) OF THIS
SUBDIVISION  BY  ANY PUBLIC EMPLOYER SHALL BE CAUSE FOR THE REMOVAL FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14487-01-6
              

A. 9830                             2

OFFICE OR EMPLOYMENT OF THOSE OFFICERS OR EMPLOYEES RESPONSIBLE FOR SUCH
VIOLATION.
  S  3.  Paragraph  (c)  of  subdivision  3 of section 75-b of the civil
service law, as added by chapter 660 of the laws of 1984, is amended  to
read as follows:
  (c)  [Where]  IN  ADDITION TO OR IN LIEU OF THE PROCEDURE SET FORTH IN
PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, OR WHERE an employee is  not
subject to any of the provisions of [paragraph (a) or (b) of this subdi-
vision]  SUCH PARAGRAPHS, the employee may commence an action in a court
of competent jurisdiction under the same terms and  conditions  AND  FOR
THE SAME RELIEF as set forth in article twenty-C of the labor law.
  S  4. Section 75-b of the civil service law is amended by adding a new
subdivision 5 to read as follows:
  5. EVERY PUBLIC EMPLOYER SHALL INFORM EMPLOYEES OF THEIR  PROTECTIONS,
RIGHTS  AND OBLIGATIONS UNDER THIS SECTION, BY POSTING A NOTICE THEREOF.
SUCH NOTICES SHALL BE POSTED  CONSPICUOUSLY  IN  EASILY  ACCESSIBLE  AND
WELL-LIGHTED  PLACES  CUSTOMARILY FREQUENTED BY EMPLOYEES AND APPLICANTS
FOR EMPLOYMENT.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.