NY State Senate Bill 2015-S7289

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

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2016	referred to civil service and pensions

co-Sponsors

2015-S7289 (ACTIVE) - Details

See Assembly Version of this Bill:: A9512
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §75, Civ Serv L
Versions Introduced in 2017-2018 Legislative Session:: S5360, A6546

2015-S7289 (ACTIVE) - Summary

Relates to independent hearing officers for disciplinary hearings involving any paid officer or member of an organized fire company or fire department of a city of less than one million population, or town, village or fire district.

2015-S7289 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7289

 TITLE OF BILL :  An act to amend the civil service law, in relation
to independent hearing officers for certain disciplinary hearings

 PURPOSE :

To provide for independent hearing officers in disciplinary actions
against public employees.

 SUMMARY OF PROVISIONS :

Section 75 of the Civil Service Law is amended by adding a new
subdivision 2-a.

 JUSTIFICATION :

Under current law, the appointing authority both brings charges and
renders decisions in disciplinary proceedings. This obviously creates
a conflict of interest and creates a situation inherently unfair to
employees. This bill corrects this situation by providing for the
appointment of an independent and neutral hearing officer who will
hear charges and render a decision on behalf of the employer.

The bill provides that the light of public opinion will shine upon
those instances where the accusation of wrongdoing against a public

employee rises to the level of termination of employment. An impartial
arbitrator, professional and experienced will render a determination
free from the internal bruises that cloud the public's perception of
public agency action.

This bill does not interfere with the collective bargaining process.
In fact, in some instances it ensures a right to collectively bargain
procedures crafted for a particular type of public employment.

Finally, the bill has a safety mechanism to prevent its unwarranted
use. For an employee to request binding arbitration under the
provision of this bill, he or she must split half the cost of the
arbitration with the municipality. Further, if certain behavior of
either party is found to be frivolous, the arbitrator may assign costs
to the other party. This is a solid monetary discouragement to prevent
abuse of this provision.

 EFFECTIVE DATE :
First of March next succeeding the date on which it shall have become
a law and shall apply to proceeding commenced on or after such
effective date; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for implementation of the provisions of this act on its effective date
are authorized and directed to be made and completed on or before such
effective date.

2015-S7289 (ACTIVE) - Bill Text download pdf

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

                                  7289

                            I N  S E N A T E

                             April 12, 2016
                               ___________

Introduced  by  Sen.  ROBACH -- 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 independent  hear-
  ing officers for certain disciplinary hearings

  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 2-a to read as follows:
  2-A.  INDEPENDENT  HEARING  OFFICER.  (A)  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW TO THE CONTRARY, ANY  PAID  OFFICER  OR  MEMBER  OF  AN
ORGANIZED  FIRE  COMPANY  OR  FIRE DEPARTMENT OF A CITY OF LESS THAN ONE
MILLION POPULATION, OR TOWN, VILLAGE OR FIRE DISTRICT WHO IS REPRESENTED
BY A CERTIFIED OR RECOGNIZED EMPLOYEE ORGANIZATION PURSUANT  TO  ARTICLE
FOURTEEN  OF  THIS  CHAPTER  SHALL  NOT  BE  SUBJECTED TO THE PENALTY OF
DISMISSAL FROM SERVICE IF  THE  HEARING,  UPON  SUCH  CHARGE,  HAS  BEEN
CONDUCTED  BY  SOMEONE  OTHER  THAN AN INDEPENDENT HEARING OFFICER TO BE
AGREED TO BY THE EMPLOYER  AND  THE  PERSON  AGAINST  WHOM  DISCIPLINARY
ACTION  IS  PROPOSED.  IF THE PARTIES ARE UNABLE TO AGREE UPON A HEARING
OFFICER, HE OR SHE SHALL BE SELECTED FROM A LIST OF SEVEN  NAMES  TO  BE
PROVIDED BY THE PUBLIC EMPLOYMENT RELATIONS BOARD. THE PUBLIC EMPLOYMENT
RELATIONS  BOARD  SHALL  MAINTAIN A LIST OF INDEPENDENT HEARING OFFICERS
FOR THIS PURPOSE. THE PARTIES SHALL SELECT THE HEARING OFFICER BY ALTER-
NATELY STRIKING NAMES FROM THE LIST OF SEVEN. THE HEARING OFFICER  SHALL
BE VESTED WITH ALL POWERS OF THE APPOINTING AUTHORITY, SHALL CONDUCT AND
MAKE  A  RECORD  OF THE HEARING, AND SHALL RENDER A FINAL DECISION.  THE
COST INCURRED IN OBTAINING SUCH INDEPENDENT  HEARING  OFFICER  SHALL  BE
DIVIDED  EQUALLY BETWEEN THE PARTIES; PROVIDED THAT AS MAY BE DETERMINED
UPON THE CIRCUMSTANCES OF THE CASE, THE HEARING OFFICER SHALL BE AUTHOR-
IZED TO ALLOCATE SUCH COST ON THE BASIS OF THE FRIVOLOUS NATURE  OF  ANY
CLAIM  MADE  OR  ANY  DEFENSE  INTERPOSED.  IN  ORDER TO FIND A CLAIM OR
DEFENSE TO BE FRIVOLOUS, THE HEARING OFFICER MUST FIND AT LEAST  ONE  OF
THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13882-02-6

S. 7289                             2

  (I)  THE  CLAIM  OR  DEFENSE  WAS  COMMENCED, USED OR CONTINUED IN BAD
FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF  THE  ACTION  OR  TO
HARASS OR MALICIOUSLY INJURE ANOTHER; OR
  (II)  THE  CLAIM  OR  DEFENSE  WAS COMMENCED OR CONTINUED IN BAD FAITH
WITHOUT ANY REASONABLE BASIS IN LAW OR FACT. IF THE CLAIM OR DEFENSE WAS
PROMPTLY DISCONTINUED WHEN THE PARTY LEARNED OR SHOULD HAVE LEARNED THAT
THE CLAIM OR DEFENSE LACKED SUCH REASONABLE BASIS, THE  HEARING  OFFICER
MAY  FIND THAT THE PARTY DID NOT ACT IN BAD FAITH.  A PERSON SERVED WITH
CHARGES MAY, HOWEVER, ELECT IN WRITING TO PROCEED WITH A HEARING  PURSU-
ANT  TO THE PROCEDURES ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION IN
LIEU OF THE PROCEDURES SET FORTH IN THIS SUBDIVISION.
  (B) THE RIGHTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
IN ADDITION TO, AND SHALL NOT SUPPLANT, MODIFY  OR  REPLACE  ANY  RIGHTS
PROVIDED  TO  AN  EMPLOYEE PURSUANT TO AGREEMENTS NEGOTIATED BY A PUBLIC
EMPLOYER AND AN EMPLOYEE ORGANIZATION PURSUANT TO  ARTICLE  FOURTEEN  OF
THIS CHAPTER.
  S  2. This act shall take effect on the first of March next succeeding
the date on which it  shall  have  become  a  law  and  shall  apply  to
proceedings  commenced on or after such effective date; provided, howev-
er, that effective immediately, the addition, amendment and/or repeal of
any  rule  or  regulation  necessary  for  the  implementation  of   the
provisions of this act on its effective date are authorized and directed
to be made and completed on or before such effective date.

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Senate Bill S7289

Sponsored By

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

co-Sponsors

2015-S7289 (ACTIVE) - Details

2015-S7289 (ACTIVE) - Summary

2015-S7289 (ACTIVE) - Sponsor Memo

2015-S7289 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7289

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Sponsored By

Joseph E. Robach

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

co-Sponsors

George Latimer

2015-S7289 (ACTIVE) - Details

2015-S7289 (ACTIVE) - Summary

2015-S7289 (ACTIVE) - Sponsor Memo

2015-S7289 (ACTIVE) - Bill Text download pdf

Comments