Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 10, 2016 |
referred to governmental employees |
Assembly Bill A9512
2015-2016 Legislative Session
Sponsored By
LENTOL
Archive: Last Bill Status - In Assembly 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
Actions
2015-A9512 (ACTIVE) - Details
2015-A9512 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9512 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Governmental Employees 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
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