Assembly Bill A9512

2015-2016 Legislative Session

Relates to independent hearing officers for certain disciplinary hearings

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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

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2015-A9512 (ACTIVE) - Details

See Senate Version of this Bill:
S7289
Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in 2017-2018 Legislative Session:
A6546, S5360

2015-A9512 (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-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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