Senate Bill S7848A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7848--A
 
                             I N  S E N A T E
 
                               March 4, 2018
                                ___________
 
 Introduced  by Sens. YOUNG, PHILLIPS, MURPHY, AKSHAR, BONACIC, FLANAGAN,
   FUNKE, GALLIVAN,  GOLDEN,  GRIFFO,  HANNON,  HELMING,  JACOBS,  LANZA,
   LARKIN,  LAVALLE,  LITTLE, MARCELLINO, MARCHIONE, O'MARA, RANZENHOFER,
   RITCHIE, ROBACH, SEWARD, TEDISCO -- read twice  and  ordered  printed,
   and  when printed to be committed to the Committee on Rules -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the  state finance law, in relation to prevention of
   sexual harassment by state contractors (Part A); to amend the  general
   business  law,  in relation to mandatory arbitration clauses (Part B);
   to amend the executive law and the public officers law, in relation to
   individual liability for sexual harassment (Part C); to amend the  the
   civil  practice  law  and  rules  and  the  general  municipal law, in
   relation to the entering of  confidential  settlements  (Part  D);  to
   amend  the  public  officers law and the executive law, in relation to
   sexual harassment violations and establishing a unit  to  receive  and
   investigate  such  claims  (Part  E);  to amend the executive law, the
   legislative law, the judiciary law, the general municipal law and  the
   public  authorities  law,  in relation to uniform standards for sexual
   harassment policies for all branches of state  and  local  governments
   (Part F); and to amend the labor law, in relation to the prevention of
   sexual harassment in the workplace (Part G)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 which  are  necessary to combat sexual harassment in the workplace. Each
 component is wholly contained  within  a  Part  identified  as  Parts  A
 through  G.  The  effective date for each particular provision contained
 within such Part is set forth in the last  section  of  such  Part.  Any
 provision  in  any section contained within a Part, including the effec-
 tive date of the Part, which makes reference to a section "of this act",
 when used in connection with that particular component, shall be  deemed
 to  mean  and refer to the corresponding section of the Part in which it
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14890-06-8

 S. 7848--A                          2
 
 is found. Section three of this act sets  forth  the  general  effective
 date of this act.
 
                                  PART A
 
   Section  1.  The  state finance law is amended by adding a new section
 148 to read as follows:
   § 148. PREVENTION OF SEXUAL HARASSMENT BY STATE CONTRACTORS. 1.  DEFI-
 NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
   A. "STATE AGENCY" MEANS (1) (A) ANY STATE DEPARTMENT, OFFICE,  BUREAU,
 DIVISION,  COMMITTEE,  COUNCIL,  OR  (B)  ANY  DIVISION,  BOARD, OFFICE,
 COMMITTEE, COUNCIL, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR (C)
 THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY  OF  NEW  YORK,
 INCLUDING  ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND THE
 INDEPENDENT INSTITUTIONS OPERATING STATUTORY  OR  CONTRACT  COLLEGES  ON
 BEHALF  OF  THE STATE, OR (D) A BOARD OR COMMISSION, A MAJORITY OF WHOSE
 MEMBERS ARE APPOINTED BY THE GOVERNOR; AND (2) A "STATE  AUTHORITY",  AS
 DEFINED IN SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
   B.  "SEXUAL  HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
 SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE IF
 SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
 OF EMPLOYMENT, OR SUBMISSION TO OR REJECTION OF SUCH CONDUCT IS USED  AS
 THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDIVIDUAL'S EMPLOYMENT,
 OR  SUCH  CONDUCT  HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING
 WITH AN INDIVIDUAL'S  WORK  PERFORMANCE  OR  CREATING  AN  INTIMIDATING,
 HOSTILE OR OFFENSIVE WORK ENVIRONMENT.
   C.  "CONTRACT"  MEANS  ANY CONTRACT OR OTHER AGREEMENT FOR "GOVERNMENT
 PROCUREMENT" AS SUCH TERM IS DEFINED IN SUBDIVISION (E) OF  SECTION  ONE
 HUNDRED  THIRTY-NINE-K OF THE STATE FINANCE LAW, INCLUDING AN AMENDMENT,
 EXTENSION, RENEWAL, OR CHANGE ORDER TO AN EXISTING CONTRACT (OTHER  THAN
 AMENDMENTS,  EXTENSIONS,  RENEWALS, OR CHANGE ORDERS THAT ARE AUTHORIZED
 AND PAYABLE UNDER THE TERMS OF THE CONTRACT AS IT WAS FINALLY AWARDED OR
 APPROVED BY THE COMPTROLLER, AS APPLICABLE), FOR AN ARTICLE OF  PROCURE-
 MENT.  GRANTS,  ARTICLE  ELEVEN-B  CONTRACTS,  PROGRAM CONTRACTS BETWEEN
 NOT-FOR-PROFIT ORGANIZATIONS, AS DEFINED  IN  ARTICLE  ELEVEN-B  OF  THE
 STATE  FINANCE  LAW,  AND  THE  UNIFIED  COURT SYSTEM, INTERGOVERNMENTAL
 AGREEMENTS, RAILROAD AND  UTILITY  FORCE  ACCOUNTS,  UTILITY  RELOCATION
 PROJECT  AGREEMENTS  OR  ORDERS,  CONTRACTS GOVERNING ORGAN TRANSPLANTS,
 CONTRACTS ALLOWING FOR STATE PARTICIPATION IN A TRADE SHOW, AND  EMINENT
 DOMAIN TRANSACTIONS SHALL NOT BE DEEMED CONTRACTS.
   2. EVERY STATE CONTRACTOR TO WHOM ANY CONTRACT SHALL BE LET SHALL HAVE
 IN  PLACE AN ANTI-SEXUAL HARASSMENT POLICY CONSISTENT WITH CURRENT STATE
 AND FEDERAL STATUTORY PROVISIONS. SUCH SEXUAL HARASSMENT POLICY SHALL BE
 WIDELY DISTRIBUTED AND MADE AVAILABLE TO EVERY EMPLOYEE AND INCLUDED  IN
 EVERY NEW EMPLOYEE ORIENTATION.
   3.  EVERY  STATE  CONTRACTOR  TO  WHOM A CONTRACT IS LET SHALL CONDUCT
 APPROPRIATE YEARLY ANTI-SEXUAL HARASSMENT TRAINING. SUCH TRAINING  SHALL
 BE NO LESS THAN TWO HOURS IN LENGTH AND INTERACTIVE AND SHALL (I) DEFINE
 SEXUAL  HARASSMENT;  (II)  PROVIDE  EXAMPLES  OF  CONDUCT  THAT WOULD BE
 DEFINED AS UNLAWFUL SEXUAL HARASSMENT; (III) INCLUDE BUT NOT BE  LIMITED
 TO  INFORMATION  CONCERNING  THE  FEDERAL AND STATE STATUTORY PROVISIONS
 CONCERNING SEXUAL HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL
 HARASSMENT; AND (IV) INFORM EMPLOYEES OF THEIR RIGHTS OF REDRESS AND THE
 AVAILABILITY AND FORMS OF COMPLAINT RESOLUTION ASSISTANCE.

 S. 7848--A                          3
 
   4. A CLAUSE SHALL BE INSERTED  IN  ALL  CONTRACTS  HEREAFTER  MADE  OR
 AWARDED  BY THE STATE, OR BY ANY STATE AGENCY, REQUIRING A CONTRACTOR TO
 WHOM ANY CONTRACT SHALL BE LET, GRANTED OR AWARDED, AS REQUIRED BY  LAW,
 TO CERTIFY TO THE OFFICE OF GENERAL SERVICES NOT LATER THAN JUNE THIRTI-
 ETH  OF EACH YEAR DURING THE TERM OF THE CONTRACT THAT (I) SUCH CONTRAC-
 TOR HAS ADOPTED AN ANTI-SEXUAL HARASSMENT POLICY; (II) SUCH  POLICY  HAS
 BEEN  DELIVERED  TO EACH NEW EMPLOYEE; (III) SUCH POLICY HAS BEEN WIDELY
 DISTRIBUTED AND MADE AVAILABLE TO ALL EMPLOYEES;  AND  (IV)  ANTI-SEXUAL
 HARASSMENT TRAINING HAS BEEN CONDUCTED.
   5.  IF ANY CONTRACTOR FAILS TO CERTIFY PURSUANT TO SUBDIVISION FOUR OF
 THIS SECTION, SUCH CONTRACTOR SHALL HAVE SIXTY DAYS TO CURE SUCH DEFECT.
 IF AFTER SIXTY DAYS THE DEFECT HAS NOT BEEN CURED, THE CONTRACTOR  SHALL
 BE  PROHIBITED  FROM OBTAINING ANY ADDITIONAL STATE GOVERNMENT CONTRACTS
 UNTIL THE DEFECT IS CURED. THE OFFICE OF GENERAL SERVICES SHALL  PREPARE
 AND  DELIVER  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
 THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT IN SEPTEMBER OF  EACH  YEAR
 WHICH  IDENTIFIES THE NUMBER OF CONTRACTORS WHO, AS OF SEPTEMBER OF EACH
 YEAR HAVE FAILED TO COMPLY WITH SUBDIVISION FOUR OF THIS SECTION AND ARE
 PROHIBITED FROM OBTAINING ANY ADDITIONAL STATE GOVERNMENT CONTRACTS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART B
 
   Section 1. The general business law is amended by adding a new section
 398-f to read as follows:
   § 398-F. MANDATORY ARBITRATION CLAUSES; PROHIBITED. 1. DEFINITIONS. AS
 USED IN THIS SECTION:
   A. THE TERM "EMPLOYER" SHALL HAVE THE  SAME  MEANING  AS  PROVIDED  IN
 SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   B.  THE  TERM  "SEXUAL  HARASSMENT"  SHALL  HAVE  THE  SAME MEANING AS
 PROVIDED IN SUBDIVISION THIRTY-FIVE OF SECTION TWO HUNDRED NINETY-TWO OF
 THE EXECUTIVE LAW.
   C. THE TERM "PROHIBITED CLAUSE" SHALL MEAN ANY CLAUSE OR PROVISION  IN
 ANY  CONTRACT  WHICH  REQUIRES  AS A CONDITION OF THE ENFORCEMENT OF THE
 CONTRACT OR OBTAINING REMEDIES  UNDER  THE  CONTRACT  THAT  THE  PARTIES
 SUBMIT TO MANDATORY ARBITRATION TO RESOLVE ANY ALLEGATION OR CLAIM OF AN
 UNLAWFUL DISCRIMINATORY PRACTICE OF SEXUAL HARASSMENT.
   D.  THE  TERM  "MANDATORY  ARBITRATION  CLAUSE"  SHALL  MEAN A TERM OR
 PROVISION CONTAINED IN A WRITTEN CONTRACT WHICH REQUIRES THE PARTIES  TO
 SUCH  CONTRACT  TO  SUBMIT  ANY  MATTER  THEREAFTER  ARISING  UNDER SUCH
 CONTRACT TO ARBITRATION PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION TO
 ENFORCE THE PROVISIONS OF SUCH CONTRACT AND WHICH ALSO FURTHER  PROVIDES
 LANGUAGE TO THE EFFECT THAT THE FACTS FOUND OR DETERMINATION MADE OF THE
 ARBITRATOR  OR PANEL OF ARBITRATORS IN ITS APPLICATION TO A PARTY ALLEG-
 ING AN UNLAWFUL DISCRIMINATORY PRACTICE BASED ON SEXUAL HARASSMENT SHALL
 BE FINAL AND NOT SUBJECT TO INDEPENDENT COURT REVIEW.
   E. THE TERM "ARBITRATION" SHALL MEAN THE  USE  OF  A  DECISION  MAKING
 FORUM  CONDUCTED  BY  AN  ARBITRATOR  OR PANEL OF ARBITRATORS WITHIN THE
 MEANING AND SUBJECT TO THE PROVISIONS OF  ARTICLE  SEVENTY-FIVE  OF  THE
 CIVIL PRACTICE LAW AND RULES.
   2.  A.  PROHIBITION. NO WRITTEN CONTRACT, ENTERED INTO ON OR AFTER THE
 EFFECTIVE DATE OF THIS SECTION SHALL  CONTAIN  A  PROHIBITED  CLAUSE  AS
 DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION.
   B. EXCEPTIONS. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO
 IMPAIR  OR  PROHIBIT  AN  EMPLOYER  FROM  INCORPORATING A NON-PROHIBITED

 S. 7848--A                          4
 
 CLAUSE OR OTHER MANDATORY ARBITRATION PROVISION  WITHIN  SUCH  CONTRACT,
 THAT THE PARTIES AGREE UPON.
   C.  MANDATORY ARBITRATION CLAUSE NULL AND VOID. THE PROVISIONS OF SUCH
 A MANDATORY ARBITRATION CLAUSE SHALL BE NULL AND VOID. THE INCLUSION  OF
 SUCH CLAUSE IN A WRITTEN CONTRACT SHALL NOT SERVE TO IMPAIR THE ENFORCE-
 ABILITY OF ANY OTHER PROVISION OF SUCH CONTRACT.
   3.  WHERE THERE IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREE-
 MENT AND THIS SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
                                  PART C
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 35 to read as follows:
   35.  THE  TERM  "SEXUAL  HARASSMENT"  MEANS UNWELCOME SEXUAL ADVANCES,
 REQUESTS FOR SEXUAL FAVORS, OR OTHER VERBAL OR  PHYSICAL  CONDUCT  OF  A
 SEXUAL  NATURE IF SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A
 TERM OR CONDITION OF EMPLOYMENT, OR SUBMISSION TO OR REJECTION  OF  SUCH
 CONDUCT IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDI-
 VIDUAL'S EMPLOYMENT, OR SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREA-
 SONABLY INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN
 INTIMIDATING,  HOSTILE  OR  OFFENSIVE  WORK  ENVIRONMENT,  EVEN  IF  THE
 COMPLAINING INDIVIDUAL IS NOT THE INTENDED TARGET OF THE SEXUAL  HARASS-
 MENT.
   §  2.  The  executive  law is amended by adding a new section 296-d to
 read as follows:
   § 296-D. SEXUAL HARASSMENT RELATING TO NON-EMPLOYEES.  1. AN  EMPLOYER
 MAY BE HELD LIABLE FOR THE ACTS OF NON-EMPLOYEES, WITH RESPECT TO "SEXU-
 AL  HARASSMENT"  AS  SUCH  TERM IS DEFINED IN SUBDIVISION THIRTY-FIVE OF
 SECTION TWO HUNDRED NINETY-TWO OF THIS ARTICLE WHEN  THE  EMPLOYER,  ITS
 AGENTS  OR  SUPERVISORS  KNEW  OR SHOULD HAVE KNOWN THAT ITS CONTRACTOR,
 VENDOR, CONSULTANT OR OTHER PERSON  PROVIDING  SERVICES  PURSUANT  TO  A
 CONTRACT  IN  THE  WORKPLACE  OR  EMPLOYEES  OF SUCH CONTRACTOR, VENDOR,
 CONSULTANT OR OTHER PERSON PROVIDING SERVICES PURSUANT TO A CONTRACT  IN
 THE  WORKPLACE  WAS  SUBJECTED  TO  "SEXUAL  HARASSMENT" AS SUCH TERM IS
 DEFINED IN SUBDIVISION THIRTY-FIVE OF SECTION TWO HUNDRED NINETY-TWO  OF
 THIS ARTICLE BY AN EMPLOYEE AND THE EMPLOYER FAILS TO TAKE IMMEDIATE AND
 APPROPRIATE  CORRECTIVE ACTION. IN REVIEWING CASES INVOLVING THE ACTS OF
 NON-EMPLOYEES, THE EXTENT OF THE EMPLOYER'S CONTROL AND ANY OTHER  LEGAL
 RESPONSIBILITY  WHICH  THE EMPLOYER MAY HAVE WITH RESPECT TO THE CONDUCT
 OF THOSE NON-EMPLOYEES SHALL BE CONSIDERED.
   2. EMPLOYERS SHALL TAKE ALL REASONABLE STEPS TO PREVENT SEXUAL HARASS-
 MENT FROM OCCURRING.
   § 3. The executive law is amended by adding a new section 656 to  read
 as follows:
   § 656. INDIVIDUAL LIABILITY FOR SEXUAL HARASSMENT. A. FOR THE PURPOSES
 OF  THIS  SECTION,  "SEXUAL  HARASSMENT"  SHALL INCLUDE UNWELCOME SEXUAL
 ADVANCES, REQUESTS FOR  SEXUAL  FAVORS,  OR  OTHER  VERBAL  OR  PHYSICAL
 CONDUCT  OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO SUCH CONDUCT IS MADE
 EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF  AN  INDIVIDUAL'S
 EMPLOYMENT;  (II) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDI-
 VIDUAL IS USED AS THE BASIS  FOR  EMPLOYMENT  DECISIONS  AFFECTING  SUCH
 INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFER-
 ING  WITH  AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING,
 HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.

 S. 7848--A                          5
 
   B. THE OFFICE OF EMPLOYEE RELATIONS SHALL REVIEW EACH PROPOSED  AGREED
 JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCON-
 TINUANCE OR OTHER AGREEMENT TO RESOLVE ANY INTERNAL COMPLAINT, COMPLAINT
 TO THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR NEW YORK
 DIVISION  OF  HUMAN RIGHTS, OR OTHER COMPLAINT FILED BY AN EMPLOYEE OF A
 "STATE AGENCY" AS SUCH TERM IS DEFINED BY  SECTION  ONE  HUNDRED  FORTY-
 EIGHT  OF  THE  STATE  FINANCE  LAW, THAT HAS NOT BEEN FILED IN STATE OR
 FEDERAL COURT, IF THE ACT OR OMISSION FROM WHICH  SUCH  COMPLAINT  AROSE
 INVOLVED  SEXUAL HARASSMENT.  THE OFFICE OF EMPLOYEE RELATIONS SHALL NOT
 APPROVE SUCH AGREEMENT TO THE EXTENT SUCH AGREEMENT INCLUDES A  PROPOSAL
 FOR THE STATE TO INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE FOR THE EMPLOY-
 EE'S  INDIVIDUAL LIABILITY WITH RESPECT TO ANY PORTION OF THE JUDGEMENT,
 STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE OR
 OTHER AGREEMENT THAT IS BASED UPON AN ALLEGATION OF SEXUAL HARASSMENT.
   § 4. Section 17 of the public officers law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  (A)  FOR  THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL
 INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR  OTHER
 VERBAL  OR  PHYSICAL  CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO
 SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OF CONDITION
 OF AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION TO OR REJECTION  OF  SUCH
 CONDUCT  BY  AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS
 AFFECTING SUCH INDIVIDUAL; OR (III) SUCH  CONDUCT  HAS  THE  PURPOSE  OR
 EFFECT  OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING
 AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
   (B) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR  LAW,  THE  STATE
 SHALL  NOT  INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE IN THE AMOUNT OF ANY
 FINAL JUDGMENT OBTAINED AGAINST SUCH EMPLOYEE IN ANY  STATE  OR  FEDERAL
 COURT,  OR  IN THE AMOUNT OF ANY SETTLEMENT OF A CLAIM, OF SUCH EMPLOYEE
 OR OFFICER'S INTENTIONAL WRONGDOING WHERE THERE IS A FINDING  OR  ADMIS-
 SION OF SEXUAL HARASSMENT IN ANY LEGAL PROCEEDING, SUBJECT TO A PROCEED-
 ING BEFORE A COURT OF COMPETENT JURISDICTION. NOTHING SHALL PROHIBIT THE
 PROVISIONAL  INDEMNIFICATION  FOR THE PURPOSE OF AN AWARD TO THE DAMAGED
 PARTY.
   § 5. Section 17 of the public officers law is amended by adding a  new
 subdivision 13 to read as follows:
   13.  ANY  PAYMENT  TO  ANY  COMPLAINANT  SHALL BE SUBJECT TO THE STATE
 RECEIVING IN WRITING AN EXECUTED DOCUMENT PROVIDING THE STATE  WITH  ALL
 SUBROGATION  RIGHTS OF THE CLAIMANT TO COSTS OR DAMAGES FROM ANY RESPON-
 SIBLE PARTY. THE STATE SHALL AT A MINIMUM WITHIN THIRTY DAYS COMMENCE AN
 IMMEDIATE SEPARATE SUMMARY ACTION OR PROCEEDING AGAINST THE  APPROPRIATE
 PARTY TO RECOUP SUCH PUBLIC MONIES EXPENDED.
   § 6. Subdivision 3 of section 17 of the public officers law is amended
 by adding a new paragraph (e) to read as follows:
   (E)  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR
 CAUSE OF ACTION, WHETHER  ARISING  UNDER  COMMON  LAW,  EQUITY,  OR  ANY
 PROVISION  OF  LAW,  THE  FACTUAL  FOUNDATION  FOR WHICH INVOLVES SEXUAL
 HARASSMENT AS SUCH TERM IS DEFINED IN SUBDIVISION THIRTY-FIVE OF SECTION
 TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW,  IN  RESOLVING,  BY  AGREED
 JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCON-
 TINUANCE OR OTHERWISE, NO STATE AGENCY OR EMPLOYEE ACTING IN THEIR OFFI-
 CIAL CAPACITY SHALL HAVE THE AUTHORITY TO INCLUDE OR AGREE TO INCLUDE IN
 SUCH  RESOLUTION ANY TERM OR CONDITION THAT WOULD PREVENT THE DISCLOSURE
 OF ANY OR ALL FACTUAL INFORMATION  RELATED  TO  THE  ACTION  UNLESS  THE
 CONDITION  OF  CONFIDENTIALITY IS THE COMPLAINANT'S PREFERENCE. ANY SUCH
 CONDITION MUST BE PROVIDED TO THE COMPLAINANT, WHO SHALL HAVE TWENTY-ONE

 S. 7848--A                          6

 DAYS TO CONSIDER THE CONDITION.  IF AFTER TWENTY-ONE DAYS,  SUCH  CONDI-
 TION IS THE COMPLAINANT'S PREFERENCE, SUCH PREFERENCE SHALL BE MEMORIAL-
 IZED IN AN AGREEMENT SIGNED BY THE COMPLAINANT.
   §  7. Paragraph (d) of subdivision 4 of section 18 of the public offi-
 cers law is relettered paragraph (e) and a new paragraph (d) is added to
 read as follows:
   (D)(I) FOR THE PURPOSES OF THIS  SECTION,  "SEXUAL  HARASSMENT"  SHALL
 INCLUDE  UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER
 VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN:  (A)  SUBMISSION  TO
 SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION
 OF  AN  INDIVIDUAL'S  EMPLOYMENT; (B) SUBMISSION TO OR REJECTION OF SUCH
 CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR  EMPLOYMENT  DECISIONS
 AFFECTING SUCH INDIVIDUAL; OR (C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT
 OF  INTERFERING  WITH  AN  INDIVIDUAL'S  WORK PERFORMANCE OR CREATING AN
 INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
   (II) NO PUBLIC ENTITY SHALL INDEMNIFY OR  SAVE  HARMLESS  AN  EMPLOYEE
 WITH  RESPECT  TO THE AMOUNT OF ANY FINAL JUDGMENT OBTAINED AGAINST SUCH
 EMPLOYEE IN ANY STATE OR FEDERAL COURT, OR IN THE AMOUNT OF ANY  SETTLE-
 MENT  OF  A  CLAIM, OF SUCH EMPLOYEE OR OFFICER'S INTENTIONAL WRONGDOING
 WHERE THERE IS A FINDING OR ADMISSION OF SEXUAL HARASSMENT IN ANY  LEGAL
 PROCEEDING,  SUBJECT  TO A PROCEEDING BEFORE A COURT OF COMPETENT JURIS-
 DICTION. NOTHING SHALL PROHIBIT THE PROVISIONAL INDEMNIFICATION FOR  THE
 PURPOSE OF AN AWARD TO THE DAMAGED PARTY.
   (III)  ANY  PAYMENT  TO ANY COMPLAINANT SHALL BE SUBJECT TO THE PUBLIC
 ENTITY RECEIVING IN WRITING AN EXECUTED DOCUMENT  PROVIDING  THE  PUBLIC
 ENTITY  WITH  ALL SUBROGATION RIGHTS OF THE CLAIMANT TO COSTS OR DAMAGES
 FROM ANY RESPONSIBLE PARTY. THE PUBLIC ENTITY SHALL AT A MINIMUM  WITHIN
 THIRTY  DAYS COMMENCE AN IMMEDIATE SEPARATE SUMMARY ACTION OR PROCEEDING
 AGAINST THE APPROPRIATE PARTY TO RECOUP SUCH PUBLIC MONIES EXPENDED.
   § 8. This act shall take effect immediately.
 
                                  PART D
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 5003-b to read as follows:
   § 5003-B. ACTIONS FOR SEXUAL HARASSMENT. WITH RESPECT TO  ALL  ACTIONS
 TO  RECOVER  DAMAGES  FOR SEXUAL HARASSMENT, AS DEFINED IN SECTION THREE
 HUNDRED NINETY-EIGHT-F OF THE  GENERAL  BUSINESS  LAW,  NO  COURT  SHALL
 ACCEPT  ANY  SETTLEMENT,  INCLUDING  ANY  CONFIDENTIALITY  AGREEMENT  OR
 PROVISION THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFOR-
 MATION RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY  IS
 THE  COMPLAINANT'S PREFERENCE AND THE COURT HAS CONSIDERED THE POTENTIAL
 IMPACT ON THE PUBLIC AND FINDS THAT THE COMPLAINANT'S PREFERENCE IS  NOT
 A  RESULT OF INTIMIDATION, COERCION, RETALIATION, OR THREATS DIRECTED AT
 THE COMPLAINANT.  ANY SUCH CONDITION MUST BE PROVIDED IN WRITING TO  THE
 COMPLAINANT AND TO THE COURT FOR CONSIDERATION.  IF THE COURT DETERMINES
 THAT  ANY  OR ALL OF THE FACTUAL INFORMATION RELATED TO THE ACTION SHALL
 NOT BE DISCLOSED, THE PREFERENCE SHALL BE MEMORIALIZED IN  AN  AGREEMENT
 SIGNED  BY THE COMPLAINANT. PROVIDED, HOWEVER, SUBJECT TO THE PROVISIONS
 OF THE DOMESTIC RELATIONS LAW, A  SETTLEMENT  AGREEMENT  MAY  INCLUDE  A
 CONFIDENTIALITY  PROVISION  ONLY  IF  SUCH  PROVISION IS APPROVED BY THE
 COURT FOR GOOD CAUSE IN AN OPEN PROCEEDING.
   § 2. The general municipal law is amended by adding a new section 70-b
 to read as follows:
   § 70-B. CONFIDENTIAL SETTLEMENTS. A. FOR THE PURPOSES OF THIS SECTION,
 SEXUAL HARASSMENT INCLUDES UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXU-

 S. 7848--A                          7
 
 AL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN:
 (I) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A
 TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION  TO  OR
 REJECTION  OF  SUCH  CONDUCT  BY  AN INDIVIDUAL IS USED AS THE BASIS FOR
 EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR  (III)  SUCH  CONDUCT
 HAS  THE  PURPOSE  OR  EFFECT  OF  INTERFERING WITH AN INDIVIDUAL'S WORK
 PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR  OFFENSIVE  WORKING
 ENVIRONMENT.
   B.  NOTWITHSTANDING  ANY  OTHER  LAW TO THE CONTRARY, FOR ANY CLAIM OR
 CAUSE OF ACTION, WHETHER FILED OR  UNFILED,  ACTUAL  OR  POTENTIAL,  AND
 WHETHER  ARISING  UNDER COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, THE
 FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL HARASSMENT,  IN  RESOLVING,
 BY  AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE
 OF DISCONTINUANCE OR  OTHERWISE,  EVERY  COUNTY,  CITY,  TOWN,  VILLAGE,
 SCHOOL  DISTRICT  AND  OTHER POLITICAL SUBDIVISION, OFFICIAL OR EMPLOYEE
 ACTING IN THEIR OFFICIAL  CAPACITY  SHALL  NOT  HAVE  THE  AUTHORITY  TO
 INCLUDE  OR  AGREE  TO  INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDITION
 THAT WOULD PREVENT THE DISCLOSURE OF  ANY  OR  ALL  FACTUAL  INFORMATION
 RELATED  TO  THE  ACTION  UNLESS THE CONDITION OF CONFIDENTIALITY IS THE
 COMPLAINANT'S PREFERENCE. ANY SUCH CONDITION MUST  BE  PROVIDED  TO  THE
 COMPLAINANT,  WHO  SHALL HAVE TWENTY-ONE DAYS TO CONSIDER THE CONDITION.
 IF AFTER TWENTY-ONE DAYS, SUCH CONDITION IS  THE  COMPLAINANT'S  PREFER-
 ENCE,  SUCH  PREFERENCE  SHALL BE MEMORIALIZED IN AN AGREEMENT SIGNED BY
 THE COMPLAINANT.
   § 3. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision 3 of section 74 of the public officers  law  is
 amended by adding a new paragraph j to read as follows:
   J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE
 OR  LEGISLATIVE  EMPLOYEE SHALL COMMIT AN ACT OF SEXUAL HARASSMENT WHILE
 SERVING IN HIS OR HER  OFFICIAL  CAPACITY.  FOR  THE  PURPOSES  OF  THIS
 SECTION,  "SEXUAL  HARASSMENT"  SHALL INCLUDE UNWELCOME SEXUAL ADVANCES,
 REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL  CONDUCT  OF  A
 SEXUAL  NATURE WHEN SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY
 OR IMPLICITLY  A  TERM  OR  CONDITION  OF  AN  INDIVIDUAL'S  EMPLOYMENT,
 SUBMISSION  TO  OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS
 THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING  SUCH  INDIVIDUAL  OR  SUCH
 CONDUCT  HAS  THE  PURPOSE OR EFFECT OF INTERFERING WITH AN INDIVIDUAL'S
 WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTEL, OR OFFENSIVE WORK-
 ING ENVIRONMENT.
   § 2. Subdivision 4 of section  74  of  the  public  officers  law,  as
 amended  by  chapter  14  of  the  laws  of  2007, is amended to read as
 follows:
   4. A. Violations. In addition to any penalty contained  in  any  other
 provision of law any such officer, member or employee who shall knowing-
 ly  and  intentionally violate any of the provisions of this section may
 be fined, suspended or removed from office or employment in  the  manner
 provided  by  law.  Any  such individual who knowingly and intentionally
 violates the provisions of paragraph b, c, d or i of  subdivision  three
 of  this section shall be subject to a civil penalty in an amount not to
 exceed ten thousand dollars and the value of any gift,  compensation  or
 benefit  received as a result of such violation. Any such individual who
 knowingly and intentionally violates the provisions of paragraph a, e or
 g of subdivision three of this section  shall  be  subject  to  a  civil

 S. 7848--A                          8
 
 penalty  in  an amount not to exceed the value of any gift, compensation
 or benefit received as a result of such violation.
   B.  SEXUAL HARASSMENT VIOLATIONS. IN ADDITION TO ANY PENALTY CONTAINED
 IN ANY OTHER PROVISION OF LAW ANY SUCH OFFICER, MEMBER OR  EMPLOYEE  WHO
 SHALL VIOLATE THE PROVISIONS OF PARAGRAPH J OF SUBDIVISION THREE OF THIS
 SECTION  SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY OF UP TO TEN THOUSAND
 DOLLARS, AND MAY BE SUBJECT TO PROCEEDINGS  FOR  SUSPENSION  OR  REMOVAL
 FROM  OFFICE  OR  EMPLOYMENT  BY  THE APPROPRIATE ADMINISTRATIVE ACTION,
 WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR
 LAW.
   § 3. Subdivision 9 of section 94 of the executive law  is  amended  by
 adding a new paragraph (o) to read as follows:
   (O)  ESTABLISH  A UNIT TO RECEIVE AND INVESTIGATE COMPLAINTS OF SEXUAL
 HARASSMENT THAT CONSTITUTE VIOLATIONS  OF  PARAGRAPH  J  OF  SUBDIVISION
 THREE  OF  SECTION  SEVENTY-FOUR  OF  THE PUBLIC OFFICERS LAW. SUCH UNIT
 SHALL MAINTAIN A PHONE NUMBER  TO  RECEIVE  COMPLAINTS,  AND  POST  SUCH
 NUMBER  AND  INSTRUCTIONS FOR FILING A COMPLAINT OF SEXUAL HARASSMENT ON
 THE COMMISSION'S PUBLICLY ACCESSIBLE WEBSITE.
   § 4. Subdivision 13 of section 94 of the executive law is  amended  by
 adding a new paragraph (d) to read as follows:
   (D)  FOR  AN  ALLEGED VIOLATION OF PARAGRAPH J OF SUBDIVISION THREE OF
 SECTION SEVENTY-FOUR OF THE PUBLIC  OFFICERS  LAW,  FILING  A  COMPLAINT
 SHALL NOT CONSTITUTE AN ELECTION OF REMEDIES. AN INDIVIDUAL SHALL NOT BE
 REQUIRED  TO  EXHAUST  OTHER AVAILABLE ADMINISTRATIVE REMEDIES TO FILE A
 COMPLAINT. NEITHER THE FILING OF A COMPLAINT AT THE  CONCLUSION  OF  ANY
 INVESTIGATION  BY THE COMMISSION SHALL RESTRICT A COMPLAINANT'S RIGHT TO
 BRING A SEPARATE ACTION ADMINISTRATIVELY OR IN A COURT OF LAW. NOTICE TO
 ANY COMPLAINANT SHALL BE PROVIDED UPON THE CLOSURE OF ANY INVESTIGATION.
 HOWEVER, THE INDIVIDUAL SHALL NOTIFY  THE  COMMISSION  OF  ANY  SEPARATE
 ADMINISTRATIVE ACTION OR ACTION IN THE COURT OF LAW RELATING TO THE SAME
 COMPLAINT.  THE  COMMISSION  MAY  STAY  THE MATTER BEFORE IT PENDING THE
 DETERMINATION/CONCLUSION OF THE SEPARATE ACTION.
   § 5. This act shall take effect immediately.
 
                                  PART F
 
   Section 1. The executive law is amended by adding a new section 655 to
 read as follows:
   § 655. SEXUAL HARASSMENT PREVENTION  POLICY.  A.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF EMPLOYEE RELATIONS
 SHALL  DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO EACH
 AGENCY, OFFICE OR DEPARTMENT, WHICH SHALL INCLUDE  INFORMATION  RELATING
 TO  HOW  AND WITH WHOM TO FILE A COMPLAINT; THE INVESTIGATION PROCEDURES
 AND A STANDARD COMPLAINT FORM.  THE SEXUAL HARASSMENT PREVENTION  POLICY
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
   (I) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "SEXUAL  HARASSMENT"  SHALL  INCLUDE  UNWELCOME  SEXUAL ADVANCES,
 REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL  CONDUCT  OF  A
 SEXUAL  NATURE  WHEN:  (1)  SUBMISSION  TO  SUCH  CONDUCT IS MADE EITHER
 EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S  EMPLOY-
 MENT; (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS
 USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
 (3)  SUCH CONDUCT HAS THE PURPOSE OF EFFECT OF INTERFERING WITH AN INDI-
 VIDUAL'S WORK PERFORMANCE  OR  CREATING  AN  INTIMIDATING,  HOSTILE,  OR
 OFFENSIVE WORKING ENVIRONMENT.

 S. 7848--A                          9
 
   (B)  "EMPLOYEE" SHALL INCLUDE ANY AGENCY, OFFICE OR DEPARTMENT EMPLOY-
 EE, APPLICANT, INTERN, FELLOW, VOLUNTEER OR  OTHER  INDIVIDUAL  PAID  OR
 UNPAID  INVOLVED  IN  THE OPERATION OF THE AGENCY, OFFICE OR DEPARTMENT,
 CONTRACTOR, VENDOR OR CONSULTANT OR EMPLOYEE OF ANY  CONTRACTOR,  VENDOR
 OR CONSULTANT IN THE WORKPLACE OF ANY AGENCY, OFFICE OR DEPARTMENT.
   (II) INSTRUCTIONS TO FILE A COMPLAINT.  (A) COMPLAINTS MAY BE FILED BY
 AN  EMPLOYEE  TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
 TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR.  ANY SUPERVISORY OR MANAGE-
 RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF  CONDUCT  OF  A
 SEXUALLY  HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
 COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED.  IF  THE  OFFICE  OF
 EMPLOYMENT  RELATIONS  OTHERWISE  BECOMES AWARE OF CONDUCT OF A SEXUALLY
 HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED  IMMEDIATE-
 LY.
   (B)  A  STANDARD  COMPLAINT  FORM.  A STANDARD COMPLAINT FORM SHALL BE
 AVAILABLE TO EVERY EMPLOYEE IN THE NEW EMPLOYEE ORIENTATION MATERIAL AND
 ON THE AGENCY, OFFICE, OR DEPARTMENT'S INTRANET. IF AN EMPLOYEE MAKES AN
 ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE  THE
 EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
 FILL  OUT  THE  COMPLAINT FORM, THE PERSON RECEIVING THE COMPLAINT SHALL
 FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
   (III) INVESTIGATION PROCEDURE. (A) THE OFFICE  OF  EMPLOYEE  RELATIONS
 SHALL  DESIGNATE  AN  INDIVIDUAL  TO  INVESTIGATE  COMPLAINTS  OF SEXUAL
 HARASSMENT FOR EACH AGENCY, OFFICE, AND DEPARTMENT. UPON  RECEIPT  OF  A
 COMPLAINT  OF  SEXUAL  HARASSMENT,  A  SUPERVISOR,  MANAGERIAL EMPLOYEE,
 PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR SHALL IMME-
 DIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED  INDIVIDUAL,  WHO  SHALL
 OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL ENSURE THAT HE OR
 SHE  DOES  NOT  HAVE  A  CONFLICT  OF INTEREST IN THE ALLEGATIONS IN THE
 COMPLAINT, AND IF THERE IS ANY SUSPECTED CONFLICT OF INTEREST, THE INDI-
 VIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF EMPLOYEE RELATIONS,  WHICH
 SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
   (B)  AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
 TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE  TO  ITS  COMPLEXITY,  A
 REQUEST  FOR  AN  EXTENSION  MAY  BE SUBMITTED TO THE OFFICE OF EMPLOYEE
 RELATIONS.
   (C) ANY COMPLAINT OF SEXUAL  HARASSMENT  WILL  BE  KEPT  CONFIDENTIAL,
 INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
 THE  ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE
 INVESTIGATIONS.
   (D) ANY APPROPRIATE REMEDIAL STEPS MAY  BE  TAKEN  TO  PREVENT  INTIM-
 IDATION,  RETALIATION,  OR  COERCION  OF  THE COMPLAINANT BY THE ALLEGED
 HARASSER.  SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
 ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING  THE
 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT, OR REMOVING THE ALLEGED
 HARASSER FROM THE WORKPLACE.
   (E) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
   (1)  THE  DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
 INCLUDE AT A MINIMUM:
   (I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE  ALLEGATIONS;
 THE  EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
 AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR  RELEVANT  INCIDENTS
 OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
   (II)  IDENTIFICATION  OF  THE  COMPLAINANT,  ALLEGED HARASSER, AND ANY
 RELEVANT WITNESSES;

 S. 7848--A                         10

   (III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL  HOLD  REQUEST  ON
 ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
   (IV) A DETERMINATION OF ANY NECESSARY SITE VISITS;
   (2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
   (3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
 CONFORM  TO  THE  REQUIREMENTS  OF  ANY APPLICABLE COLLECTIVE BARGAINING
 AGREEMENT OR LAW; AND
   (4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
   (IV) COMPLETION OF THE INVESTIGATION.  (A) AFTER THE COMPLETION OF  AN
 INVESTIGATION,  THE  INDIVIDUAL  WHO  CONDUCTED  THE INVESTIGATION SHALL
 DRAFT A REPORT, USING A STANDARD  FORMAT  DEVELOPED  BY  THE  OFFICE  OF
 EMPLOYEE  RELATIONS. SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF
 RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A  SUMMARY
 OF  THEIR  STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
 INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
   (B) THE REPORT SHALL BE  SUBMITTED  TO  THE  COUNSEL  AT  THE  AGENCY,
 OFFICE, OR DEPARTMENT FOR REVIEW AND RECOMMENDATION. NO MORE THAN THIRTY
 DAYS  AFTER  THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION
 SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT  THE  COMPLAINT  OR  A
 COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE
 ACTION  SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE
 BARGAINING AGREEMENT OR LAW.
   B. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO  THE  FOLLOW-
 ING:
   (I) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
 STATE  AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
 ALL STATE AGENCIES, OFFICES, AND DEPARTMENTS;
   (II) CONTAIN A  STATEMENT  THAT  RETALIATION  AGAINST  A  COMPLAINANT,
 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
   (III) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
 COMPLAINT  WITH  THE  UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
 SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS;
   (IV) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE  A
 RIGHT  TO  FILE  A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
 WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
 SUCH A COMPLAINT;
   (V) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS  FOR
 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF STATE AGEN-
 CIES,  OFFICES,  DEPARTMENTS,  INCLUDING  THE  EXECUTIVE DEPARTMENT UPON
 COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
   (VI) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE  TRAINING  FOR  ALL
 EMPLOYEES  OF  STATE  AGENCIES,  OFFICES, AND DEPARTMENTS, INCLUDING THE
 EXECUTIVE DEPARTMENT.
   C. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS  TO
 ANY EMPLOYEE AND NOTHING HEREIN ABROGATES COMPLIANCE WITH ANY LAW, RULE,
 OR  REGULATION  THAT  GRANTS  RIGHTS  TO  AN  EMPLOYEE. WHERE THERE IS A
 CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND  THIS  SECTION,
 SUCH AGREEMENT SHALL BE CONTROLLING.
   §  2.  Section  80  of  the legislative law is amended by adding a new
 subdivision 8-a to read as follows:
   8-A. THE LEGISLATIVE ETHICS COMMISSION SHALL RECEIVE  AND  INVESTIGATE
 COMPLAINTS  OF  "SEXUAL  HARASSMENT"  AS SUCH TERM IS DEFINED IN SECTION
 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, RECEIVED FROM ANY "EMPLOYEE" AS
 SUCH TERM IS DEFINED BY SECTION EIGHTY-ONE OF THIS ARTICLE.

 S. 7848--A                         11

   A. STANDARD COMPLAINT FORM. THE LEGISLATIVE  ETHICS  COMMISSION  SHALL
 ENSURE  THAT A STANDARD COMPLAINT FORM IS AVAILABLE TO EVERY EMPLOYEE OF
 THE LEGISLATURE. IF AN EMPLOYEE MAKES  AN  ORAL  COMPLAINT,  THE  PERSON
 RECEIVING  SUCH  COMPLAINT  SHALL  ENCOURAGE  THE EMPLOYEE TO FILL OUT A
 STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT FILL OUT THE COMPLAINT
 FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
   B.  INVESTIGATION  PROCEDURE. UPON THE RECEIPT OF A COMPLAINT BASED ON
 SEXUAL HARASSMENT THE  EXECUTIVE  DIRECTOR  OF  THE  LEGISLATIVE  ETHICS
 COMMISSION  OR  HIS  OR  HER  DESIGNEE  SHALL DESIGNATE AN INDIVIDUAL TO
 INVESTIGATE THE COMPLAINT OF SEXUAL HARASSMENT.  THE DESIGNATED INDIVID-
 UAL SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST  IN
 THE ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTER-
 EST,  THE  LEGISLATIVE  ETHICS  COMMISSION  SHALL IMMEDIATELY NOTIFY THE
 LEGISLATURE AND THE LEGISLATIVE ETHICS COMMISSION SHALL DESIGNATE ANOTH-
 ER INDIVIDUAL TO CONDUCT THE INVESTIGATION. NOTICE SHALL BE PROVIDED  TO
 THE PERSONS INVOLVED.
   C.  (I)  THE  COMPLAINANT SHALL BE NOTIFIED OF THE STATUTORY PERIOD IN
 WHICH TO FILE A COMPLAINT  WITH  THE  UNITED  STATES  EQUAL  OPPORTUNITY
 COMMISSION AND THE NEW YORK STATE DIVISION OF HUMAN RIGHTS.
   (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
 TIME  IS  NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, THE
 TIME MAY BE EXTENDED AN ADDITIONAL TEN DAYS AT  THE  DISCRETION  OF  THE
 LEGISLATIVE ETHICS COMMISSION.
   (III)  ANY  COMPLAINT  OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
 INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
 ALLEGED HARASSER TO THE EXTENT PRACTICABLE  DURING  THE  COURSE  OF  THE
 INVESTIGATIONS.
   (D)  COMPLETION  OF  THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
 INVESTIGATION, THE INDIVIDUAL  WHO  CONDUCTED  THE  INVESTIGATION  SHALL
 DRAFT  A  REPORT,  USING  A STANDARD FORMAT DEVELOPED BY THE LEGISLATIVE
 ETHICS COMMISSION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF
 RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A  SUMMARY
 OF  THEIR  STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
 INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
   (II) NO MORE THAN THIRTY DAYS AFTER THE COMPLETION  OF  SUCH  INVESTI-
 GATION,  A  LEGAL  DETERMINATION SHALL BE ISSUED. IF THERE IS A DETERMI-
 NATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS SUBSTANTI-
 ATED, APPROPRIATE ADMINISTRATIVE ACTION  SHALL  BE  TAKEN,  WHICH  SHALL
 CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
   §  3.  Article  5  of  the  legislative law is amended by adding a new
 section 81 to read as follows:
   § 81. SEXUAL HARASSMENT  PREVENTION  POLICY.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW TO THE CONTRARY, EACH HOUSE OF THE LEGISLATURE
 SHALL DEVELOP A  SEXUAL  HARASSMENT  PREVENTION  POLICY,  APPLICABLE  TO
 MEMBERS  OF  THE  LEGISLATURE AND ALL LEGISLATIVE EMPLOYEES, WHICH SHALL
 INCLUDE INVESTIGATION PROCEDURES AND  A  STANDARD  COMPLAINT  FORM.  THE
 SEXUAL  HARASSMENT  PREVENTION  POLICY SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE FOLLOWING ELEMENTS:
   (A) DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING  MEAN-
 INGS:
   (I)  "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
 SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A  SEXUAL  NATURE
 WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT-
 LY,  AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN
 INDIVIDUAL'S WORK PERFORMANCE OR CREATES  AN  INTIMIDATING,  HOSTILE  OR

 S. 7848--A                         12
 
 OFFENSIVE  WORK  ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO
 OR DISCHARGE OF THE INDIVIDUAL.
   (II)  "EMPLOYEE"  SHALL  INCLUDE  ANY LEGISLATIVE EMPLOYEE, APPLICANT,
 INTERN, FELLOW, VOLUNTEER OR OTHER INDIVIDUAL PAID OR UNPAID INVOLVED IN
 THE OPERATION OF THE LEGISLATURE, CONTRACTOR, VENDOR  OR  CONSULTANT  OR
 EMPLOYEE OF ANY CONTRACTOR, VENDOR OR CONSULTANT IN THE WORKPLACE OF THE
 LEGISLATURE.
   (B)  INSTRUCTIONS  TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
 AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE,  PERSONNEL  ADMINIS-
 TRATOR,  AFFIRMATIVE  ACTION  ADMINISTRATOR  OR  THE  LEGISLATIVE ETHICS
 COMMISSION. ANY SUPERVISORY  OR  MANAGERIAL  EMPLOYEE  WHO  OBSERVES  OR
 OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, SHALL
 REPORT  SUCH  CONDUCT AS SET FORTH IN THE COMPLAINT PROCEDURE SO THAT IT
 CAN BE INVESTIGATED.
   (II) A STANDARD COMPLAINT FORM. A STANDARD  COMPLAINT  FORM  SHALL  BE
 AVAILABLE  TO EVERY EMPLOYEE OF THE LEGISLATURE. IF AN EMPLOYEE MAKES AN
 ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE  THE
 EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
 FILL  OUT  THE COMPLAINT FORM, THE PERSON RECEIVING SUCH COMPLAINT SHALL
 FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
   (C) INVESTIGATION PROCEDURE. (I) THE LEGISLATURE  SHALL  DESIGNATE  AN
 INDEPENDENT  ATTORNEY  SPECIALIZING  IN  EMPLOYMENT  LAW  TO INVESTIGATE
 COMPLAINTS BASED ON SEXUAL HARASSMENT. NOTICE SHALL BE PROVIDED  TO  THE
 PERSONS INVOLVED. THE COMPLAINANT SHALL ALSO BE NOTIFIED OF THE STATUTO-
 RY  PERIOD  IN  WHICH  TO  FILE A COMPLAINT WITH THE UNITED STATES EQUAL
 OPPORTUNITY COMMISSION AND THE NEW YORK STATE DIVISION OF  HUMAN  RIGHTS
 AND  THE  RIGHT  TO  FILE  THEIR  COMPLAINT  WITH THE LEGISLATIVE ETHICS
 COMMISSION, AND THE JOINT COMMISSION ON PUBLIC ETHICS.
   (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF THE  INDE-
 PENDENT  ATTORNEY  CONDUCTING THE INVESTIGATION NEEDS ADDITIONAL TIME TO
 COMPLETE AN INVESTIGATION  DUE  TO  ITS  COMPLEXITY,  THE  TIME  MAY  BE
 EXTENDED AN ADDITIONAL TEN DAYS AT THE DISCRETION OF THE RETAINED ATTOR-
 NEY.  THE  PARTIES  INVOLVED  SHALL  BE NOTIFIED OF THE EXTENSION BY THE
 CHIEF PERSONNEL OFFICER OR HIS  OR  HER  DESIGNEE  AND  SHALL  AGAIN  BE
 ADVISED  OF  THE  STATUTORY  PERIOD  TO FILE A COMPLAINT WITH THE UNITED
 STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND THE  NEW  YORK  STATE
 DIVISION  OF  HUMAN  RIGHTS AND THEIR RIGHT TO FILE THEIR COMPLAINT WITH
 THE LEGISLATIVE ETHICS COMMISSION, AND THE JOINT  COMMISSION  ON  PUBLIC
 ETHICS.
   (III)  ANY  COMPLAINT  OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
 INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
 ALLEGED HARASSER TO THE EXTENT PRACTICABLE  DURING  THE  COURSE  OF  THE
 INVESTIGATIONS.
   (IV)  ANY  APPROPRIATE REMEDIAL STEPS SHALL BE TAKEN TO PREVENT INTIM-
 IDATION, RETALIATION, COERCION OR THREATS  OR  PROMISES  OF  RETALIATION
 DIRECTED AT THE COMPLAINANT OR OTHERS INCLUDING ANY POTENTIAL WITNESS OR
 OTHER  PARTY, BY THE ALLEGED HARASSER OR ANYONE ACTING ON THE HARASSER'S
 BEHALF.  SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO,  PREVENTING  THE
 ALLEGED  HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
   (V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
   (A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN,  WHICH  SHALL
 INCLUDE AT A MINIMUM:
   (1)  AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
 THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION,  TIME,

 S. 7848--A                         13
 
 AND  DURATION  OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
 OR ALLEGATIONS;
   (2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
 VANT WITNESSES;
   (3)  IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
 RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
   (4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
   (B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
   (C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
 CONFORM TO THE REQUIREMENTS  OF  ANY  APPLICABLE  COLLECTIVE  BARGAINING
 AGREEMENT OR LAW; AND
   (D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
   (D)  COMPLETION  OF  THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
 INVESTIGATION, THE INDIVIDUAL  WHO  CONDUCTED  THE  INVESTIGATION  SHALL
 DRAFT  A  REPORT,  USING A STANDARD FORMAT DEVELOPED BY THE LEGISLATURE.
 SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A  SUMMARY  OF  RELEVANT  DOCU-
 MENTS;  A  LIST  OF  ALL  INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR
 STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS;
 AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
   (II) THE REPORT SHALL CONTAIN A LEGAL RECOMMENDATION AND BE  COMPLETED
 NO  MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION. IF
 THERE IS A DETERMINATION THAT THE  COMPLAINT  OR  A  COMPONENT  OF  SUCH
 COMPLAINT  IS SUBSTANTIATED IN WHOLE OR IN PART, APPROPRIATE ADMINISTRA-
 TIVE ACTION SHALL BE  TAKEN,  WHICH  SHALL  CONFORM  TO  ANY  APPLICABLE
 COLLECTIVE BARGAINING AGREEMENT OR LAW.
   2.  SUCH  POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW-
 ING:
   (A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
 STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT  IN
 THE LEGISLATURE;
   (B)  CONTAIN  A  STATEMENT  THAT  RETALIATION  AGAINST  A COMPLAINANT,
 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
   (C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO  FILE  A
 COMPLAINT  WITH  THE  LEGISLATIVE  ETHICS  COMMISSION, THE UNITED STATES
 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE NEW  YORK  DIVISION  OF
 HUMAN  RIGHTS  AND  THE  STATUTORY  PERIODS WITHIN WHICH SUCH COMPLAINTS
 SHALL BE FILED;
   (D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO  HAVE  A
 RIGHT  TO  FILE  A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
 WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
 SUCH A COMPLAINT;
   (E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS  FOR
 FILING  A COMPLAINT, SHALL BE DISTRIBUTED TO THE MEMBERS OF THE LEGISLA-
 TURE AND TO ALL EMPLOYEES OF THE LEGISLATURE UPON COMMENCING  EMPLOYMENT
 AND ANNUALLY THEREAFTER; AND
   (F)  PROVISIONS  FOR  APPROPRIATE  ANNUAL INTERACTIVE TRAINING FOR ALL
 MEMBERS OF THE LEGISLATURE AND EMPLOYEES OF THE LEGISLATURE.
   3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS  TO
 ANY  EMPLOYEE  AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
 LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE  THERE
 IS  A  CONFLICT  BETWEEN  ANY  COLLECTIVE  BARGAINING AGREEMENT AND THIS
 SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
   § 4. The judiciary law is amended by adding a  new  section  219-d  to
 read as follows:

 S. 7848--A                         14
 
   §  219-D.  SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, THE  OFFICE  OF  COURT  ADMINIS-
 TRATION  SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE
 TO THE JUDICIARY AND ALL JUDICIARY EMPLOYEES, WHICH SHALL INCLUDE INVES-
 TIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT
 PREVENTION  POLICY  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
 ELEMENTS:
   (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS  FOR
 SEXUAL  FAVORS,  AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE
 WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT-
 LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH  AN
 INDIVIDUAL'S  WORK  PERFORMANCE  OR  CREATES AN INTIMIDATING, HOSTILE OR
 OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC  INJURY  TO
 OR DISCHARGE OF THE INDIVIDUAL.
   (II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN, FELLOW,
 VOLUNTEER  OR  OTHER INDIVIDUAL PAID OR UNPAID INVOLVED IN THE OPERATION
 OF THE JUDICIARY, CONTRACTOR, VENDOR OR CONSULTANT, OR EMPLOYEE  OF  ANY
 CONTRACTOR, VENDOR OR CONSULTANT IN THE WORK PLACE OF THE JUDICIARY.
   (B)  INSTRUCTIONS TO FILE A COMPLAINT.  (I) COMPLAINTS MAY BE FILED BY
 AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE,  PERSONNEL  ADMINIS-
 TRATOR,  OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
 RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF  CONDUCT  OF  A
 SEXUALLY  HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
 COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED.  IF  THE  OFFICE  OF
 COURT  ADMINISTRATION  OTHERWISE  BECOMES AWARE OF CONDUCT OF A SEXUALLY
 HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED  IMMEDIATE-
 LY.
   (II)  A  STANDARD  COMPLAINT  FORM. A STANDARD COMPLAINT FORM SHALL BE
 AVAILABLE TO EVERY EMPLOYEE IN THE JUDICIARY. IF AN  EMPLOYEE  MAKES  AN
 ORAL  COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE
 EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
 FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING SUCH  COMPLAINT  SHALL
 FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
   (C)  INVESTIGATION  PROCEDURE.  (I) THE OFFICE OF COURT ADMINISTRATION
 SHALL DESIGNATE  AN  INDIVIDUAL  TO  INVESTIGATE  COMPLAINTS  OF  SEXUAL
 HARASSMENT. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI-
 SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION
 ADMINISTRATOR  SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED
 INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE  DESIGNATED  INDIVIDUAL
 SHALL  ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE
 ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF  INTEREST,
 THE  INDIVIDUAL  SHALL  IMMEDIATELY  NOTIFY THE OFFICE OF COURT ADMINIS-
 TRATION, WHICH SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE  INVESTI-
 GATION.
   (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
 TIME  IS  NEEDED  TO  COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
 REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF COURT  ADMIN-
 ISTRATION.
   (III)  ANY  COMPLAINT  OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
 INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
 THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF  THE
 INVESTIGATIONS.

 S. 7848--A                         15
 
   (IV)  ANY  APPROPRIATE  REMEDIAL  STEPS MAY BE TAKEN TO PREVENT INTIM-
 IDATION, RETALIATION, OR COERCION OF  THE  COMPLAINANT  BY  THE  ALLEGED
 HARASSER.  SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
 ALLEGED  HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
   (V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
   (A)  THE  DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL
 INCLUDE AT A MINIMUM:
   (1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE  ALLEGATIONS;
 THE  EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
 AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR  RELEVANT  INCIDENTS
 OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
   (2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
 VANT WITNESSES;
   (3)  IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY
 RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
   (4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
   (B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
   (C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
 CONFORM TO THE REQUIREMENTS  OF  ANY  APPLICABLE  COLLECTIVE  BARGAINING
 AGREEMENT OR LAW; AND
   (D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
   (D)  COMPLETION  OF  THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
 INVESTIGATION, THE INDIVIDUAL  WHO  CONDUCTED  THE  INVESTIGATION  SHALL
 DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF COURT
 ADMINISTRATION.  SUCH  REPORT  SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF
 RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A  SUMMARY
 OF  THEIR  STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT
 INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
   (II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY  THE
 OFFICE  OF  COURT  ADMINISTRATION  TO REVIEW THE REPORT AND MAKE A LEGAL
 RECOMMENDATION. NO MORE THAN THIRTY DAYS AFTER THE  COMPLETION  OF  SUCH
 INVESTIGATION,  A  LEGAL  DETERMINATION  SHALL  BE ISSUED. IF THERE IS A
 DETERMINATION THAT THE COMPLAINT OR A COMPONENT  OF  SUCH  COMPLAINT  IS
 SUBSTANTIATED,  APPROPRIATE  ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH
 SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
   2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO  THE  FOLLOW-
 ING:
   (A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
 STATE  AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN
 THE JUDICIARY;
   (B) CONTAIN  A  STATEMENT  THAT  RETALIATION  AGAINST  A  COMPLAINANT,
 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
   (C)  CONTAIN  A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A
 COMPLAINT WITH THE UNITED STATES EQUAL  EMPLOYMENT  OPPORTUNITY  COMMIS-
 SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS;
   (D)  CONTAIN  A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
 RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION  ON  PUBLIC  ETHICS,
 WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
 SUCH A COMPLAINT;
   (E)  COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE  OFFICE
 OF  COURT  ADMINISTRATION UPON COMMENCING EMPLOYMENT AND ANNUALLY THERE-
 AFTER; AND

 S. 7848--A                         16
 
   (F) PROVISIONS FOR APPROPRIATE ANNUAL  INTERACTIVE  TRAINING  FOR  ALL
 EMPLOYEES OF THE JUDICIARY.
   3.  NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
 ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE  WITH  ANY
 LAW,  RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
 IS A CONFLICT BETWEEN  ANY  COLLECTIVE  BARGAINING  AGREEMENT  AND  THIS
 SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
   §  5. The general municipal law is amended by adding a new section 686
 to read as follows:
   § 686. SEXUAL HARASSMENT PREVENTION  POLICY.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,  EVERY COUNTY, CITY, TOWN,
 VILLAGE, SCHOOL DISTRICT AND OTHER POLITICAL SUBDIVISION  SHALL  REQUIRE
 ITS  LEGAL  COUNSEL  TO  DEVELOP  A SEXUAL HARASSMENT PREVENTION POLICY,
 APPLICABLE TO ALL EMPLOYEES OF SUCH POLITICAL SUBDIVISION,  WHICH  SHALL
 INCLUDE  INVESTIGATION  PROCEDURES  AND  A  STANDARD COMPLAINT FORM. THE
 SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT  NOT  BE  LIMITED
 TO, THE FOLLOWING ELEMENTS:
   (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (I)  "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
 SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL  CONDUCT OF A SEXUAL  NATURE
 WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT-
 LY,  AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN
 INDIVIDUAL'S WORK PERFORMANCE OR CREATES  AN  INTIMIDATING,  HOSTILE  OR
 OFFENSIVE  WORK  ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO
 OR DISCHARGE OF THE INDIVIDUAL.
   (II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN,  FELLOW
 VOLUNTEER  OR  OTHER INDIVIDUAL INVOLVED IN THE OPERATION OF THE COUNTY,
 CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL SUBDIVISION,  OR
 CONTRACTOR  OF  EVERY  COUNTY,  CITY, TOWN, VILLAGE, SCHOOL DISTRICT AND
 OTHER POLITICAL SUBDIVISION  OR  ANY  EMPLOYEE,  CONTRACTOR,  VENDOR  OR
 CONSULTANT  OR  EMPLOYEE  OF ANY CONTRACTOR, VENDOR OR CONSULTANT IN THE
 WORKPLACE OF EVERY COUNTY, CITY,  TOWN,  VILLAGE,  SCHOOL  DISTRICT  AND
 OTHER POLITICAL SUBDIVISION.
   (B)  INSTRUCTIONS  TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY
 AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
 TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR  MANAGE-
 RIAL  EMPLOYEE  WHO  OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A
 SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN  THE
 COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL
 OF  THE  COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL
 SUBDIVISION BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE,  IT
 SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATELY.
   (II)  A  STANDARD  COMPLAINT  FORM. A STANDARD COMPLAINT FORM SHALL BE
 AVAILABLE TO EVERY EMPLOYEE IN EVERY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
 DISTRICT OR OTHER POLITICAL SUBDIVISION. IF AN EMPLOYEE  MAKES  AN  ORAL
 COMPLAINT,  THE  PERSON  RECEIVING  SUCH  COMPLAINT  SHALL ENCOURAGE THE
 EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT
 FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING SUCH  COMPLAINT  SHALL
 FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
   (C)  INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN
 INDIVIDUAL OR OFFICE TO INVESTIGATE  COMPLAINTS  OF  SEXUAL  HARASSMENT.
 UPON  RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGE-
 RIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE  ACTION  ADMINIS-
 TRATOR  SHALL  IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDI-
 VIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL

 S. 7848--A                         17
 
 ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE  ALLE-
 GATIONS  IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST, THE
 INDIVIDUAL SHALL IMMEDIATELY  NOTIFY  THE  LEGAL  COUNSEL,  WHICH  SHALL
 DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
   (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
 TIME  IS  NEEDED  TO  COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A
 REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE LEGAL COUNSEL.
   (III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL  BE  KEPT  CONFIDENTIAL,
 INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE
 ALLEGED  HARASSER  TO  THE  EXTENT  PRACTICABLE DURING THE COURSE OF THE
 INVESTIGATIONS.
   (IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE  TAKEN  TO  PREVENT  INTIM-
 IDATION,  RETALIATION,  OR  COERCION  OF  THE COMPLAINANT BY THE ALLEGED
 HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING  THE
 ALLEGED  HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
   (V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
   (1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN,  WHICH  SHALL
 INCLUDE AT A MINIMUM:
   (I)  AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
 THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION,  TIME,
 AND  DURATION  OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
 OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
   (II) IDENTIFICATION OF THE  COMPLAINANT,  ALLEGED  HARASSER,  AND  ANY
 RELEVANT WITNESSES;
   (III)  IDENTIFICATION  AND  COMMUNICATION OF ANY LEGAL HOLD REQUEST ON
 ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
   (IV) A DETERMINATION OF ANY NECESSARY SITE VISITS;
   (2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
   (3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
 CONFORM TO THE REQUIREMENTS  OF  ANY  APPLICABLE  COLLECTIVE  BARGAINING
 AGREEMENT OR LAW; AND
   (4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
   (D)  COMPLETION  OF  THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN
 INVESTIGATION, THE INDIVIDUAL  WHO  CONDUCTED  THE  INVESTIGATION  SHALL
 DRAFT  A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL.
 SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT  DOCUMENTS;
 A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS;
 A  TIMELINE  OF  EVENTS;  A  SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN
 ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
   (II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY  THE
 LEGAL  COUNSEL  TO REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO
 MORE THAN THIRTY DAYS AFTER THE  COMPLETION  OF  SUCH  INVESTIGATION,  A
 LEGAL  DETERMINATION  SHALL  BE ISSUED. IF THERE IS A DETERMINATION THAT
 THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED,  APPRO-
 PRIATE  ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY
 APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW.
   2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO  THE  FOLLOW-
 ING:
   (A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
 STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT;
   (B)  CONTAIN  A  STATEMENT  THAT  RETALIATION  AGAINST  A COMPLAINANT,
 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;

 S. 7848--A                         18
 
   (C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO  FILE  A
 COMPLAINT  WITH  THE  UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
 SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS;
   (D)  COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF EVERY COUN-
 TY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL  SUBDIVISION
 UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
   (E)  PROVISIONS  FOR  APPROPRIATE  ANNUAL INTERACTIVE TRAINING FOR ALL
 EMPLOYEES OF THE POLITICAL SUBDIVISION.
   3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS  TO
 ANY  EMPLOYEE  AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY
 LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE.  WHERE THERE
 IS A CONFLICT BETWEEN  ANY  COLLECTIVE  BARGAINING  AGREEMENT  AND  THIS
 SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
   §  6.  The  public  authorities law is amended by adding a new section
 2854 to read as follows:
   § 2854. SEXUAL HARASSMENT PREVENTION POLICY.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION OF LAW TO THE CONTRARY, EVERY STATE AND LOCAL AUTHORITY
 SHALL  REQUIRE  ITS  LEGAL  COUNSEL  TO  DEVELOP  A  SEXUAL   HARASSMENT
 PREVENTION  POLICY, APPLICABLE TO ALL EMPLOYEES OF SUCH AUTHORITY, WHICH
 SHALL INCLUDE INVESTIGATION PROCEDURES AND A  STANDARD  COMPLAINT  FORM.
 THE SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, THE FOLLOWING ELEMENTS:
   (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (I)  "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
 SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A  SEXUAL  NATURE
 WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT-
 LY,  AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN
 INDIVIDUAL'S WORK PERFORMANCE OR CREATES  AN  INTIMIDATING,  HOSTILE  OR
 OFFENSIVE  WORK  ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO
 OR DISCHARGE OF THE INDIVIDUAL.
   (II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN, FELLOW,
 VOLUNTEER OR OTHER INDIVIDUAL INVOLVED IN THE OPERATION OF THE STATE  OR
 LOCAL AUTHORITY OR CONTRACTOR OF EVERY STATE AND LOCAL AUTHORITY, OR ANY
 EMPLOYEE,  CONTRACTOR,  VENDOR OR CONSULTANT OR EMPLOYEE OF ANY CONTRAC-
 TOR, VENDOR OR CONSULTANT IN THE WORKPLACE OF THE AUTHORITY.
   (B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE  FILED  BY
 AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS-
 TRATOR,  OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE-
 RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF  CONDUCT  OF  A
 SEXUALLY  HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE
 COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL
 BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, IT SHALL ENSURE
 AN INVESTIGATION IS OPENED IMMEDIATELY.
   (II) A STANDARD COMPLAINT FORM. A STANDARD  COMPLAINT  FORM  SHALL  BE
 AVAILABLE  TO  EVERY  EMPLOYEE OF EVERY STATE AND LOCAL AUTHORITY. IF AN
 EMPLOYEE MAKES AN ORAL COMPLAINT, THE PERSON  RECEIVING  SUCH  COMPLAINT
 SHALL  ENCOURAGE  THE EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF
 THE EMPLOYEE DOES NOT FILL OUT THE COMPLAINT FORM, THE PERSON  RECEIVING
 SUCH COMPLAINT SHALL FILL OUT SUCH FORM BASED ON THE ORAL REPORTING.
   (C)  INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN
 INDIVIDUAL TO  INVESTIGATE  COMPLAINTS  OF  SEXUAL  HARASSMENT  FOR  THE
 AUTHORITY.  UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI-
 SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION
 ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE  DESIGNATED

 S. 7848--A                         19
 
 INDIVIDUAL,  WHO  SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL
 SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN  THE
 ALLEGATION  IN  THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST,
 THE  INDIVIDUAL  SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL
 DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION.
   (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE
 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL
 TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE  TO  ITS  COMPLEXITY,  A
 REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE AUTHORITY.
   (III)  ANY  COMPLAINT  OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL,
 INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF
 THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF  THE
 INVESTIGATIONS.
   (IV)  ANY  APPROPRIATE  REMEDIAL  STEPS MAY BE TAKEN TO PREVENT INTIM-
 IDATION, RETALIATION, OR COERCION OF  THE  COMPLAINANT  BY  THE  ALLEGED
 HARASSER.  SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE
 ALLEGED  HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE
 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT.
   (V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM:
   (A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN,  WHICH  SHALL
 INCLUDE AT A MINIMUM:
   (1)  AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS;
 THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION,  TIME,
 AND  DURATION  OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS
 OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED;
   (2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE-
 VANT WITNESSES;
   (3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON  ANY
 RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND
   (4) A DETERMINATION OF ANY NECESSARY SITE VISITS;
   (B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY;
   (C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL
 CONFORM  TO  THE  REQUIREMENTS  OF  ANY APPLICABLE COLLECTIVE BARGAINING
 AGREEMENT OR LAW;
   (D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS.
   (D) COMPLETION OF THE INVESTIGATION.  (I) AFTER THE COMPLETION  OF  AN
 INVESTIGATION,  THE  INDIVIDUAL  WHO  CONDUCTED  THE INVESTIGATION SHALL
 DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL  COUNSEL.
 SUCH  REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS;
 A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS;
 A TIMELINE OF EVENTS; A SUMMARY OF  PRIOR  RELEVANT  INCIDENTS;  AND  AN
 ANALYSIS OF THE ALLEGATIONS AND EVIDENCE.
   (II)  THE  REPORT  SHALL  BE  SUBMITTED TO AN INDIVIDUAL DESIGNATED TO
 REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO MORE  THAN  THIRTY
 DAYS  AFTER  THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION
 SHALL BE ISSUED.  IF THERE IS A DETERMINATION THAT THE  COMPLAINT  OR  A
 COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE
 ACTION  SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE
 BARGAINING AGREEMENT OR LAW.
   2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO  THE  FOLLOW-
 ING:
   (A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO
 STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT;
   (B)  CONTAIN  A  STATEMENT  THAT  RETALIATION  AGAINST  A COMPLAINANT,
 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC-
 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;

 S. 7848--A                         20
 
   (C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO  FILE  A
 COMPLAINT  WITH  THE  UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
 SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS;
   (D)  CONTAIN  A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A
 RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION  ON  PUBLIC  ETHICS,
 WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE
 SUCH A COMPLAINT;
   (E)  COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR
 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE AUTHOR-
 ITY UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND
   (F) PROVISIONS FOR APPROPRIATE ANNUAL  INTERACTIVE  TRAINING  FOR  ALL
 EMPLOYEES OF THE AUTHORITY.
   3.  NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO
 ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE  WITH  ANY
 LAW,  RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE
 IS A CONFLICT BETWEEN  ANY  COLLECTIVE  BARGAINING  AGREEMENT  AND  THIS
 SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
   §  7. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.
 
                                  PART G
 
   Section 1. The labor law is amended by adding a new section 44 to read
 as follows:
   § 44. PREVENTION OF SEXUAL HARASSMENT. 1. THE DEPARTMENT SHALL PRODUCE
 A STRONG MODEL MANAGEMENT POLICY DEFINING AND PROHIBITING SEXUAL HARASS-
 MENT IN THE WORKPLACE. SUCH MODEL POLICY SHALL (A) DEFINE SEXUAL HARASS-
 MENT  AND  PROVIDE EXAMPLES OF CONDUCT THAT WOULD BE DEFINED AS UNLAWFUL
 SEXUAL HARASSMENT;  (B)  INCLUDE  BUT  NOT  BE  LIMITED  TO  INFORMATION
 CONCERNING  THE FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL
 HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL  HARASSMENT;  AND
 (C) INFORM EMPLOYEES OF THEIR RIGHTS OF REDRESS AND THE AVAILABILITY AND
 FORMS OF COMPLAINT RESOLUTION ASSISTANCE AVAILABLE.
   SUCH  MODEL  POLICY  SHALL  CLEARLY  STATE  THAT  SEXUAL HARASSMENT IS
 CONSIDERED A FORM OF EMPLOYEE MISCONDUCT  AND  THAT  SANCTIONS  WILL  BE
 ENFORCED  AGAINST  INDIVIDUALS ENGAGING IN SEXUAL HARASSMENT AND AGAINST
 SUPERVISORY AND MANAGERIAL PERSONNEL WHO KNOWINGLY ALLOW  SUCH  BEHAVIOR
 TO CONTINUE.
   2.  THE  DEPARTMENT  SHALL PRODUCE A MODEL TRAINING PROGRAM TO PREVENT
 SEXUAL HARASSMENT IN THE WORKPLACE.   (A) SUCH  MODEL  TRAINING  PROGRAM
 SHALL  BE  INTERACTIVE  AND NO LESS THAN TWO HOURS IN LENGTH AND INCLUDE
 (I) A DEFINITION OF SEXUAL HARASSMENT; (II)  EXAMPLES  OF  CONDUCT  THAT
 WOULD  BE  DEFINED  AS  UNLAWFUL;  AND  (III) INFORMATION CONCERNING THE
 FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL HARASSMENT  AND
 REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT.
   (B)  SUCH  DEPARTMENT  SHALL  ALSO  INCLUDE  INFORMATION IN SUCH MODEL
 PROGRAM SPECIFICALLY ADDRESSING CONDUCT BY SUPERVISORS AS  BOTH  PARTIC-
 IPANTS  IN  A  GENERAL  TRAINING  PROGRAM  AND  IN A SUPERVISOR-SPECIFIC
 PROGRAM TO PREVENT SEXUAL HARASSMENT IN THE WORKPLACE.
   3. THE DEPARTMENT SHALL CONSULT WITH THE DIVISION OF HUMAN  RIGHTS  IN
 THE PRODUCTION OF THE INFORMATION SET FORTH UNDER THIS SECTION.
   4.  THE  COMMISSIONER  SHALL  PROMULGATE  REGULATIONS ALLOWING FOR THE
 DISTRIBUTION OF THE INFORMATION SET FORTH IN THIS SECTION AND  PROMOTING

 S. 7848--A                         21
 
 THE AVAILABILITY OF THE INFORMATION SET FORTH IN THIS SECTION TO EMPLOY-
 ERS AND THE PUBLIC.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through G of this act shall be
 as specifically set forth in the last section of such Parts.