S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    287
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to the furnishing  of
   those  placed  on  leave  with notice of the charges within forty-five
   days of being placed on leave

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2 of section 75 of the civil service law, as
 amended by chapter 226 of the laws  of  1994,  is  amended  to  read  as
 follows:
   2. Procedure. An employee who at the time of questioning appears to be
 a  potential subject of disciplinary action shall have a right to repre-
 sentation by his or her certified or  recognized  employee  organization
 under article fourteen of this chapter and shall be notified in advance,
 in writing, of such right. A state employee who is designated managerial
 or  confidential  under  article fourteen of this chapter, shall, at the
 time of questioning, where it appears that such employee is a  potential
 subject of disciplinary action, have a right to representation and shall
 be  notified in advance, in writing, of such right. If representation is
 requested a reasonable period of time shall be afforded to  obtain  such
 representation. If the employee is unable to obtain representation with-
 in  a reasonable period of time the employer has the right to then ques-
 tion the employee. A hearing officer under this section shall  have  the
 power  to find that a reasonable period of time was or was not afforded.
 In the event the hearing officer finds that a reasonable period of  time
 was  not  afforded  then any and all statements obtained from said ques-
 tioning as well as any evidence or information obtained as a  result  of
 said  questioning shall be excluded, provided, however, that this subdi-
 vision shall not modify or  replace  any  written  collective  agreement
 between  a public employer and employee organization negotiated pursuant

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03572-01-9

 A. 287                              2
 
 to article fourteen of this chapter.  A person against whom  removal  or
 other  disciplinary action is proposed shall have written notice thereof
 and of the reasons therefor, shall be furnished a copy  of  the  charges
 preferred  against  him  and  shall  be  allowed at least eight days for
 answering the same in writing; PROVIDED THAT SUCH NOTICE AND COPY OF THE
 CHARGES SHALL BE FURNISHED WITHIN FORTY-FIVE  DAYS  OF  A  PERSON  BEING
 SUSPENDED,  PLACED ON ADMINISTRATIVE LEAVE OR OTHERWISE FORCED TO TAKE A
 LEAVE OF ABSENCE FROM THEIR POSITION. IN THE EVENT THAT SUCH NOTICE  AND
 COPY  OF THE CHARGES ARE NOT FURNISHED WITHIN THE FORTY-FIVE DAY PERIOD,
 SUCH CHARGES AGAINST THE EMPLOYEE SHALL BE PRESUMED INVALID. The hearing
 upon such charges shall be held by the officer or body having the  power
 to  remove  the  person against whom such charges are preferred, or by a
 deputy or other person designated by such officer or body in writing for
 that purpose. In case a deputy or other  person  is  so  designated,  he
 shall, for the purpose of such hearing, be vested with all the powers of
 such  officer  or  body  and  shall  make a record of such hearing which
 shall, with his recommendations, be referred to such officer or body for
 review and decision. The person or persons holding such  hearing  shall,
 upon  the  request  of  the  person  against whom charges are preferred,
 permit him to be represented by counsel, or by  a  representative  of  a
 recognized  or  certified  employee organization, and shall allow him to
 summon witnesses in his behalf. The burden of  proving  incompetency  or
 misconduct  shall be upon the person alleging the same.  Compliance with
 technical rules of evidence shall not be required.
   § 2. This act shall take effect immediately.