S T A T E O F N E W Y O R K
________________________________________________________________________
7245
2019-2020 Regular Sessions
I N A S S E M B L Y
April 18, 2019
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Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the removal and disci-
pline of part-time teaching assistants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 3020-c
to read as follows:
§ 3020-C. REMOVAL AND OTHER DISCIPLINARY ACTION OF PART-TIME TEACHING
ASSISTANTS. 1. REMOVAL AND OTHER DISCIPLINARY ACTION. A TEACHING
ASSISTANT EMPLOYED BY A PUBLIC SCHOOL DISTRICT OR A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES LESS THAN FULL-TIME IN THE UNCLASSIFIED CIVIL
SERVICE WHO SINCE HIS OR HER LAST ENTRY INTO SERVICE HAS COMPLETED AT
LEAST FIVE YEARS OF CONTINUOUS SERVICE IN THE UNCLASSIFIED CIVIL SERVICE
SHALL NOT BE REMOVED OR OTHERWISE SUBJECTED TO ANY DISCIPLINARY PENALTY
PROVIDED IN THIS SECTION EXCEPT FOR INCOMPETENCY OR MISCONDUCT SHOWN
AFTER A HEARING UPON STATED CHARGES PURSUANT TO THIS SECTION.
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 THE CIVIL SERVICE LAW 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 REPRESEN-
TATION. IF THE EMPLOYEE IS UNABLE TO OBTAIN REPRESENTATION WITHIN A
REASONABLE PERIOD OF TIME THE EMPLOYER HAS THE RIGHT TO THEN QUESTION
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 QUESTIONING AS
WELL AS ANY EVIDENCE OR INFORMATION OBTAINED AS A RESULT OF SAID QUES-
TIONING SHALL BE EXCLUDED, PROVIDED, HOWEVER, THAT THIS SUBDIVISION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11141-01-9
A. 7245 2
SHALL NOT MODIFY OR REPLACE ANY WRITTEN COLLECTIVE AGREEMENT BETWEEN A
PUBLIC EMPLOYER AND EMPLOYEE ORGANIZATION NEGOTIATED PURSUANT TO ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW. 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 OR HER AND SHALL BE ALLOWED AT LEAST EIGHT DAYS
FOR ANSWERING THE SAME IN WRITING. 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 OR SHE 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 OR
HER 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 OR
HER TO BE REPRESENTED BY COUNSEL, OR BY A REPRESENTATIVE OF A RECOGNIZED
OR CERTIFIED EMPLOYEE ORGANIZATION, AND SHALL ALLOW HIM OR HER TO SUMMON
WITNESSES IN HIS OR HER 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.
3. SUSPENSION PENDING DETERMINATION OF CHARGES; PENALTIES. PENDING THE
HEARING AND DETERMINATION OF CHARGES OF INCOMPETENCY OR MISCONDUCT, THE
EMPLOYEE AGAINST WHOM SUCH CHARGES HAVE BEEN PREFERRED MAY BE SUSPENDED
WITHOUT PAY FOR A PERIOD NOT EXCEEDING THIRTY DAYS. IF SUCH EMPLOYEE IS
FOUND GUILTY OF THE CHARGES, THE PENALTY OR PUNISHMENT MAY CONSIST OF A
REPRIMAND, A FINE NOT TO EXCEED ONE HUNDRED DOLLARS TO BE DEDUCTED FROM
THE SALARY OR WAGES OF SUCH OFFICER OR EMPLOYEE, SUSPENSION WITHOUT PAY
FOR A PERIOD NOT EXCEEDING TWO MONTHS, DEMOTION IN GRADE AND TITLE, OR
DISMISSAL FROM THE SERVICE; PROVIDED, HOWEVER, THAT THE TIME DURING
WHICH AN EMPLOYEE IS SUSPENDED WITHOUT PAY MAY BE CONSIDERED AS PART OF
THE PENALTY. IF HE OR SHE IS ACQUITTED, HE OR SHE SHALL BE RESTORED TO
HIS OR HER POSITION WITH FULL PAY FOR THE PERIOD OF SUSPENSION LESS THE
AMOUNT OF ANY UNEMPLOYMENT INSURANCE BENEFITS HE OR SHE MAY HAVE
RECEIVED DURING SUCH PERIOD. IF SUCH EMPLOYEE IS FOUND GUILTY, A COPY OF
THE CHARGES, HIS OR HER WRITTEN ANSWER THERETO, A TRANSCRIPT OF THE
HEARING, AND THE DETERMINATION SHALL BE FILED IN THE OFFICE OF THE
DEPARTMENT OR AGENCY IN WHICH HE OR SHE HAS BEEN EMPLOYED, AND A COPY
THEREOF SHALL BE FILED WITH THE CIVIL SERVICE COMMISSION HAVING JURIS-
DICTION OVER SUCH POSITION. A COPY OF THE TRANSCRIPT OF THE HEARING
SHALL, UPON REQUEST OF THE OFFICER OR EMPLOYEE AFFECTED, BE FURNISHED TO
HIM OR HER WITHOUT CHARGE.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO REMOVAL OR DISCIPLI-
NARY PROCEEDING SHALL BE COMMENCED MORE THAN EIGHTEEN MONTHS AFTER THE
OCCURRENCE OF THE ALLEGED INCOMPETENCY OR MISCONDUCT COMPLAINED OF AND
DESCRIBED IN THE CHARGES OR, PROVIDED, HOWEVER, THAT SUCH LIMITATIONS
SHALL NOT APPLY WHERE THE INCOMPETENCY OR MISCONDUCT COMPLAINED OF AND
DESCRIBED IN THE CHARGES WOULD, IF PROVED IN A COURT OF APPROPRIATE
JURISDICTION, CONSTITUTE A CRIME.
§ 2. This act shall take effect immediately.