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Assembly Bill A9963

2019-2020 Legislative Session

Increases protection against retaliation for public employees and provides an affirmative defense

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Archive: Last Bill Status - In Assembly Committee

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2019-A9963 (ACTIVE) - Details

See Senate Version of this Bill:
S7660
Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §75-b, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:
A1975

2019-A9963 (ACTIVE) - Summary

Increases protection against retaliation for public employees who fail to perform a duty when such action is deemed improper by any group, person, body, organization, legislative representative or social networking platform and provides for an affirmative defense.

2019-A9963 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9963
 
                           I N  A S S E M B L Y
 
                               March 3, 2020
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to  amend  the  civil  service  law,  in relation to increasing
   protection against retaliation for public employees  and  provides  an
   affirmative defense
 
   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-b of the civil service  law  is
 amended by adding a new paragraph (b) to read as follows:
   (B)  A PUBLIC EMPLOYER SHALL NOT DISMISS OR TAKE OTHER DISCIPLINARY OR
 OTHER ADVERSE PERSONNEL ACTION AGAINST A PUBLIC EMPLOYEE  REGARDING  THE
 EMPLOYEE'S  EMPLOYMENT BECAUSE THE EMPLOYEE FAILS TO PERFORM A DUTY WHEN
 SUCH ACTION IS DEEMED IMPROPER BY ANY GROUP, PERSON, BODY, ORGANIZATION,
 LEGISLATIVE REPRESENTATIVE OR SOCIAL NETWORKING PLATFORM.
   § 2. Section 75-b of the civil service law is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A.  IT  SHALL BE AN AFFIRMATIVE DEFENSE IN ANY DISCIPLINARY OR OTHER
 ADVERSE PERSONNEL ACTION AGAINST A PUBLIC EMPLOYEE REGARDING THE EMPLOY-
 EE'S EMPLOYMENT BECAUSE THE EMPLOYEE FAILED TO  PERFORM  A  DUTY  AND/OR
 ACTION  AS PRESCRIBED UNDER FEDERAL, STATE OR LOCAL LAW OR REGULATION IF
 THE EMPLOYEE REASONABLY BELIEVED THAT SUCH DUTY AND/OR ACTION MAY INVOKE
 COMMUNITY UNREST, PUBLIC  SCORN  OR  SOCIETAL  BACKLASH  BY  ANY  GROUP,
 PERSON,   BODY,   ORGANIZATION,  LEGISLATIVE  REPRESENTATIVE  OR  SOCIAL
 NETWORKING PLATFORM.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14211-02-9

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