senate Bill S5205B

2019-2020 Legislative Session

Relates to procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2020 print number 5205b
Mar 05, 2020 amend and recommit to civil service and pensions
Jan 08, 2020 referred to civil service and pensions
returned to senate
died in assembly
Jun 20, 2019 ordered to third reading rules cal.673
substituted for a7624a
Jun 19, 2019 referred to ways and means
delivered to assembly
passed senate
Jun 13, 2019 amended on third reading 5205a
Jun 03, 2019 advanced to third reading
May 30, 2019 2nd report cal.
May 29, 2019 1st report cal.924
Apr 16, 2019 referred to civil service and pensions

Votes

view votes

May 29, 2019 - Civil Service and Pensions committee Vote

S5205
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 29, 2019

aye wr (2)

Co-Sponsors

S5205 - Details

See Assembly Version of this Bill:
A7624
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:
S2891, A4784

S5205 - Summary

Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees not in the service of the city of New York, including the use of a member of the American Arbitration Association as the hearing officer and the fees to be paid therefor; provides for suspension, with pay, pending the determination except where the employee has entered a guilty plea to a felony crime involving criminal sale or possession of a controlled substance.

S5205 - Sponsor Memo

S5205 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5205

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 16, 2019
                               ___________

Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, in relation to hearing procedures
  for certain public employees

  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
to  article  fourteen of this chapter.  A person against whom removal or
other disciplinary action is proposed shall have written notice  thereof

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S5205A - Details

See Assembly Version of this Bill:
A7624
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:
S2891, A4784

S5205A - Summary

Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees not in the service of the city of New York, including the use of a member of the American Arbitration Association as the hearing officer and the fees to be paid therefor; provides for suspension, with pay, pending the determination except where the employee has entered a guilty plea to a felony crime involving criminal sale or possession of a controlled substance.

S5205A - Sponsor Memo

S5205A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5205--A
    Cal. No. 924

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 16, 2019
                               ___________

Introduced  by  Sens.  GOUNARDES, FUNKE, GAUGHRAN, SKOUFIS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Civil Service and Pensions -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN ACT to amend the civil service law, in relation to hearing procedures
  for certain public employees

  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-

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

Co-Sponsors

S5205B (ACTIVE) - Details

See Assembly Version of this Bill:
A7624
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:
S2891, A4784

S5205B (ACTIVE) - Summary

Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees not in the service of the city of New York, including the use of a member of the American Arbitration Association as the hearing officer and the fees to be paid therefor; provides for suspension, with pay, pending the determination except where the employee has entered a guilty plea to a felony crime involving criminal sale or possession of a controlled substance.

S5205B (ACTIVE) - Sponsor Memo

S5205B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5205--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 16, 2019
                               ___________

Introduced  by  Sens.  GOUNARDES,  GAUGHRAN,  SKOUFIS  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Civil  Service and Pensions -- reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading -- recommitted to the Committee  on  Civil  Service  and
  Pensions  in  accordance  with  Senate  Rule  6,  sec.  8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil service law, in relation to hearing procedures
  for certain public employees

  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 and a new  subdi-
vision 2-a is added to read as follows:
  2.  Procedure;  NEW  YORK CITY EMPLOYEES. [An] FOR ANY EMPLOYEE IN THE
SERVICE OF THE CITY OF NEW YORK DESCRIBED IN PARAGRAPH  (A),  (B),  (C),
(D),  OR  (E) OF SUBDIVISION ONE OF THIS SECTION, IF SUCH employee [who]
at the time of questioning appears to be a potential subject  of  disci-
plinary action, HE OR SHE shall have a right to representation 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 question-
ing, where it appears that such  employee  is  a  potential  subject  of
disciplinary  action,  have a right to representation and shall be noti-
fied 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.