senate Bill S5205A

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

Current Bill Status - Passed Senate


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L

S5205 - Summary

Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees, 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 (ACTIVE) - Details

See Assembly Version of this Bill:
A7624
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L

S5205A (ACTIVE) - Summary

Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees, 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 (ACTIVE) - Sponsor Memo

S5205A (ACTIVE) - 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

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