Senate Bill S5205

2019-2020 Legislative Session

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

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Sponsored By

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


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-S5205 - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2891
2023-2024: S1039, S8230

2019-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.

2019-S5205 - Sponsor Memo

2019-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

2019-S5205A - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2891
2023-2024: S1039, S8230

2019-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.

2019-S5205A - Sponsor Memo

2019-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

2019-S5205B (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2891
2023-2024: S1039, S8230

2019-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.

2019-S5205B (ACTIVE) - Sponsor Memo

2019-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.
              

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