NY State Senate Bill 2019-S7687

Senate Bill S7687

2019-2020 Legislative Session

Requires notification to the governing body of any violation of the sexual harassment policy of the municipality or alleged violation of the human rights law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2020	referred to local government

2019-S7687 (ACTIVE) - Details

See Assembly Version of this Bill:: A9880
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Add §65-b, Town L; add §3-314, Vil L; add §3-e, Gen City L; add §209-a, County L
Versions Introduced in 2021-2022 Legislative Session:: S6672

2019-S7687 (ACTIVE) - Summary

Requires notification within one business day to the governing body of a town, village, city or county of any violation of the sexual harassment policy of such municipality or alleged violation of the human rights law; provides that records maintained by the town, village, city or county and proceedings by such town, village, city or county based thereon regarding a claim submitted by a victim or a claimant shall be deemed confidential; makes related provisions.

2019-S7687 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7687       Revised

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the town law, the village law, the general city law, and
the county law, in relation to requiring immediate notification of any
violation of the sexual harassment policy of the municipality or alleged
violation of the human rights law

 
PURPOSE:

The purpose of this bill is to provide notification to members of a
municipal governing body upon the finding of wrongdoing or disciplinary
action taken against an employee who violated the sexual harassment
policy of the municipality or an alleged violation of the human rights
law.

 
SUMMARY OF PROVISIONS:

Section 1. Amends town law by adding a new section 65-b to require

notification to town board members upon the violation of the sexual
harassment policy or an alleged violation of the human rights law by a
town employee; maintains confidentiality; and waives notification to an
individual if the violation involves accusations of wrongdoing by an
individual who would otherwise receive the notification as established
by this section.

Section 2. Amends village law by adding a new 3-314 to require notifica-
tion to village trustees upon the violation of the sexual harassment
policy or an alleged violation of the human rights law by a village
employee; maintains confidentiality; and waives notification to an indi-
vidual if the violation involves accusations of wrongdoing by an indi-
vidual who would otherwise receive the notification as established by
this section.

Section 3. Amends general city law by adding a new section 3-e to
require notification to members of the common council upon the violation
of the sexual harassment policy or an alleged violation of the human
rights law by a city employee; maintains confidentiality; and waives
notification to an individual if the violation involves accusations of
wrongdoing by an individual who would otherwise receive the notification
as established by this section.

Section 4. Amends county law by adding a new section 209-a to require
notification to members of the board of supervisors upon the violation
of the sexual harassment policy or an alleged violation of the human
rights law by a county employee; maintains confidentiality; and waives
notification to an individual if the violation involves accusations of
wrongdoing by an individual who would otherwise receive the notification
as established by this section.

Section 5. Establishes the effective date.

 
JUSTIFICATION:

Public officials elected to serve on a town or village board, city coun-
cil or county legislature are responsible for ensuring the integrity and
fiscal health of the municipality, including any potential liabilities.
They are accountable to the taxpayers and therefore should be notified
if and when any violations of the municipalities sexual harassment poli-
cy or alleged violations of the human rights law occurs.

This legislation ensures that upon a finding of wrongdoing or discipli-
nary action that notification is provided to all members of a governing
municipal board in a consistent and timely manner.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7687 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7687
 
                             I N  S E N A T E
 
                             February 6, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, the village law, the general city law, and
   the county law, in relation to requiring immediate notification of any
   violation of the sexual  harassment  policy  of  the  municipality  or
   alleged violation of the human rights law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The town law is amended by adding a  new  section  65-b  to
 read as follows:
   § 65-B. NOTIFICATION TO TOWN BOARD; VIOLATION OF THE SEXUAL HARASSMENT
 POLICY  OR ALLEGED VIOLATION OF THE HUMAN RIGHTS LAW. 1. NOTIFICATION OF
 ANY VIOLATION OF THE SEXUAL HARASSMENT POLICY ADOPTED IN ACCORDANCE WITH
 SECTION TWO HUNDRED ONE-G OF THE LABOR LAW OR ANY ALLEGED  VIOLATION  OF
 THE  HUMAN  RIGHTS LAW, WHICH RESULTED IN A FINDING OF WRONGDOING BY ANY
 TOWN EMPLOYEE OR ANY ALLEGED VIOLATION WHICH RESULTED IN  ANY  DISCIPLI-
 NARY  ACTION AGAINST ANY TOWN EMPLOYEE SHALL BE GIVEN TO EACH TOWN BOARD
 MEMBER WITHIN ONE BUSINESS DAY.
   2. RECORDS MAINTAINED BY THE TOWN AND PROCEEDINGS BY  THE  TOWN  BASED
 THEREON  REGARDING  A CLAIM SUBMITTED BY A VICTIM OR A CLAIMANT SHALL BE
 DEEMED CONFIDENTIAL.
   3. ANY REPORT OR RECORD OBTAINED BY THE TOWN, THE  CONFIDENTIALITY  OF
 WHICH  IS  PROTECTED BY ANY OTHER LAW OR REGULATION, SHALL REMAIN CONFI-
 DENTIAL SUBJECT TO SUCH LAW OR REGULATION.
   4. IN THE EVENT THAT THE VIOLATION INVOLVES ACCUSATIONS OF  WRONGDOING
 BY  AN  INDIVIDUAL  WHO  WOULD  OTHERWISE  RECEIVE  THE  NOTIFICATION AS
 REQUIRED BY THIS SECTION, THEN THE NOTIFICATION TO SUCH INDIVIDUAL SHALL
 BE WAIVED.
   § 2. The village law is amended by adding a new section 3-314 to  read
 as follows:
   §  3-314  NOTIFICATION TO TRUSTEES; VIOLATION OF THE SEXUAL HARASSMENT
 POLICY OR ALLEGED VIOLATION OF THE HUMAN RIGHTS LAW. 1. NOTIFICATION  OF
 ANY VIOLATION OF THE SEXUAL HARASSMENT POLICY ADOPTED IN ACCORDANCE WITH
 SECTION  TWO  HUNDRED ONE-G OF THE LABOR LAW OR ANY ALLEGED VIOLATION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15240-02-0

 S. 7687                             2
 
 THE HUMAN RIGHTS LAW, WHICH RESULTED IN A FINDING OF WRONGDOING  BY  ANY
 VILLAGE  EMPLOYEE  OR ANY ALLEGED VIOLATION WHICH RESULTED IN ANY DISCI-
 PLINARY ACTION AGAINST ANY VILLAGE EMPLOYEE SHALL BE GIVEN TO EACH TRUS-
 TEE WITHIN ONE BUSINESS DAY.
   2.  RECORDS  MAINTAINED  BY THE VILLAGE AND PROCEEDINGS BY THE VILLAGE
 BASED THEREON REGARDING A CLAIM SUBMITTED BY  A  VICTIM  OR  A  CLAIMANT
 SHALL BE DEEMED CONFIDENTIAL.
   3.  ANY  REPORT OR RECORD OBTAINED BY THE VILLAGE, THE CONFIDENTIALITY
 OF WHICH IS PROTECTED BY ANY  OTHER  LAW  OR  REGULATION,  SHALL  REMAIN
 CONFIDENTIAL SUBJECT TO SUCH LAW OR REGULATION.
   4.  IN THE EVENT THAT THE VIOLATION INVOLVES ACCUSATIONS OF WRONGDOING
 BY AN  INDIVIDUAL  WHO  WOULD  OTHERWISE  RECEIVE  THE  NOTIFICATION  AS
 REQUIRED BY THIS SECTION, THEN THE NOTIFICATION TO SUCH INDIVIDUAL SHALL
 BE WAIVED.
   §  3.  The  general city law is amended by adding a new section 3-e to
 read as follows:
   § 3-E. NOTIFICATION TO MEMBERS OF THE COMMON COUNCIL; VIOLATION OF THE
 SEXUAL HARASSMENT POLICY OR ALLEGED VIOLATION OF THE HUMAN  RIGHTS  LAW.
 1.    NOTIFICATION  OF  ANY  VIOLATION  OF  THE SEXUAL HARASSMENT POLICY
 ADOPTED IN ACCORDANCE WITH SECTION TWO HUNDRED ONE-G OF THE LABOR LAW OR
 ANY ALLEGED VIOLATION OF THE HUMAN RIGHTS LAW, WHICH RESULTED IN A FIND-
 ING OF WRONGDOING BY ANY CITY EMPLOYEE OR ANY  ALLEGED  VIOLATION  WHICH
 RESULTED  IN  ANY DISCIPLINARY ACTION AGAINST ANY CITY EMPLOYEE SHALL BE
 GIVEN TO EACH MEMBER OF THE COMMON COUNCIL WITHIN ONE BUSINESS DAY.
   2. RECORDS MAINTAINED BY THE CITY AND PROCEEDINGS BY  THE  CITY  BASED
 THEREON  REGARDING  A CLAIM SUBMITTED BY A VICTIM OR A CLAIMANT SHALL BE
 DEEMED CONFIDENTIAL.
   3. ANY REPORT OR RECORD OBTAINED BY THE CITY, THE  CONFIDENTIALITY  OF
 WHICH  IS  PROTECTED BY ANY OTHER LAW OR REGULATION, SHALL REMAIN CONFI-
 DENTIAL SUBJECT TO SUCH LAW OR REGULATION.
   4. IN THE EVENT THAT THE VIOLATION INVOLVES ACCUSATIONS OF  WRONGDOING
 BY  AN  INDIVIDUAL  WHO  WOULD  OTHERWISE  RECEIVE  THE  NOTIFICATION AS
 REQUIRED BY THIS SECTION, THEN THE NOTIFICATION TO SUCH INDIVIDUAL SHALL
 BE WAIVED.
   § 4. The county law is amended by adding a new section 209-a  to  read
 as follows:
   § 209-A. NOTIFICATION  TO  THE  BOARD OF SUPERVISORS; VIOLATION OF THE
 SEXUAL HARASSMENT POLICY OR ALLEGED VIOLATION OF THE HUMAN  RIGHTS  LAW.
 1. NOTIFICATION OF ANY VIOLATION OF THE SEXUAL HARASSMENT POLICY ADOPTED
 IN  ACCORDANCE  WITH  SECTION  TWO HUNDRED ONE-G OF THE LABOR LAW OR ANY
 ALLEGED VIOLATION OF THE HUMAN RIGHTS LAW, WHICH RESULTED IN  A  FINDING
 OF  WRONGDOING  BY  ANY  COUNTY  EMPLOYEE OR ANY ALLEGED VIOLATION WHICH
 RESULTED IN ANY DISCIPLINARY ACTION AGAINST ANY COUNTY EMPLOYEE SHALL BE
 GIVEN TO EACH MEMBER OF THE BOARD OF  SUPERVISORS  WITHIN  ONE  BUSINESS
 DAY.
   2.  RECORDS MAINTAINED BY THE TOWN AND PROCEEDINGS BY THE COUNTY BASED
 THEREON REGARDING A CLAIM SUBMITTED BY A VICTIM OR A CLAIMANT  SHALL  BE
 DEEMED CONFIDENTIAL.
   3. ANY REPORT OR RECORD OBTAINED BY THE COUNTY, THE CONFIDENTIALITY OF
 WHICH  IS  PROTECTED BY ANY OTHER LAW OR REGULATION, SHALL REMAIN CONFI-
 DENTIAL SUBJECT TO SUCH LAW OR REGULATION.
   4. IN THE EVENT THAT THE VIOLATION INVOLVES ACCUSATIONS OF  WRONGDOING
 BY  AN  INDIVIDUAL  WHO  WOULD  OTHERWISE  RECEIVE  THE  NOTIFICATION AS
 REQUIRED BY THIS SECTION, THEN THE NOTIFICATION TO SUCH INDIVIDUAL SHALL
 BE WAIVED.
   § 5. This act shall take effect immediately.

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