senate Bill S8481

2021-2022 Legislative Session

Relates to requiring independent hearing officers in disciplinary claims against firefighters

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 returned to senate
passed assembly
ordered to third reading rules cal.708
substituted for a9614
May 24, 2022 referred to governmental employees
delivered to assembly
passed senate
May 16, 2022 advanced to third reading
May 11, 2022 2nd report cal.
May 10, 2022 1st report cal.1256
Mar 04, 2022 referred to civil service and pensions

Votes

view votes

May 9, 2022 - Civil Service and Pensions committee Vote

S8481
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: May 9, 2022

Co-Sponsors

S8481 (ACTIVE) - Details

See Assembly Version of this Bill:
A9614
Law Section:
Civil Service Law
Laws Affected:
Amd §§75, 201 & 204-a, Civ Serv L

S8481 (ACTIVE) - Summary

Requires that firefighters shall not be subjected to the penalty of dismissal from service or any other discipline if the hearing, upon such charge, has been conducted by someone other than an independent hearing officer.

S8481 (ACTIVE) - Sponsor Memo

S8481 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8481
 
                             I N  S E N A T E
 
                               March 4, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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 independent  hear-
   ing officers for certain disciplinary hearings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York State firefighter bill of rights act".
   §  2.  Section  75 of the civil service law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A.  INDEPENDENT  HEARING  OFFICER.  (A)  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, INCLUDING BUT NOT LIMITED TO SUBDIVI-
 SION FOUR OF SECTION SEVENTY-SIX OF THIS  TITLE,  ANY  PAID  OFFICER  OR
 MEMBER OF AN ORGANIZED FIRE COMPANY OR FIRE DEPARTMENT OF A CITY OF LESS
 THAN  ONE  MILLION  POPULATION, OR TOWN, VILLAGE OR FIRE DISTRICT WHO IS
 REPRESENTED BY A CERTIFIED OR RECOGNIZED EMPLOYEE ORGANIZATION  PURSUANT
 TO ARTICLE FOURTEEN OF THIS CHAPTER SHALL NOT BE SUBJECTED TO THE PENAL-
 TY  OF  DISMISSAL  FROM  SERVICE OR ANY OTHER DISCIPLINE IF THE HEARING,
 UPON SUCH CHARGE, HAS BEEN CONDUCTED BY SOMEONE OTHER THAN AN  INDEPEND-
 ENT  HEARING  OFFICER  TO  BE  AGREED  TO BY THE EMPLOYER AND THE PERSON
 AGAINST WHOM DISCIPLINARY ACTION IS PROPOSED. IF THE PARTIES ARE  UNABLE
 TO  AGREE  UPON A HEARING OFFICER, THE HEARING OFFICER SHALL BE SELECTED
 FROM A LIST OF SEVEN NAMES TO  BE  PROVIDED  BY  THE  PUBLIC  EMPLOYMENT
 RELATIONS  BOARD. THE PUBLIC EMPLOYMENT RELATIONS BOARD SHALL MAINTAIN A
 LIST OF INDEPENDENT HEARING OFFICERS FOR THIS PURPOSE. THE PARTIES SHALL
 SELECT THE HEARING OFFICER BY ALTERNATELY STRIKING NAMES FROM  THE  LIST
 OF  SEVEN.  THE  HEARING  OFFICER SHALL BE VESTED WITH ALL POWERS OF THE
 APPOINTING AUTHORITY, SHALL CONDUCT AND MAKE A RECORD  OF  THE  HEARING,
 AND  SHALL  RENDER A FINAL DECISION. THE COST INCURRED IN OBTAINING SUCH
 INDEPENDENT  HEARING  OFFICER  SHALL  BE  DIVIDED  EQUALLY  BETWEEN  THE
 PARTIES;  PROVIDED  THAT  AS MAY BE DETERMINED UPON THE CIRCUMSTANCES OF
 THE CASE, THE HEARING OFFICER SHALL BE AUTHORIZED TO ALLOCATE SUCH  COST
 ON  THE  BASIS  OF THE FRIVOLOUS NATURE OF ANY CLAIM MADE OR ANY DEFENSE
 INTERPOSED. IN ORDER TO FIND A CLAIM OR DEFENSE  TO  BE  FRIVOLOUS,  THE
 HEARING OFFICER MUST FIND AT LEAST ONE OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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