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
              

                       [ ] is old law to be omitted.
                                                            LBD14590-02-2
 S. 8481                             2
 
   (I)  THE  CLAIM  OR  DEFENSE  WAS  COMMENCED, USED OR CONTINUED IN BAD
 FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF  THE  ACTION  OR  TO
 HARASS OR MALICIOUSLY INJURE ANOTHER; OR
   (II)  THE  CLAIM  OR  DEFENSE  WAS COMMENCED OR CONTINUED IN BAD FAITH
 WITHOUT ANY REASONABLE BASIS IN LAW OR FACT. IF THE CLAIM OR DEFENSE WAS
 PROMPTLY DISCONTINUED WHEN THE PARTY LEARNED OR SHOULD HAVE LEARNED THAT
 THE CLAIM OR DEFENSE LACKED SUCH REASONABLE BASIS, THE  HEARING  OFFICER
 MAY  FIND  THAT THE PARTY DID NOT ACT IN BAD FAITH. A PERSON SERVED WITH
 CHARGES MAY THEN, HOWEVER, ELECT IN WRITING TO PROCEED  WITH  A  HEARING
 PURSUANT  TO  THE  PROCEDURES  ESTABLISHED  IN  SUBDIVISION  TWO OF THIS
 SECTION IN LIEU OF THE PROCEDURES SET FORTH IN THIS SUBDIVISION.
   (B) THE RIGHTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
 IN ADDITION TO, AND SHALL NOT SUPPLANT, MODIFY  OR  REPLACE  ANY  RIGHTS
 PROVIDED  TO  AN  EMPLOYEE PURSUANT TO AGREEMENTS NEGOTIATED BY A PUBLIC
 EMPLOYER AND AN EMPLOYEE ORGANIZATION PURSUANT TO  ARTICLE  FOURTEEN  OF
 THIS  CHAPTER,  OR PURSUANT TO ANY OTHER PROVISION OF LAW, INCLUDING BUT
 NOT LIMITED TO OTHER PROVISIONS OF THIS SECTION.
   § 3. Subdivision 4 of section 201 of the civil service law, as amended
 by chapter 606 of the laws of 1992, is amended to read as follows:
   4.  The term "terms and conditions of employment" means:
   (A) salaries, wages, hours and other terms and conditions  of  employ-
 ment  provided,  however,  that such term shall not include any benefits
 provided by or to be provided by a public retirement system, or payments
 to a fund or insurer to provide an income for retirees,  or  payment  to
 retirees  or  their  beneficiaries. No such retirement benefits shall be
 negotiated pursuant to this article,  and  any  benefits  so  negotiated
 shall be void.
   (B) IN ADDITION, THE TERMS AND CONDITIONS OF EMPLOYMENT FOR FIREFIGHT-
 ERS  SHALL  INCLUDE  DISCIPLINE  AND  DISCIPLINARY  PROCEDURES INCLUDING
 ALTERNATIVES TO ANY STATUTORY DISCIPLINARY  SYSTEM,  PROVIDED,  HOWEVER,
 THAT ANY RIGHT OF FIREFIGHTERS UNDER THE TERMS OF ANY STATE LAW TO ELECT
 COVERAGE  UNDER EITHER A STATUTORY DISCIPLINARY SYSTEM OR A DISCIPLINARY
 SYSTEM ESTABLISHED BY COLLECTIVE NEGOTIATIONS  SHALL  NOT  BE  IMPAIRED,
 UNLESS  ANY SUCH STATE LAW AUTHORIZES EXCLUSIVITY OF A NEGOTIATED DISCI-
 PLINARY SYSTEM AND PROVIDED FURTHER THAT NO PROVISION CONTAINED  IN  THE
 TOWN  LAW,  GENERAL CITY LAW, SECOND CLASS CITIES LAW, GENERAL MUNICIPAL
 LAW, MUNICIPAL HOME RULE LAW, COUNTY LAW, OR OTHER STATE, LOCAL, SPECIAL
 LAW OR CHARTER PROVISION, OR ANY SPECIAL POLICE ACT OR OTHER SPECIAL ACT
 CREATED BY LOCAL LAW OR CHARTER OR OTHERWISE CREATED,  OR  THIS  CHAPTER
 SHALL  PREVENT  OR  IMPAIR  THE  RIGHT  TO  COLLECTIVE BARGAINING FOR OR
 MODIFICATION OF DISCIPLINARY PROCEDURES.
   § 4. Section 204-a of the civil service law is amended by adding a new
 subdivision 4 to read as follows:
   4. THE TERMS OF ANY CURRENT OR EXPIRED  AGREEMENT  OR  INTEREST  ARBI-
 TRATION AWARD BETWEEN ANY PUBLIC EMPLOYER AND ANY PUBLIC EMPLOYEE ORGAN-
 IZATION  REPRESENTING  FIREFIGHTERS  RELATING  TO  THE DISCIPLINE OF ANY
 FIREFIGHTERS SHALL BE DEEMED VALID AND ENFORCEABLE  FROM  THE  EFFECTIVE
 DATE OF THIS SUBDIVISION.
   §  5. This act shall take effect on the first of March next succeeding
 the date on which it  shall  have  become  a  law  and  shall  apply  to
 proceedings  commenced  on or after such effective date. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of the provisions of this  act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.