S T A T E O F N E W Y O R K
________________________________________________________________________
3760
2023-2024 Regular Sessions
I N A S S E M B L Y
February 7, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
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.
LBD07852-01-3
A. 3760 2
and of the reasons therefor, shall be furnished a copy of the charges
preferred against him and shall be allowed at least eight days for
answering the same in writing. The hearing upon such charges shall be
held by the officer or body having the power to remove the person
against whom such charges are preferred, or by a deputy or other person
designated by such officer or body in writing for that purpose. In case
a deputy or other person is so designated, he shall, for the purpose of
such hearing, be vested with all the powers of such officer or body and
shall make a record of such hearing which shall, with his recommenda-
tions, be referred to such officer or body for review and decision.
NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE RECOM-
MENDATION OF THE HEARING OFFICER IN RELATION TO ANY STATE EMPLOYEE WHO
IS DESIGNATED MANAGERIAL OR CONFIDENTIAL UNDER ARTICLE FOURTEEN OF THIS
CHAPTER SHALL BE CONSIDERED FINAL AND NOT SUBJECT TO CHANGE OR MODIFICA-
TION. The person or persons holding such hearing shall, upon the request
of the person against whom charges are preferred, permit him to be
represented by counsel, or by a representative of a recognized or certi-
fied employee organization, and shall allow him to summon witnesses in
his behalf. The burden of proving incompetency or misconduct shall be
upon the person alleging the same. Compliance with technical rules of
evidence shall not be required.
§ 2. This act shall take effect immediately.