Assembly Bill A6146A

2023-2024 Legislative Session

Relates to the disclosure of public employee disciplinary records

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

2023-A6146 - Details

See Senate Version of this Bill:
S5500
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§87 & 86, Pub Off L

2023-A6146 - Summary

Requires an agency, the state legislature, or the judiciary responding to a request for public employee disciplinary records to notify the public employee whose personal information is subject to the request.

2023-A6146 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6146
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public officers law, in relation to  the  disclosure
   of law enforcement disciplinary records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 87 of the public officers law is amended by  adding
 a new subdivision 4-c to read as follows:
   4-C.  AN  AGENCY RESPONDING TO A REQUEST FOR LAW ENFORCEMENT DISCIPLI-
 NARY RECORDS AS DEFINED IN SECTION  EIGHTY-SIX  OF  THIS  ARTICLE  SHALL
 PROVIDE  WRITTEN  NOTICE  OF  SUCH REQUEST FOR RECORDS TO ANY OFFICER OR
 EMPLOYEE WHOSE PERSONAL INFORMATION IS THE SUBJECT OF SUCH  REQUEST  AND
 RELEASED  PURSUANT  THERETO, WITHIN FIVE BUSINESS DAYS OF THE RELEASE OF
 SUCH RECORDS.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10064-01-3

co-Sponsors

2023-A6146A (ACTIVE) - Details

See Senate Version of this Bill:
S5500
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§87 & 86, Pub Off L

2023-A6146A (ACTIVE) - Summary

Requires an agency, the state legislature, or the judiciary responding to a request for public employee disciplinary records to notify the public employee whose personal information is subject to the request.

2023-A6146A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6146--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. BUTTENSCHON, SILLITTI, SLATER, BERGER -- read
   once and referred to  the  Committee  on  Governmental  Operations  --
   recommitted  to the Committee on Governmental Operations in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to amend the public officers law, in relation to the disclosure
   of public employee disciplinary records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 87 of the public officers law is amended by adding
 a new subdivision 4-c to read as follows:
   4-C. AN AGENCY RESPONDING TO A REQUEST FOR PUBLIC  EMPLOYEE  DISCIPLI-
 NARY RECORDS SHALL PROVIDE WRITTEN NOTICE OF SUCH REQUEST FOR RECORDS TO
 ANY  PUBLIC  EMPLOYEE  WHOSE PERSONAL INFORMATION IS THE SUBJECT OF SUCH
 REQUEST AND RELEASED PURSUANT THERETO, WITHIN FIVE BUSINESS DAYS OF  THE
 RELEASE OF SUCH RECORDS.
   §  2.  Section  86 of the public officers law is amended by adding two
 new subdivisions 12 and 13 to read as follows:
   12. "PUBLIC EMPLOYEE" MEANS ANY OFFICER OR EMPLOYEE OF AN AGENCY,  THE
 STATE LEGISLATURE, OR THE JUDICIARY.
   13. "PUBLIC EMPLOYEE DISCIPLINARY RECORDS" MEANS ANY RECORD CREATED IN
 FURTHERANCE OF AN EMPLOYMENT-RELATED DISCIPLINARY PROCEEDING REGARDING A
 PUBLIC EMPLOYEE, INCLUDING, BUT NOT LIMITED TO:
   (A)  THE  COMPLAINTS,  ALLEGATIONS,  AND  CHARGES  AGAINST SUCH PUBLIC
 EMPLOYEE;
   (B) THE NAME OF SUCH PUBLIC EMPLOYEE COMPLAINED OF OR CHARGED;
   (C) THE TRANSCRIPT OF ANY DISCIPLINARY TRIAL OR HEARING, INCLUDING ANY
 EXHIBITS INTRODUCED AT SUCH TRIAL OR HEARING;
   (D) THE DISPOSITION OF ANY DISCIPLINARY PROCEEDING; AND
   (E) THE FINAL WRITTEN OPINION OR MEMORANDUM SUPPORTING THE DISPOSITION
 AND DISCIPLINE IMPOSED INCLUDING THE DISCIPLINARY BODY'S COMPLETE FACTU-
 AL FINDINGS AND ITS ANALYSIS OF THE CONDUCT AND  APPROPRIATE  DISCIPLINE
 OF SUCH PUBLIC EMPLOYEE.
   § 3. This act shall take effect immediately.

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