Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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May 23, 2023 | print number 1039a |
May 23, 2023 | amend and recommit to finance |
May 17, 2023 | reported and committed to finance |
Jan 09, 2023 | referred to civil service and pensions |
senate Bill S1039A
Sponsored By
Robert Jackson
(D, WF) 31st Senate District
Current Bill Status - In Senate Committee Finance Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Bill Amendments
Co-Sponsors
John W. Mannion
(D) 50th Senate District
S1039 - Details
S1039 - Summary
Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees not in the service of the city of New York, including the fees to be paid for such hearing officer; provides for suspension, with pay, pending the determination.
S1039 - Sponsor Memo
BILL NUMBER: S1039 SPONSOR: JACKSON TITLE OF BILL: An act to amend the civil service law, in relation to hearing procedures for certain public employees PURPOSE: Provides for procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees. SUMMARY OF PROVISIONS: Sections 1, 2, and 3 amend Section 75 of the Civil Service Law to provide that disciplinary hearings against individual employees not in the service of the City of New York shall be held by a hearing officer who is a member of the American Arbitration Association, selected by the mutual agreement of the parties involved. The decision of the hearing officer will be required to be implemented by the employer. In addition, this legislation provides that such employees may be suspended with pay
S1039 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1039 2023-2024 Regular Sessions I N S E N A T E January 9, 2023 ___________ 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 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 and a new subdi- vision 2-b is added to read as follows: 2. Procedure; NEW YORK CITY EMPLOYEES. [An] FOR ANY EMPLOYEE IN THE SERVICE OF THE CITY OF NEW YORK DESCRIBED IN PARAGRAPH (A), (B), (C), (D), OR (E) OF SUBDIVISION ONE OF THIS SECTION, IF SUCH employee [who] at the time of questioning appears to be a potential subject of disci- plinary action, HE OR SHE shall have a right to representation 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 question- ing, where it appears that such employee is a potential subject of disciplinary action, have a right to representation and shall be noti- fied 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03619-01-3
Co-Sponsors
John W. Mannion
(D) 50th Senate District
Zellnor Myrie
(D) 20th Senate District
S1039A (ACTIVE) - Details
S1039A (ACTIVE) - Summary
Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees not in the service of the city of New York, including the fees to be paid for such hearing officer; provides for suspension, with pay, pending the determination.
S1039A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1039A Revised 5/25/2023 SPONSOR: JACKSON TITLE OF BILL: An act to amend the civil service law, in relation to hearing procedures for certain public employees PURPOSE: Provides for procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees. SUMMARY OF PROVISIONS: Sections I, 2, and 3 amend Section 75 of the Civil Service Law to provide that disciplinary hearings against individual employees not in the service of the City of New York shall be held by a hearing officer who is a member of the American Arbitration Association, selected by the mutual agreement of the parties involved. The decision of the hearing officer will be required to be implemented by the employer. In addition, this legislation provides that such employees may be suspended with pay
S1039A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1039--A 2023-2024 Regular Sessions I N S E N A T E January 9, 2023 ___________ Introduced by Sens. JACKSON, MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 and paragraph (a) of subdivision 2-a of section 75 of the civil service law, subdivision 2 as amended by chapter 226 of the laws of 1994 and paragraph (a) of subdivision 2-a as added by chapter 674 of the laws of 2022, are amended and a new subdivision 2-b is added to read as follows: 2. Procedure; NEW YORK CITY EMPLOYEES. [An] FOR ANY EMPLOYEE IN THE SERVICE OF THE CITY OF NEW YORK DESCRIBED IN PARAGRAPH (A), (B), (C), (D), OR (E) OF SUBDIVISION ONE OF THIS SECTION, IF SUCH employee [who] at the time of questioning appears to be a potential subject of disci- plinary action, HE OR SHE shall have a right to representation 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 question- ing, where it appears that such employee is a potential subject of disciplinary action, have a right to representation and shall be noti- fied 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03619-03-3
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