Senate Bill S1039

Vetoed By Governor
2023-2024 Legislative Session

Relates to procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees

download bill text pdf

Sponsored By

Current Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S1039 - Details

Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5205
2021-2022: S2891

2023-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.

2023-S1039 - Sponsor Memo

2023-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

2023-S1039A (ACTIVE) - Details

Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5205
2021-2022: S2891

2023-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.

2023-S1039A (ACTIVE) - Sponsor Memo

2023-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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