Prohibits falsely impersonating an employee organization or an employee representative with the intent to undermine or interfere with the operations of such employee organization or to otherwise negatively impact an employee organization; provides that an employee organization or representative may bring a civil action to obtain damages for being falsely impersonated.
S T A T E O F N E W Y O R K
________________________________________________________________________
10835
I N A S S E M B L Y
April 1, 2026
___________
Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to prohibiting false-
ly impersonating an employee organization or employee organization
representative
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new section
216 to read as follows:
§ 216. FALSELY IMPERSONATING AN EMPLOYEE ORGANIZATION OR EMPLOYEE
ORGANIZATION REPRESENTATIVE. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "FALSELY IMPERSONATING AN EMPLOYEE ORGANIZATION OR EMPLOYEE ORGAN-
IZATION REPRESENTATIVE" SHALL MEAN THE KNOWING USE OF FRAUD OR MISREPRE-
SENTATION TO MAKE AND DISSEMINATE A VERBAL, WRITTEN, OR ELECTRONIC
COMMUNICATION, WITH THE INTENT TO UNDERMINE OR INTERFERE WITH THE OPER-
ATIONS OF AN EMPLOYEE ORGANIZATION, OR OTHERWISE NEGATIVELY IMPACT AN
EMPLOYEE ORGANIZATION, AND THAT PURPORTS TO BE AUTHORIZED OR OTHERWISE
APPROVED BY SUCH EMPLOYEE ORGANIZATION OR EMPLOYEE ORGANIZATION REPRE-
SENTATIVE BUT THAT HAS NOT BEEN AUTHORIZED OR APPROVED BY SUCH EMPLOYEE
ORGANIZATION OR EMPLOYEE ORGANIZATION REPRESENTATIVE.
(B) "EMPLOYEE ORGANIZATION REPRESENTATIVE" SHALL MEAN ANY PERSON
AUTHORIZED BY AN EMPLOYEE ORGANIZATION, PURSUANT TO ITS CONSTITUTION,
BYLAWS OR OTHER INTERNAL RULES OR PROCEDURES, TO ACT ON BEHALF OF SUCH
EMPLOYEE ORGANIZATION.
2. NO PERSON SHALL FALSELY IMPERSONATE AN EMPLOYEE ORGANIZATION OR AN
EMPLOYEE ORGANIZATION REPRESENTATIVE.
3. (A) AN EMPLOYEE ORGANIZATION OR AN EMPLOYEE ORGANIZATION REPRESEN-
TATIVE ALLEGING A VIOLATION OF THIS SECTION MAY BRING A CIVIL ACTION IN
A COURT OF COMPETENT JURISDICTION TO OBTAIN DAMAGES.
(B) IN ADDITION TO AND NOT IN LIEU OF ANY OTHER DAMAGES THAT MAY BE
CLAIMED, AN EMPLOYEE ORGANIZATION OR AN EMPLOYEE ORGANIZATION REPRESEN-
TATIVE SHALL RECEIVE STATUTORY DAMAGES IN AN AMOUNT OF FIFTEEN THOUSAND
DOLLARS PER INCIDENT IN ANY ACTION IN WHICH SUCH EMPLOYEE ORGANIZATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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