Assembly Bill A3332

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3332
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 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]  SUCH  EMPLOYEE'S  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  within  a reasonable period of time the employer
 has the right to then question 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 questioning as well  as  any  evidence  or
 information  obtained as a result of said questioning shall be excluded,
 provided, however, that this subdivision 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04596-01-5
              

 A. 3332                             2
 
 shall  have written notice thereof and of the reasons therefor, shall be
 furnished a copy of the charges preferred against [him] SUCH PERSON  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] THEY 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] THEIR recommendations, be  referred
 to  such  officer  or body for review and decision.  NOTWITHSTANDING ANY
 OTHER PROVISIONS OF LAW TO THE CONTRARY, THE RECOMMENDATION OF THE HEAR-
 ING OFFICER IN RELATION TO ANY STATE EMPLOYEE WHO IS DESIGNATED  MANAGE-
 RIAL  OR  CONFIDENTIAL  UNDER  ARTICLE FOURTEEN OF THIS CHAPTER SHALL BE
 CONSIDERED FINAL AND NOT SUBJECT TO CHANGE OR MODIFICATION.  The  person
 or  persons  holding  such hearing shall, upon the request of the person
 against whom charges are preferred,  permit  [him]  SUCH  PERSON  to  be
 represented by counsel, or by a representative of a recognized or certi-
 fied  employee organization, and shall allow [him] SUCH PERSON to summon
 witnesses in [his] behalf OF SUCH PERSON. The burden of proving incompe-
 tency or misconduct shall be upon the person alleging the same.  Compli-
 ance with technical rules of evidence shall not be required.
   § 2. This act shall take effect immediately.