Assembly Bill A5912A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5912--A
                                                         Cal. No. 149
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. BORES, COLTON, DeSTEFANO, GIBBS, ZINERMAN -- read
   once  and  referred  to  the  Committee  on  Governmental Employees --
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place on the order of third reading

 AN  ACT  to  amend  the civil service law, in relation to requiring exit
   surveys for resigning employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "improve
 civil service working conditions act".
   § 2. The civil service law is amended by adding a new section 159-e to
 read as follows:
   § 159-E. EXIT SURVEYS AND INTERVIEWS. 1. FOR PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "RESIGNING EMPLOYEE" MEANS AN EMPLOYEE WHO HAS PROVIDED  NOTICE  OF
 RESIGNATION  FROM  EMPLOYMENT  IN  THE  STATE CIVIL SERVICE BUT DOES NOT
 INCLUDE A RETIRING EMPLOYEE.
   B. "RETIRING EMPLOYEE" MEANS AN EMPLOYEE WHO HAS  PROVIDED  NOTICE  OF
 RETIREMENT FROM EMPLOYMENT IN THE STATE SERVICE.
   C.  "STATE AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH
 A OF SUBDIVISION ONE OF SECTION TWO HUNDRED ONE OF THE EXECUTIVE LAW.
   2. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, EACH AGENCY
 SHALL PROVIDE TO THE DEPARTMENT COPIES OF ANY EXIT SURVEYS  OR  POLICIES
 THAT  SUCH STATE AGENCY ADMINISTERS IN RELATION TO RESIGNING OR RETIRING
 EMPLOYEES.
   3. UPON CONSIDERATION OF ANY EXIT SURVEYS OR  POLICIES  RECEIVED  FROM
 AGENCIES  PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION, THE PRESIDENT
 SHALL CREATE A COMPREHENSIVE EXIT  SURVEY  AND  INTERVIEW  PROTOCOL  FOR
 RESIGNING  EMPLOYEES  AND  RETIRING EMPLOYEES. SUCH SURVEY AND INTERVIEW
 PROTOCOL SHALL INCLUDE, BUT NOT BE LIMITED TO: A. QUESTIONS DESIGNED  TO
 ELICIT DETAILS REGARDING THE QUALITY OF THE EMPLOYEE'S EXPERIENCE DURING
 THEIR EMPLOYMENT IN STATE SERVICE AND THE EMPLOYEE'S REASONS FOR RESIGN-
 ING OR RETIRING FROM EMPLOYMENT IN THE STATE SERVICE; B. BASIC PROTOCOLS
 FOR  MANAGERS  THAT SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) PROCEDURES
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02150-04-6
 A. 5912--A                          2

 TO ADMINISTER SUCH INTERVIEWS; AND (II) PROCEDURES BY WHICH RESIGNING OR
 RETIRING EMPLOYEES WILL BE INFORMED OF THE PURPOSE  OF  SUCH  INTERVIEW;
 AND  C.  A  METHOD  BY  WHICH  RESIGNING  OR RETIRING EMPLOYEES SHALL BE
 INFORMED  THAT  THEIR  RESPONSES  TO EXIT SURVEYS ARE NOT SUBJECT TO THE
 FREEDOM OF INFORMATION LAW AS SET FORTH IN ARTICLE  SIX  OF  THE  PUBLIC
 OFFICER'S LAW.
   4.  A.  STATE  AGENCIES  SHALL  OFFER  ELECTRONIC EXIT SURVEYS CREATED
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION TO ALL RESIGNING EMPLOYEES
 AND RETIRING EMPLOYEES, TO BE COMPLETED ON A VOLUNTARY BASIS.
   B. STATE AGENCIES SHALL MAKE BEST EFFORTS TO  OFFER  TO  CONDUCT  EXIT
 INTERVIEWS  PURSUANT  TO  THE  PROTOCOL REQUIRED BY SUBDIVISION THREE OF
 THIS SECTION TO AS MANY RESIGNING EMPLOYEES AND  RETIRING  EMPLOYEES  AS
 PRACTICABLE  THROUGHOUT  THE  REPORTING  PERIOD; PROVIDED, HOWEVER, THAT
 EACH STATE AGENCY SHALL OFFER AN EXIT INTERVIEW TO NO FEWER THAN  THIRTY
 PERCENT OF RESIGNING OR RETIRING EMPLOYEES.
   C. EXIT SURVEYS AND INTERVIEWS SHALL BE OFFERED TO RESIGNING EMPLOYEES
 OR RETIRING EMPLOYEES AS EARLY AS PRACTICABLE FOLLOWING NOTICE OF RESIG-
 NATION OR RETIREMENT AND, IF SUCH EMPLOYEE ELECTS TO PARTICIPATE IN SUCH
 SURVEY  OR  INTERVIEW,  SHALL  BE CONDUCTED ON OR BEFORE SUCH EMPLOYEE'S
 LAST DAY OF EMPLOYMENT.
   5. NO LATER THAN MARCH THIRTIETH,  TWO  THOUSAND  TWENTY-NINE  AND  BY
 MARCH  THIRTIETH ANNUALLY THEREAFTER, THE DEPARTMENT SHALL SUBMIT TO THE
 GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE  TEMPORARY  PRESIDENT  OF
 THE SENATE:
   A.  A  COPY  OF  THE  COMPREHENSIVE EXIT SURVEY AND INTERVIEW PROTOCOL
 REQUIRED BY SUBDIVISION THREE OF THIS SECTION; AND
   B. A REPORT REGARDING  RESPONSES  FROM  EXIT  SURVEYS  AND  INTERVIEWS
 ADMINISTERED  DURING THE REPORTING PERIOD PURSUANT TO THIS SECTION. SUCH
 REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:
   (I) THE FOLLOWING INFORMATION  ON  RESIGNING  EMPLOYEES  AND  RETIRING
 EMPLOYEES  FOR  THE  PRIOR CALENDAR YEAR, DISAGGREGATED BY STATE AGENCY,
 CIVIL SERVICE TITLE, BUSINESS TITLE,  TITLE  CLASSIFICATION,  MANAGERIAL
 STATUS,  AS  APPLICABLE,  AND  STATUS  AS RESIGNING EMPLOYEE OR RETIRING
 EMPLOYEE:
   (1) THE NUMBER OF SUCH EMPLOYEES;
   (2) THE NUMBER OF SUCH EMPLOYEES WHO WERE OFFERED TO COMPLETE AN  EXIT
 SURVEY;
   (3) THE NUMBER OF SUCH EMPLOYEES WHO WERE OFFERED AN EXIT INTERVIEW;
   (4) THE NUMBER OF SUCH EMPLOYEES WHO COMPLETED AN EXIT SURVEY; AND
   (5) THE NUMBER OF SUCH EMPLOYEES WHO COMPLETED AN EXIT INTERVIEW.
   (II)  A SUMMARY AND ANALYSIS OF INFORMATION OBTAINED FROM EXIT SURVEYS
 AND INTERVIEWS ADMINISTERED TO RESIGNING EMPLOYEES AND RETIRING  EMPLOY-
 EES  IN  THE  PRIOR  CALENDAR YEAR. SUCH SUMMARY AND ANALYSIS SHALL MAKE
 BEST EFFORTS TO ADDRESS THE REASONS FOR RESIGNATION OR RETIREMENT  GIVEN
 BY  SURVEYED  AND  INTERVIEWED EMPLOYEES, WHICH MAY INCLUDE, BUT ARE NOT
 LIMITED TO: CAREER CHANGE; DECISION TO PURSUE FURTHER EDUCATION;  REMOTE
 WORK  POLICIES;  LEAVE  POLICIES; CAREGIVING RESPONSIBILITIES; WAGES AND
 OTHER COMPENSATION; CONFLICT WITH COLLEAGUES; CONFLICT WITH  MANAGEMENT;
 PERCEIVED  UNSAFE WORKING CONDITIONS; CONCERNS ABOUT POSSIBLE HARASSMENT
 OR DISCRIMINATION; WORKLOAD; LOSS OF CITY RESIDENCY; AND COMMUTE TIME.
   § 3. Individual  responses  to  exit  surveys  collected  pursuant  to
 section  159-e of the civil service law shall be exempt from the Freedom
 of Information Law as set forth in article 6 of the public officers law.
   § 4. This act shall take effect immediately.