Legislation

§ 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 impersonate an employee organization or employee
organization representative" shall mean to use, with the specific intent
to deceive the recipient and thereby cause harm to such recipient or
employee organization, fraud, misrepresentation, material omission, or
other deception in making and disseminating a verbal, written, or
electronic communication that purports to be authorized or otherwise
approved by such employee organization or employee organization
representative 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) Whenever the attorney general shall believe, from evidence
satisfactory to the attorney general, that any person, including but not
limited to an individual, organization, firm, corporation, company,
partnership or association, or agent or employee thereof, has engaged or
is about to engage in the false impersonation of an employee
organization or an employee organization representative, the attorney
general may bring an action or proceeding in the name and on behalf of
the people of the state of New York to enjoin such unlawful acts or
practices. In such action or proceeding, preliminary relief may be
granted under article sixty-three of the civil practice law and rules.
In addition to and not in lieu of any other damages that may be claimed,
any person found to be in violation of this section through such action
or proceeding shall be fined one thousand dollars per incident;
provided, however, that a court shall have discretion to reduce the
total fine if the court finds that the amount of such fine is
disproportionate to the defendant's conduct.

(b) The attorney general may bring such an action against any person
disseminating verbal, written, or electronic communications in this
state, whether or not the person is within the state.

(c) In connection with any proposed action or proceeding under this
section, the attorney general is authorized to take proof and make a
determination of the relevant facts, and to issue subpoenas in
accordance with the civil practice law and rules.

4. To protect public employees from fraud or misrepresentation,
including the false impersonation of an employee organization
representative, an employee organization shall have, as a matter of
internal governance, the sole authority to identify and designate its
employee organization representatives.