Bill Text: NY A00296 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires the furnishing of those placed on leave with notice of the charges within forty-five days of being placed on leave; creates the presumption of invalidity for the charges against the employee in the event the forty-five days passes without furnishing the notice and charges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-10 - held for consideration in governmental employees [A00296 Detail]
Download: New_York-2021-A00296-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 296 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to the furnishing of those placed on leave with notice of the charges within forty-five days of being placed on leave The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 75 of the civil service law, as 2 amended by chapter 226 of the laws of 1994, is amended to read as 3 follows: 4 2. Procedure. An employee who at the time of questioning appears to be 5 a potential subject of disciplinary action shall have a right to repre- 6 sentation by his or her certified or recognized employee organization 7 under article fourteen of this chapter and shall be notified in advance, 8 in writing, of such right. A state employee who is designated managerial 9 or confidential under article fourteen of this chapter, shall, at the 10 time of questioning, where it appears that such employee is a potential 11 subject of disciplinary action, have a right to representation and shall 12 be notified in advance, in writing, of such right. If representation is 13 requested a reasonable period of time shall be afforded to obtain such 14 representation. If the employee is unable to obtain representation with- 15 in a reasonable period of time the employer has the right to then ques- 16 tion the employee. A hearing officer under this section shall have the 17 power to find that a reasonable period of time was or was not afforded. 18 In the event the hearing officer finds that a reasonable period of time 19 was not afforded then any and all statements obtained from said ques- 20 tioning as well as any evidence or information obtained as a result of 21 said questioning shall be excluded, provided, however, that this subdi- 22 vision shall not modify or replace any written collective agreement 23 between a public employer and employee organization negotiated pursuant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03979-01-1A. 296 2 1 to article fourteen of this chapter. A person against whom removal or 2 other disciplinary action is proposed shall have written notice thereof 3 and of the reasons therefor, shall be furnished a copy of the charges 4 preferred against him and shall be allowed at least eight days for 5 answering the same in writing; provided that such notice and copy of the 6 charges shall be furnished within forty-five days of a person being 7 suspended, placed on administrative leave or otherwise forced to take a 8 leave of absence from their position. In the event that such notice and 9 copy of the charges are not furnished within the forty-five day period, 10 such charges against the employee shall be presumed invalid. The hearing 11 upon such charges shall be held by the officer or body having the power 12 to remove the person against whom such charges are preferred, or by a 13 deputy or other person designated by such officer or body in writing for 14 that purpose. In case a deputy or other person is so designated, he 15 shall, for the purpose of such hearing, be vested with all the powers of 16 such officer or body and shall make a record of such hearing which 17 shall, with his recommendations, be referred to such officer or body for 18 review and decision. The person or persons holding such hearing shall, 19 upon the request of the person against whom charges are preferred, 20 permit him to be represented by counsel, or by a representative of a 21 recognized or certified employee organization, and shall allow him to 22 summon witnesses in his behalf. The burden of proving incompetency or 23 misconduct shall be upon the person alleging the same. Compliance with 24 technical rules of evidence shall not be required. 25 § 2. This act shall take effect immediately.
