Bill Text: NY A03757 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits public employers from dismissing or taking other disciplinary action against public employees if such employees are elected or appointed to represent the employee organization or its members or communicate or offer commentary on matters of public concern or matters affecting the employee organization or its members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental employees [A03757 Detail]

Download: New_York-2023-A03757-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3757

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2023
                                       ___________

        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 prohibiting public
          employers from taking disciplinary action against public employees  in
          certain cases

          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-b of the civil service  law  is
     2  amended by adding a new paragraph (b) to read as follows:
     3    (b)  A public employer shall not dismiss or take other disciplinary or
     4  other adverse personnel action against a public employee if such  public
     5  employee  is elected or appointed to represent the employee organization
     6  or its members or communicates or offers commentary on matters of public
     7  concern or matters affecting the employee organization or its members.
     8    § 2. Section 75-b of the civil service law is amended by adding a  new
     9  subdivision 3-a to read as follows:
    10    3-a.  It  shall be an affirmative defense in any disciplinary or other
    11  adverse personnel action  against  a  public  employee  if  such  public
    12  employee  is elected or appointed to represent the employee organization
    13  or its members, communicates or offers commentary on matters  of  public
    14  concern or matters affecting the employee organization or its members.
    15    § 3. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07873-01-3