Bill Text: NY A03760 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to hearing procedures for certain public employees; provides that the recommendation of a hearing officer in relation to designated managerial and confidential employees shall be considered final and not subject to change or modification.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to governmental employees [A03760 Detail]

Download: New_York-2023-A03760-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3760

                               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 hearing procedures
          for certain public employees

          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
    24  to article fourteen of this chapter. A person against  whom  removal  or
    25  other  disciplinary action is proposed shall have written notice thereof

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07852-01-3
        A. 3760                             2

     1  and of the reasons therefor, shall be furnished a copy  of  the  charges
     2  preferred  against  him  and  shall  be  allowed at least eight days for
     3  answering the same in writing. The hearing upon such  charges  shall  be
     4  held  by  the  officer  or  body  having  the power to remove the person
     5  against whom such charges are preferred, or by a deputy or other  person
     6  designated  by such officer or body in writing for that purpose. In case
     7  a deputy or other person is so designated, he shall, for the purpose  of
     8  such  hearing, be vested with all the powers of such officer or body and
     9  shall make a record of such hearing which shall,  with  his  recommenda-
    10  tions,  be  referred  to  such  officer or body for review and decision.
    11  Notwithstanding any other provisions of law to the contrary, the  recom-
    12  mendation  of  the hearing officer in relation to any state employee who
    13  is designated managerial or confidential under article fourteen of  this
    14  chapter shall be considered final and not subject to change or modifica-
    15  tion. The person or persons holding such hearing shall, upon the request
    16  of  the  person  against  whom  charges  are preferred, permit him to be
    17  represented by counsel, or by a representative of a recognized or certi-
    18  fied employee organization, and shall allow him to summon  witnesses  in
    19  his  behalf.  The  burden of proving incompetency or misconduct shall be
    20  upon the person alleging the same.  Compliance with technical  rules  of
    21  evidence shall not be required.
    22    § 2. This act shall take effect immediately.