Grants the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions

BILL NUMBER:A2876 REPLACEMENT 5/21/10

Title of bill

An act to amend the court of claims act, in relation to granting the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions

Purpose of bill

This bill would address the recent Court of Claims decision in Keskin v. State and grant the Court of Claims jurisdiction over whistleblower cases.

Summary of provisions of bill

This bill amends section nine of the court of claims act by adding a new subdivision 13 to provide the Court can hear and determine a claim of any person against the state for a retaliatory personnel action by its officers or employees pursuant to section seventy-five-b of the civil service law or section seven hundred forty of the labor law.

Justification

In Keskin v. State (2007), Court of Claims Judge Philip J. Patti noted that the Court of Claims does not have jurisdiction to enforce New York State's whistleblower statutes. He pointed out that the Legislature has done nothing since issue was first highlighted in Taylor v. State 160 Misc.2d 120 (1994). Because of this jurisdictional defect, Judge Patti reluctantly dismissed the claim by Kimberly Keskin who alleged she was fired from her job because she reported wrongdoing by a Family Court Judge.

This legislation would grant the Court of Claims subject matter jurisdiction over any claims alleging violations of section 75-b of the civil service law and section 740 of the labor law, our whistleblower statutes. Presently, whistleblower relief is available in state supreme court and there is no legal justification to preclude such cases in the Court of Claims.

Legislative history

2009: A.2876 - Passed Assembly 2007-08: A.6431-A - A. Calendar

Fiscal implications for state and local governments

None.

Effective date

Immediately.