Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees

BILL NUMBER:A9983

Title of bill

An act to amend the civil service law, in relation to hearing procedures for certain public employees

Purpose

Provides for procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees

Summary of provisions

This bill amends Subdivision 2 of Section 75 of the Civil Service Law to provide that disciplinary hearings against individual employees under the Civil Service Law to provide that disci- plinary hearing against individual employees under the civil service law shall he held by a hearing officer who is a member of the American Arbi- tration Association, selected by the mutual agreement of the parties involved. The decision of the hearing officer will be required to be implemented by the employer. In addition, this legislation provides that such employees may be suspended with pay during such disciplinary action.

Justification

The purpose of this bill is to ensure an impartial and fair due process hearing for permanent employees retained under the Civil Service Law and who are the subject of disciplinary charges. In addition, this bill seeks to protect civil service employees from being suspended without pay during such process.

Under the present provisions of Section 75 of the Civil Service Law, individuals who have attained permanent appointment as employees under the jurisdiction of the Civil Service Law may be removed from their positions or have other disciplinary actions taken (i.e., suspension without pay, demotion from grade and title) after a hearing held before the officer or body who has brought the charges. The employing officer or body therefore becomes both the prosecutor and the judge of the permanent employees actions.

This bill would provide a more fair procedure in which the hearing is before an impartial arbitrator selected upon mutual agreement of the parties, if no agreement can be reached, then selected under the rules of the American Arbitration Association. The hearing officer would hear the case and determine the appropriate penalty, if any. Such a system would give both the employer and the employee a fair opportunity to present their respective sides of the case and allow for impartial adju- dication.

In addition, by protecting civil service employees from being suspended without pay during such procedures, this bill conforms disciplinary hearing procedures brought against tenured teachers pursuant to Section 3020-a of the Education Law, thus ensuring the same due process for civil service employees.

Legislative history

2003-04: S.5371/A.6957 -- Remained in Committee

Fiscal implications

None

Effective date

This act shall take effect immediately.