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Who cares
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Sponsors
No co-sponsors yet.
History
- Substituted by A2876
- Advanced to third reading
- 2nd report cal.
- 1st report cal.431
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Grants the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions
Signed by Governor · Sponsor Helene Weinstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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
New Bill.
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.