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S680Senate2009-2010 SessionSame asA7712

Prohibits certain adverse actions by public employers to be taken against public employees for the reporting of certain violations endangering children

Sponsor William J. Larkin Jr.SD-39+3 co-sponsorsAffects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

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Who cares

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Sponsors

Primary sponsor
William J. Larkin Jr.

Senator · Senate District 39

History

  1. Referred to civil service and pensions
  2. Referred to civil service and pensions

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the civil service law, in relation to retaliatory actions by public employers taken against public employees

Purpose

This bill expands the current whistle blower statute that protects public employees who are the subject of adverse public employer actions other than disciplinary actions that are covered under the law.

Summary of provisions

Section 1: Amends Civil Service Law section 75-b which protects "whistle blower" public employees that disclose information regarding a violation of law by a public employer that presents a substantial danger to the public health or safety. This bill:

Read the full memo (620 words)

- Expands protections to public employees who expose situations during the course of their employment that could reasonably lead to endangering the welfare of a minor, including, but not limited to physical, mental or sexual misuse or abuse.

- Broadens the types of actions taken by public employers that punish or impose retribution on "whistle blowing" public employees to include the elimination of a job title or classification that uniquely fits and singles out one individual. Under current law, public employees are only protected when such employee becomes the subject of a disciplinary hearing or other disciplinary action.

- The court may award attorney fees to public employees that prevail in court when challenging public employer actions in which an employee experienced retribution or other adverse actions due to the whistle blowing conduct of a public employee. Further, when no disciplinary action had been filed by the public employer, but an adverse action, such as eliminating the public employee's job title, has occurred, under current law, the public employee must hire their own lawyer at their own expense to challenge the adverse action allegedly perpetrated by the public employer. This bill will allow for the compensation of a public employee of their legal costs that were incurred to fight a wrongful termination.

A similar bill was Vetoed by Governor Spitzer in 2007 because of certain technical problems. This bill addresses those technical problems. First, the bill clearly limits its provisions to individuals who targeted for whistle blower activities. Second, the bill makes it abundantly clear that the aggrieved employee has the burden to prove that he was targeted for retribution. Third, the retroactive provision of the former bill was removed.

Existing law

See above.

Justification

In Orange County, a school employee had his job title "eliminated" (hence his job) by a local school district. Coincidentally, this is the same employee who provided information to the Orange County District Attorney's office about the superintendent of school's possessing pornography. The information supplied by this public employee to law enforcement officials raised several red flags and was used by the DA's office to help convict the superintendent of schools for molesting a teenage male student and of possessing illegal sexual materials.

Under the current "whistle blower" statue, the elimination of a job title by a school district is not covered under Civil Service Law section 75-b. Further, since this termination is not covered by this law, the public employee must obtain and pay for his own private attorney to defend his job termination. This bill awards attorney fees for public employees that successfully prevail against public employers for their wrongful actions in court.

This bill should give public employees a level of confidence that when they supply important information to law enforcement officials about the conduct of illegal activity that adversely affects the welfare of a minor, including, but not limited to physical, mental or sexual misuse or abuse, that their jobs will be protected.

Legislative history

S.1582 of 2007, S.6983 of 2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Effective Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.