Clarifies the improper governmental actions which may be disclosed by state legislative employees without retaliation from their legislative employer

3 Co-sponsors

• Jeffrey D. Klein
• David Carlucci
• David J. Valesky

BILL NUMBER:S4458

Title of bill

An act to amend the civil service law, in relation to the reporting of improper governmental actions by legislative employees

Purpose

The purpose of this bill is to expand the "whistle blower" protections contained in the Civil Service Law for public employees to clearly include the disclosure of information about the activities of a state legislator or legislative employee that has or may have violated the ethics provisions of the Legislative Law or Article 4 of the Public Officers Law or the Penal Law related to corruption activities.

Summary of provisions

Section 1: Amends Civil Service Law section 75-b (2) to clearly expand the "whistle blower" law protections for government employees to include situations when a legislative employee reports to the Commission on Public Integrity, Legislative Ethics Commission, the NYS Attorney General, local District Attorney or any other governmental body that such state legislator or legislative employee has or may have violated the State's Ethics Laws, Public Officers Law or the Penal Law.

Section 2: Amends civil Service Law section 75-b to add a new subdivision (5) to mandate that every public employer that is part of the legislative branch of government must inform their public employees of their rights, duties and protections provided for under this new law. Further, a prominent notice of such protections must be posted at the place of employment in an easily accessible area of employment

Justification

This legislation will assist in improving the enforcement of ethics laws by providing "whistle blower" protections for officers and employers of the legislative branch of government. Legislative employees serve at the pleasure of their appointing authority; their "at will" status may deter an employee from reporting violations to regulatory bodies including the Commission on Public Integrity and the Legislative Ethics Committee. Providing protections to those who are in positions to know the ethics laws and possibly be aware of violations will facilitate enforcement of these valuable laws.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect 30 days after it shall have become law.