Relates to independent hearing officers for certain disciplinary hearings

1 Co-sponsor

• George Latimer

Title of bill

An act to amend the civil service law, in relation to independent hearing officers for certain disciplinary hearings

Purpose

To provide for independent hearing officers in disciplinary actions against public employees.

Summary of provisions

Section 75 of the Civil Service Law is amended by adding a new subdivision 2-a.

Justification

Under current law, the appointing authority both brings charges and renders decisions in disciplinary proceedings. This obviously creates a conflict of interest and creates a situation inherently unfair to employees. This bill corrects this situation by providing for the appointment of an independent and neutral hearing officer who will hear charges and render a decision on behalf of the employer.

The bill provides that the light of public opinion will shine upon those instances where the accusation of wrongdoing against a public employee rises to the level of termination of employment. An impartial arbitrator, professional and experienced will render a determination free from the internal bruises that cloud the public's perception of public agency action.

This bill does not interfere with the collective bargaining process. In fact, in some instances it ensures a right to collectively bargain procedures crafted for a particular type of public employment.

Finally, the bill has a safety mechanism to prevent its unwarranted use. For an employee to request binding arbitration under the provision of this bill, he or she must split half the cost of the arbitration with the municipality. Further, if certain behavior of either party is found to be frivolous, the arbitrator may assign costs to the other party. This is a solid monetary discouragement to prevent abuse of this provision.

Effective date

First of March next succeeding the date on which it shall have become a law and shall apply to proceeding commenced on or after such effective date; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for implementation of the provisions of this act on its effective date are authorized and directed to be made and completed on or before such effective date.