What's happening
This bill amends civil service law to establish separate disciplinary hearing procedures and suspension rules for New York City and non-New York City public employees.
Why it matters
Creates distinct disciplinary procedures for NYC and non-NYC public employees. , meaning that the process for investigating and punishing alleged employee misconduct will be governed by separate sets of rules depending on the employee’s location. This may affect the consistency and perceived fairness of hearings across the state.
Non-NYC public employees gain the right to have disciplinary hearings conducted by an arbitrator from the American Arbitration Association. (AAA), rather than by their employer or a designee. This introduces a greater degree of third-party oversight and could potentially reduce employer influence over outcomes, possibly leading to fairer results for employees.
Suspension rules are changed for non-NYC employees. , who must now be suspended with pay pending disciplinary hearings—except in cases involving serious drug-related felonies—while NYC employees may still be suspended without pay. This shift could provide more financial protection to upstate and suburban public employees during investigations.
Collective bargaining agreements are explicitly preserved. , so if a union contract already has existing procedures or hearing officer arrangements, those take precedence over these new statutory provisions. This limits the bill’s impact in workplaces where unions have already negotiated different protections or processes.
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Who cares
Headline styles
Standardize Disciplinary Hearing Process
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 7624b
- Amend and recommit to governmental employees
- Committed to governmental employees
- Ordered to third reading cal.283
- Substituted by S5205A
- Rules report cal.673
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Reported referred to codes
- Print number 7624a
- Amend and recommit to governmental employees
Show 1 earlier action
- Referred to governmental employees
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.
Reform Public Employee Hearings
In Senate Committee · Civil Service And Pensions · Sponsor Andrew Gounardes
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7624--B
2019-2020 Regular Sessions
IN ASSEMBLY
May 14, 2019
Introduced by M. of A. ABBATE, SIMON, SANTABARBARA, DeSTEFANO, DARLING, REYES, CRUZ, ASHBY, LENTOL, MOSLEY -- read once and referred to the Committee on Governmental Employees -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil service law, in relation to hearing procedures for certain public employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 75 of the civil service law, as amended by chapter 226 of the laws of 1994, is amended and a new subdivision 2-a is added to read as follows:
2. Procedure; New York city employees. [An] For any employee in the service of the city of New York described in paragraph (a), (b), (c), (d), or (e) of subdivision one of this section, if such employee [who] at the time of questioning appears to be a potential subject of disciplinary action, he or she shall have a right to representation by his or her certified or recognized employee organization under article fourteen of this chapter and shall be notified in advance, in writing, of such right. [A state employee who is designated managerial or confidential under article fourteen of this chapter, shall, at the time of questioning, where it appears that such employee is a potential subject of disciplinary action, have a right to representation and shall be notified in advance, in writing, of such right.] If representation is requested a reasonable period of time shall be afforded to obtain such representation. If the employee is unable to obtain representation within a reasonable period of time the employer has the right to then question the employee. A hearing officer under this section shall have the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11197-05-0
A. 7624--B 2
power to find that a reasonable period of time was or was not afforded. In the event the hearing officer finds that a reasonable period of time was not afforded then any and all statements obtained from said questioning as well as any evidence or information obtained as a result of said questioning shall be excluded, provided, however, that this subdivision shall not modify or replace any written collective agreement between a public employer and employee organization negotiated pursuant to article fourteen of this chapter. A person against whom removal or other disciplinary action is proposed shall have written notice thereof and of the reasons therefor, shall be furnished a copy of the charges preferred against him or her and shall be allowed at least eight days for answering the same in writing. The hearing upon such charges shall be held by the officer or body having the power to remove the person against whom such charges are preferred, or by a deputy or other person designated by such officer or body in writing for that purpose. In case a deputy or other person is so designated, he or she shall, for the purpose of such hearing, be vested with all the powers of such officer or body and shall make a record of such hearing which shall, with his or her recommendations, be referred to such officer or body for review and decision. The person or persons holding such hearing shall, upon the request of the person against whom charges are preferred, permit him or her to be represented by counsel, or by a representative of a recognized or certified employee organization, and shall allow him or her to summon witnesses in his or her behalf. The burden of proving incompetency or misconduct shall be upon the person alleging the same. Compliance with technical rules of evidence shall not be required.
2-a. Procedure; non-New York city employees. For any employee described in paragraph (a), (b), (c), or (e) of subdivision one of this section not in the service of the city of New York, the following procedure shall apply: An employee under this subdivision who at the time of questioning appears to be a potential subject of disciplinary action shall have a right to representation by his or her certified or recognized employee organization under article fourteen of this chapter and shall be notified in advance, in writing, of such right. A state employee who is designated managerial or confidential under article fourteen of this chapter, shall, at the time of questioning, where it appears that such employee is a potential subject of disciplinary action, have a right to representation and shall be notified in advance, in writing, of such right. If representation is requested a reasonable period of time shall be afforded to obtain such representation. If the employee is unable to obtain representation within a reasonable period of time the employer has the right to then question the employee. A hearing officer under this section shall have the power to find that a reasonable period of time was or was not afforded. In the event the hearing officer finds that a reasonable period of time was not afforded then any and all statements obtained from said questioning as well as any evidence or information obtained as a result of said questioning shall be excluded, provided, however, that this subdivision shall not modify or replace any written collective agreement between a public employer and employee organization negotiated pursuant to article fourteen of this chapter. A person against whom removal or other disciplinary action is proposed shall have written notice thereof and of the reasons thereof, shall be furnished a copy of the charges preferred against him or her and shall be allowed at least eight days for answering the same in writing. The hearing upon such charges shall be held by a hearing officer who shall be a member of the American Arbitration Association, and such hearing
A. 7624--B 3
officer shall be selected by the mutual agreement of the person against whom disciplinary action is proposed and of the employing officer or body. If such mutual agreement cannot be reached, then the hearing officer shall be selected pursuant to the rules of the American Arbitration Association. Such hearing officer shall, for the purpose of such hearing, be vested with all the powers of such officer or body and shall make a record of such hearing which shall, with his or her recommendations and decision, be referred to such officer or body for implementation. The hearing officer holding such hearing shall, upon the request of the person against whom charges are preferred, permit him or her to be represented by counsel, or by a representative of a recognized or certified employee organization, and shall allow him or her to summon witnesses on his or her behalf. The burden of proving incompetency or misconduct shall be upon the person alleging the same. Compliance with technical rules of evidence shall not be required. The hearing officer shall be paid a fee which is equivalent to the normal and customary fee paid to him or her for services as an arbitrator under the auspices of the American Arbitration Association. Provided, however, that the provisions of this subdivision shall not supersede or apply to an existing hearing officer policy and procedure that is the result of a collective bargaining agreement between an employer and a recognized or certified employee organization which was in effect on the effective date of this subdivision.
§ 2. Subdivision 3 of section 75 of the civil service law, as amended by chapter 710 of the laws of 1984, is amended to read as follows:
3. Suspension pending determination of charges; penalties; New York city employees. [Pending] For any employee in the service of the city of New York described in paragraph (a), (b), (c), (d), or (e) of subdivision one of this section, pending the hearing and determination of charges of incompetency or misconduct, the officer or employee against whom such charges have been preferred may be suspended without pay for a period not exceeding thirty days. If such officer or employee is found guilty of the charges, the penalty or punishment may consist of a reprimand, a fine not to exceed one hundred dollars to be deducted from the salary or wages of such officer or employee, suspension without pay for a period not exceeding two months, demotion in grade and title, or dismissal from the service; provided, however, that the time during which an officer or employee is suspended without pay may be considered as part of the penalty. If he or she is acquitted, he or she shall be restored to his or her position with full pay for the period of suspension less the amount of any unemployment insurance benefits he or she may have received during such period. If such officer or employee is found guilty, a copy of the charges, his or her written answer thereto, a transcript of the hearing, and the determination shall be filed in the office of the department or agency in which he or she has been employed, and a copy thereof shall be filed with the civil service commission having jurisdiction over such position. A copy of the transcript of the hearing shall, upon request of the officer or employee affected, be furnished to him or her without charge.
§ 3. Subdivision 3-a of section 75 of the civil service law, as added by chapter 753 of the laws of 1990, is amended and a new subdivision 3-b is added to read as follows:
3-a. Suspension pending determination of charges and penalties relating to police officers of the police department of the city of New York. [Pending] Notwithstanding the provisions of subdivision three of this section, pending the hearing and determination of charges of incompeten-
A. 7624--B 4
cy or misconduct, a police officer employed by the police department of the city of New York may be suspended without pay for a period not exceeding thirty days. If such officer is found guilty of the charges, the police commissioner of such department may punish the police officer pursuant to the provisions of sections 14-115 and 14-123 of the administrative code of the city of New York.
3-b. Suspension pending determination of charges; penalties; non-New York city employees. For any employee described in paragraph (a), (b), (c), or (e) of subdivision one of this section not in the service of the city of New York, pending the hearing and determination of charges of incompetency or misconduct, the officer or employee against whom such charges have been preferred may be suspended for a period not exceeding thirty days. The suspension shall be with pay, except the employee may be suspended without pay if the employee has entered a guilty plea to or has been convicted of a felony crime concerning the criminal sale or possession of a controlled substance or a precursor of a controlled substance. If such officer or employee is found guilty of the charges, the penalty or punishment may consist of a reprimand, a fine not to exceed one hundred dollars to be deducted from the salary or wages of such officer or employee, suspension without pay for a period not exceeding two months, demotion in grade and title, or dismissal from the service; provided, however, that the time during which an officer or employee is suspended without pay may be considered as part of the penalty. If he or she is acquitted, he or she shall be restored to his or her position. If such officer or employee is found guilty, a copy of the charges, his or her written answer thereto, a transcript of the hearing, and the determination shall be filed in the office of the department or agency in which he or she has been employed, and a copy thereof shall be filed with the civil service commission having jurisdiction over such position. A copy of the transcript of the hearing shall, upon request of the officer or employee affected, be furnished to him or her without charge.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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