What's happening
This bill establishes separate disciplinary hearing procedures and suspension rules for New York City and non-New York City public employees.
Why it matters
Creates different disciplinary hearing procedures for NYC and non-NYC public employees, potentially leading to variations in how fairness, representation, and due process are handled depending on location.
For non-NYC public employees, mandates that disciplinary hearings be overseen by an American Arbitration Association arbitrator, selected mutually or by AAA rules, which may introduce greater neutrality or consistency compared to internal hearings.
Requires paid suspension (with limited exceptions) for non-NYC public employees pending disciplinary outcomes, reducing the financial impact of suspensions on employees who have not yet been found guilty—unlike NYC employees, who may be suspended without pay.
Specifically preserves the rights established in existing collective bargaining agreements, ensuring that union-negotiated procedures or protections cannot be overridden by this law, which may matter for unionized workforces.
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Who cares
Headline styles
Reform Public Employee Hearings
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Print number 5205b
- Amend and recommit to civil service and pensions
- Referred to civil service and pensions
- Returned to senate
- Died in assembly
- Ordered to third reading rules cal.673
- Substituted for A7624A
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 46–16
- Amended on third reading 5205a
- Advanced to third reading
Show 3 earlier actions
- 2nd report cal.
- 1st report cal.924
- Referred to civil service and pensions
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.
Standardize Disciplinary Hearing Process
In Assembly Committee · Governmental Employees · Sponsor Peter Abbate
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5205--B
2019-2020 Regular Sessions
IN SENATE
April 16, 2019
Introduced by Sens. GOUNARDES, GAUGHRAN, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- 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 ques-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11197-04-0
S. 5205--B 2
tion 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 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
S. 5205--B 3
be a member of the American Arbitration Association, and such hearing 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
S. 5205--B 4
section, pending the hearing and determination of charges of incompetency 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.
Sponsor's memo
Title of bill
An act to amend the civil service law, in relation to hearing procedures for certain public employees
Purpose or general idea of bill
Provides for procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees
Summary of provisions
This bill amends Section 75 of the Civil Service Law to provide that disciplinary hearings against individual employees not in the service of the City of New York shall he held by a hearing officer who is a member of the American Arbitration Association, selected by the mutual agree- ment of the parties involved. The decision of the hearing officer will be required to be implemented by the employer. In addition, this legis- lation provides that such employees may be suspended with pay during such disciplinary action.
The bill maintains current disciplinary hearing procedures for individ- ual employees in the service of the City of New York.
Justification
The purpose of this bill is to ensure an impartial and fair due process hearing for permanent non-New York City government employees who are the subject of disciplinary charges as outlined in Section 75 of the Civil Service Law. The bill maintains existing disciplinary process for New York City employees, however, due to the decades-long success that the Trials Division of the New York City Office of Administrative Trials and Hearings (OATH) has had in adjudicating these cases within its jurisdic- tion and the corpus of case law it has established by its rulings.
Under the present provisions of Section 75 of the Civil Service Law, individuals who have attained permanent appointment as employees under the jurisdiction of the Civil Service Law may be removed from their positions or have other disciplinary actions taken (i.e., suspension without pay, demotion from grade and title) after a hearing held before the officer or body who has brought the charges. The employing officer or body therefore becomes both the prosecutor and the judge of the permanent employees actions.
This bill would provide a more fair procedure in which the hearing is before an impartial arbitrator selected upon mutual agreement of the parties, if no agreement can be reached, then selected under the rules of the American Arbitration Association. The hearing officer would hear the case and determine the appropriate penalty, if any. Such a system would give both the employer and the employee a fair opportunity to present their respective sides of the case and allow for impartial adju- dication. In addition, by protecting civil service employees from being suspended without pay during such procedures, this bill conforms disci- plinary hearing procedures brought against tenured teachers pursuant to Section 3020-a of the Education Law, thus ensuring the same due process for civil service employees.
Prior legislative history
2019: S5205A Gounardes / A7624A Abbate: passed Senate, died in Assembly
2011: No same as/A5743 Abbate: referred to Codes
2010: No same as/A9983 Abbate: referred to Codes
2005: S1171 Trunzo/A4369 Abbate: referred to Civil Service and Pensions
2004: S5371 Trunzo/A6957 Abbate: referred to Civil Service and Pensions
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.