Skip to content
S7687Senate2019-2020 SessionSame asA9880

Notify Officials of Harassment Violations

Official title

“Requires notification to the governing body of any violation of the sexual harassment policy of the municipality or alleged violation of the human rights law”

Sponsor Jim GaughranSD-5Affects Local Government
Status
In Senate Committee
Local Government
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

This bill requires immediate notification to governing officials about municipal employee violations of sexual harassment or human rights policies, while protecting victim confidentiality.

Why it matters

  1. Increases transparency and accountability. by mandating that top municipal officials are promptly notified—within one business day—whenever there is a confirmed or disciplinary finding of sexual harassment or human rights violations involving municipal employees.

  2. Ensures privacy protections for victims and claimants. by explicitly requiring that all records and proceedings relating to their complaints remain confidential, and by upholding the confidentiality of information protected under other laws or regulations.

  3. Prevents conflicts of interest. by waiving notification to any official who is themselves accused, thereby avoiding situations where the accused would be alerted to or could interfere in the notification process.

  4. Standardizes procedures across all local governments. (towns, villages, cities, counties), creating uniform expectations for how such incidents must be reported and managed, which could encourage greater trust in municipal handling of workplace misconduct.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

  • Town boards, village trustees, city common councils and county boards of supervisors

    Members would receive notice within one business day of covered employee wrongdoing findings or disciplinary actions, except when they themselves are accused.

  • Municipal personnel and legal departments

    They would need to ensure timely notification of sexual harassment policy violations or alleged Human Rights Law violations resulting in employee wrongdoing findings or discipline.

  • Victims and claimants

    The bill would make municipal proceedings concerning their claims confidential and waive notification to governing-body members accused of wrongdoing.

  • Municipal employees facing findings or discipline

    Covered findings of wrongdoing or disciplinary actions would be reported to governing-body members within one business day.

Headline styles

Notify Officials of Harassment Violations

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jim Gaughran

Senator · Senate District 5

Chair, Local Government

No co-sponsors yet.

History

  1. Referred to local government

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.

A9880Assembly

Notify Officials of Harassment Violations

In Assembly Committee · Local Governments · Sponsor Fred Thiele

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7687

IN SENATE

February 6, 2020

Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government

AN ACT to amend the town law, the village law, the general city law, and the county law, in relation to requiring immediate notification of any violation of the sexual harassment policy of the municipality or alleged violation of the human rights law

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The town law is amended by adding a new section 65-b to read as follows:

§ 65-b. Notification to town board; violation of the sexual harassment policy or alleged violation of the human rights law. 1. Notification of any violation of the sexual harassment policy adopted in accordance with section two hundred one-g of the labor law or any alleged violation of the human rights law, which resulted in a finding of wrongdoing by any town employee or any alleged violation which resulted in any disciplinary action against any town employee shall be given to each town board member within one business day.

2. Records maintained by the town and proceedings by the town based thereon regarding a claim submitted by a victim or a claimant shall be deemed confidential.

3. Any report or record obtained by the town, the confidentiality of which is protected by any other law or regulation, shall remain confidential subject to such law or regulation.

4. In the event that the violation involves accusations of wrongdoing by an individual who would otherwise receive the notification as required by this section, then the notification to such individual shall be waived.

§ 2. The village law is amended by adding a new section 3-314 to read as follows:

§ 3-314 Notification to trustees; violation of the sexual harassment policy or alleged violation of the human rights law. 1. Notification of any violation of the sexual harassment policy adopted in accordance with section two hundred one-g of the labor law or any alleged violation of

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD15240-02-0

S. 7687 2

the human rights law, which resulted in a finding of wrongdoing by any village employee or any alleged violation which resulted in any disciplinary action against any village employee shall be given to each trustee within one business day.

2. Records maintained by the village and proceedings by the village based thereon regarding a claim submitted by a victim or a claimant shall be deemed confidential.

3. Any report or record obtained by the village, the confidentiality of which is protected by any other law or regulation, shall remain confidential subject to such law or regulation.

4. In the event that the violation involves accusations of wrongdoing by an individual who would otherwise receive the notification as required by this section, then the notification to such individual shall be waived.

§ 3. The general city law is amended by adding a new section 3-e to read as follows:

§ 3-e. Notification to members of the common council; violation of the sexual harassment policy or alleged violation of the human rights law. 1. Notification of any violation of the sexual harassment policy adopted in accordance with section two hundred one-g of the labor law or any alleged violation of the human rights law, which resulted in a finding of wrongdoing by any city employee or any alleged violation which resulted in any disciplinary action against any city employee shall be given to each member of the common council within one business day.

2. Records maintained by the city and proceedings by the city based thereon regarding a claim submitted by a victim or a claimant shall be deemed confidential.

3. Any report or record obtained by the city, the confidentiality of which is protected by any other law or regulation, shall remain confidential subject to such law or regulation.

4. In the event that the violation involves accusations of wrongdoing by an individual who would otherwise receive the notification as required by this section, then the notification to such individual shall be waived.

§ 4. The county law is amended by adding a new section 209-a to read as follows:

§ 209-a. Notification to the board of supervisors; violation of the sexual harassment policy or alleged violation of the human rights law. 1. Notification of any violation of the sexual harassment policy adopted in accordance with section two hundred one-g of the labor law or any alleged violation of the human rights law, which resulted in a finding of wrongdoing by any county employee or any alleged violation which resulted in any disciplinary action against any county employee shall be given to each member of the board of supervisors within one business day.

2. Records maintained by the town and proceedings by the county based thereon regarding a claim submitted by a victim or a claimant shall be deemed confidential.

3. Any report or record obtained by the county, the confidentiality of which is protected by any other law or regulation, shall remain confidential subject to such law or regulation.

4. In the event that the violation involves accusations of wrongdoing by an individual who would otherwise receive the notification as required by this section, then the notification to such individual shall be waived.

§ 5. 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 town law, the village law, the general city law, and the county law, in relation to requiring immediate notification of any violation of the sexual harassment policy of the municipality or alleged violation of the human rights law

Purpose

The purpose of this bill is to provide notification to members of a municipal governing body upon the finding of wrongdoing or disciplinary action taken against an employee who violated the sexual harassment policy of the municipality or an alleged violation of the human rights law.

Summary of provisions

Section 1. Amends town law by adding a new section 65-b to require notification to town board members upon the violation of the sexual harassment policy or an alleged violation of the human rights law by a town employee; maintains confidentiality; and waives notification to an individual if the violation involves accusations of wrongdoing by an individual who would otherwise receive the notification as established by this section.

Section 2. Amends village law by adding a new 3-314 to require notifica- tion to village trustees upon the violation of the sexual harassment policy or an alleged violation of the human rights law by a village employee; maintains confidentiality; and waives notification to an indi- vidual if the violation involves accusations of wrongdoing by an indi- vidual who would otherwise receive the notification as established by this section.

Section 3. Amends general city law by adding a new section 3-e to require notification to members of the common council upon the violation of the sexual harassment policy or an alleged violation of the human rights law by a city employee; maintains confidentiality; and waives notification to an individual if the violation involves accusations of wrongdoing by an individual who would otherwise receive the notification as established by this section.

Section 4. Amends county law by adding a new section 209-a to require notification to members of the board of supervisors upon the violation of the sexual harassment policy or an alleged violation of the human rights law by a county employee; maintains confidentiality; and waives notification to an individual if the violation involves accusations of wrongdoing by an individual who would otherwise receive the notification as established by this section.

Section 5. Establishes the effective date.

Justification

Public officials elected to serve on a town or village board, city coun- cil or county legislature are responsible for ensuring the integrity and fiscal health of the municipality, including any potential liabilities. They are accountable to the taxpayers and therefore should be notified if and when any violations of the municipalities sexual harassment poli- cy or alleged violations of the human rights law occurs.

This legislation ensures that upon a finding of wrongdoing or discipli- nary action that notification is provided to all members of a governing municipal board in a consistent and timely manner.

Legislative history

New Bill.

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.