New York A 3332: Relates to hearing procedures for certain public employees

Bill Text

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A03332 Summary:

BILL NOA03332 

&nbsp

SAME ASSAME AS S01540

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §75, Civ Serv L

&nbsp

Relates to hearing procedures for certain public employees; provides that the recommendation of a hearing officer in relation to designated managerial and confidential employees shall be considered final and not subject to change or modification.

Go to top A03332 Actions:

BILL NOA03332 

&nbsp

01/27/2025referred to governmental employees

01/07/2026referred to governmental employees

Go to topA03332 Committee&nbspVotes:

Go to topA03332 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03332 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3332

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
 Committee on Governmental Employees

 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 Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 75 of the civil service law, as
 2 amended by chapter 226 of the laws of 1994, is amended to read as
 3 follows:
 4 2. Procedure. An employee who at the time of questioning appears to be
 5 a potential subject of disciplinary action shall have a right to repre-
 6 sentation by [his or her] such employee's certified or recognized
 7 employee organization under article fourteen of this chapter and shall
 8 be notified in advance, in writing, of such right. A state employee who
 9 is designated managerial or confidential under article fourteen of this
 10 chapter, shall, at the time of questioning, where it appears that such
 11 employee is a potential subject of disciplinary action, have a right to
 12 representation and shall be notified in advance, in writing, of such
 13 right. If representation is requested a reasonable period of time shall
 14 be afforded to obtain such representation. If the employee is unable to
 15 obtain representation within a reasonable period of time the employer
 16 has the right to then question the employee. A hearing officer under
 17 this section shall have the power to find that a reasonable period of
 18 time was or was not afforded. In the event the hearing officer finds
 19 that a reasonable period of time was not afforded then any and all
 20 statements obtained from said questioning as well as any evidence or
 21 information obtained as a result of said questioning shall be excluded,
 22 provided, however, that this subdivision shall not modify or replace any
 23 written collective agreement between a public employer and employee
 24 organization negotiated pursuant to article fourteen of this chapter. A
 25 person against whom removal or other disciplinary action is proposed

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04596-01-5

 A. 3332 2

 1 shall have written notice thereof and of the reasons therefor, shall be
 2 furnished a copy of the charges preferred against [him] such person and
 3 shall be allowed at least eight days for answering the same in writing.
 4 The hearing upon such charges shall be held by the officer or body
 5 having the power to remove the person against whom such charges are
 6 preferred, or by a deputy or other person designated by such officer or
 7 body in writing for that purpose. In case a deputy or other person is so
 8 designated, [he] they shall, for the purpose of such hearing, be vested
 9 with all the powers of such officer or body and shall make a record of
 10 such hearing which shall, with [his] their recommendations, be referred
 11 to such officer or body for review and decision. Notwithstanding any
 12 other provisions of law to the contrary, the recommendation of the hear-
 13 ing officer in relation to any state employee who is designated manage-
 14 rial or confidential under article fourteen of this chapter shall be
 15 considered final and not subject to change or modification. The person
 16 or persons holding such hearing shall, upon the request of the person
 17 against whom charges are prefe