New York A 7191: Relates to procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees

Bill Text

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A07191 Summary:

BILL NOA07191 

&nbsp

SAME ASSAME AS S05255

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSRKay

&nbsp

MLTSPNSR

&nbsp

Amd §75, Civ Serv L

&nbsp

Provides procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees not in the service of the city of New York, including the fees to be paid for such hearing officer; provides for suspension, with pay, pending the determination.

Go to top A07191 Actions:

BILL NOA07191 

&nbsp

03/21/2025referred to governmental employees

01/07/2026referred to governmental employees

Go to topA07191 Committee&nbspVotes:

Go to topA07191 Floor&nbspVotes:

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

Go to topA07191 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7191

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 21, 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 and paragraph (a) of subdivision 2-a of
 2 section 75 of the civil service law, subdivision 2 as amended by chapter
 3 226 of the laws of 1994 and paragraph (a) of subdivision 2-a as added by
 4 chapter 674 of the laws of 2022, are amended and a new subdivision 2-b
 5 is added to read as follows:
 6 2. Procedure; New York city employees. [An] For any employee in the
 7 service of the city of New York described in paragraph (a), (b), (c),
 8 (d), or (e) of subdivision one of this section, if such employee [who]
 9 at the time of questioning appears to be a potential subject of disci-
 10 plinary action, such employee shall have a right to representation by
 11 [his or her] their certified or recognized employee organization under
 12 article fourteen of this chapter and shall be notified in advance, in
 13 writing, of such right. [A state employee who is designated managerial
 14 or confidential under article fourteen of this chapter, shall, at the
 15 time of questioning, where it appears that such employee is a potential
 16 subject of disciplinary action, have a right to representation and shall
 17 be notified in advance, in writing, of such right.] If representation is
 18 requested a reasonable period of time shall be afforded to obtain such
 19 representation. If the employee is unable to obtain representation with-
 20 in a reasonable period of time the employer has the right to then ques-
 21 tion the employee. A hearing officer under this section shall have the
 22 power to find that a reasonable period of time was or was not afforded.
 23 In the event the hearing officer finds that a reasonable period of time
 24 was not afforded then any and all statements obtained from said ques-
 25 tioning as well as any evidence or information obtained as a result of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10013-01-5

 A. 7191 2

 1 said questioning shall be excluded, provided, however, that this subdi-
 2 vision shall not modify or replace any written collective agreement
 3 between a public employer and employee organization negotiated pursuant
 4 to article fourteen of this chapter. A person against whom removal or
 5 other disciplinary action is proposed shall have written notice thereof
 6 and of the reasons therefor, shall be furnished a copy of the charges
 7 preferred against [him] such person and shall be allowed at least eight
 8 days for answering the same in writing. The hearing upon such charges
 9 shall be held by the officer or body having the power to remove the
 10 person against whom such charges are preferred, or by a deputy or other
 11 person designated by such officer or body in writing for that purpose.
 12 In case a deputy or other person is so designated, [he] they shall, for
 13 the purpose of such hearing, be vested with all the powers of such offi-
 14 cer or body and shall make a record of such hearing which shall, with
 15 [his] their recommendations, be referred to such officer or body for
 16 review and dec