Bill Text: NY S05255 | 2025-2026 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-20 - REFERRED TO CIVIL SERVICE AND PENSIONS [S05255 Detail]
Download: New_York-2025-S05255-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5255 2025-2026 Regular Sessions IN SENATE February 20, 2025 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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 managerial14or confidential under article fourteen of this chapter, shall, at the15time of questioning, where it appears that such employee is a potential16subject of disciplinary action, have a right to representation and shall17be 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. LBD10013-01-5S. 5255 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 decision. The person or persons holding such hearing shall, 17 upon the request of the person against whom charges are preferred, 18 permit [him] such person against whom charges are preferred to be 19 represented by counsel, or by a representative of a recognized or certi- 20 fied employee organization, and shall allow [him] them to summon 21 witnesses in [his] their behalf. The burden of proving incompetency or 22 misconduct shall be upon the person alleging the same. Compliance with 23 technical rules of evidence shall not be required. 24 (a) Notwithstanding any other provision of law to the contrary, 25 including but not limited to subdivision four of section seventy-six of 26 this title, any paid officer or member of an organized fire company or 27 fire department of a city of less than one million population, or town, 28 village or fire district who is represented by a certified or recognized 29 employee organization pursuant to article fourteen of this chapter shall 30 not be subjected to the penalty of dismissal from service or any other 31 discipline if the hearing, upon such charge, has been conducted by some- 32 one other than an independent hearing officer to be agreed to by the 33 employer and the person against whom disciplinary action is proposed. If 34 the parties are unable to agree upon a hearing officer, the hearing 35 officer shall be selected from a list of seven names to be provided by 36 the public employment relations board. The public employment relations 37 board shall maintain a list of independent hearing officers for this 38 purpose and for the purpose described in subdivision two-b of this 39 section. The parties shall select the hearing officer by alternately 40 striking names from the list of seven. The hearing officer shall be 41 vested with all powers of the appointing authority, shall conduct and 42 make a record of the hearing, and shall render a final decision. The 43 cost incurred in obtaining such independent hearing officer shall be 44 divided equally between the parties; provided that as may be determined 45 upon the circumstances of the case, the hearing officer shall be author- 46 ized to allocate such cost on the basis of the frivolous nature of any 47 claim made or any defense interposed. In order to find a claim or 48 defense to be frivolous, the hearing officer must find at least one of 49 the following: 50 (i) the claim or defense was commenced, used or continued in bad 51 faith, solely to delay or prolong the resolution of the action or to 52 harass or maliciously injure another; or 53 (ii) the claim or defense was commenced or continued in bad faith 54 without any reasonable basis in law or fact. If the claim or defense was 55 promptly discontinued when the party learned or should have learned that 56 the claim or defense lacked such reasonable basis, the hearing officerS. 5255 3 1 may find that the party did not act in bad faith. A person served with 2 charges may then, however, elect in writing to proceed with a hearing 3 pursuant to the procedures established in subdivision two of this 4 section in lieu of the procedures set forth in this subdivision. 5 2-b. Procedure; non-New York city employees. For any employee 6 described in paragraph (a), (b), (c), or (e) of subdivision one of this 7 section not in the service of the city of New York, the following proce- 8 dure shall apply: An employee under this subdivision who at the time of 9 questioning appears to be a potential subject of disciplinary action 10 shall have a right to representation by their certified or recognized 11 employee organization under article fourteen of this chapter and shall 12 be notified in advance, in writing, of such right. A state employee who 13 is designated managerial or confidential under article fourteen of this 14 chapter, shall, at the time of questioning, where it appears that such 15 employee is a potential subject of disciplinary action, have a right to 16 representation and shall be notified in advance, in writing, of such 17 right. If representation is requested a reasonable period of time shall 18 be afforded to obtain such representation. If the employee is unable to 19 obtain representation within a reasonable period of time the employer 20 has the right to then question the employee. A hearing officer under 21 this section shall have the power to find that a reasonable period of 22 time was or was not afforded. In the event the hearing officer finds 23 that a reasonable period of time was not afforded then any and all 24 statements obtained from said questioning as well as any evidence or 25 information obtained as a result of said questioning shall be excluded, 26 provided, however, that this subdivision shall not modify or replace any 27 written collective agreement between a public employer and employee 28 organization negotiated pursuant to article fourteen of this chapter. A 29 person against whom removal or other disciplinary action is proposed 30 shall have written notice thereof and of the reasons thereof, shall be 31 furnished a copy of the charges preferred against such person and shall 32 be allowed at least eight days for answering the same in writing. The 33 hearing upon such charges shall be held by a hearing officer who shall 34 be selected by the mutual agreement of the person against whom discipli- 35 nary action is proposed and of the employing officer or body. If such 36 mutual agreement cannot be reached, then the hearing officer shall be 37 selected from a list of seven names to be provided by the public employ- 38 ment relations board pursuant to subdivision two-a of this section. The 39 parties shall select the hearing officer by alternately striking names 40 from the list of seven. Such hearing officer shall, for the purpose of 41 such hearing, be vested with all the powers of such officer or body and 42 shall make a record of such hearing which shall, with their recommenda- 43 tions and decision, be referred to such officer or body for implementa- 44 tion. The hearing officer holding such hearing shall, upon the request 45 of the person against whom charges are preferred, permit such person 46 against whom charges are preferred to be represented by counsel, or by a 47 representative of a recognized or certified employee organization, and 48 shall allow them to summon witnesses on their behalf. The burden of 49 proving incompetency or misconduct shall be upon the person alleging the 50 same. Compliance with technical rules of evidence shall not be required. 51 The cost incurred in obtaining the independent hearing officer shall be 52 divided equally between the parties; provided that as may be determined 53 upon the circumstances of the case, the hearing officer shall be author- 54 ized to allocate such cost on the basis of the frivolous nature of any 55 claim made or any defense interposed in the manner provided for in para- 56 graph (a) of subdivision two-a of this section. Provided, however, thatS. 5255 4 1 the provisions of this subdivision shall not supersede or apply to an 2 existing hearing officer policy and procedure that is the result of a 3 collective bargaining agreement between an employer and a recognized or 4 certified employee organization or any hearing officer policy and proce- 5 dure currently existing for state employees designated managerial or 6 confidential which was in effect on the effective date of this subdivi- 7 sion. 8 § 2. Subdivision 3 of section 75 of the civil service law, as amended 9 by chapter 710 of the laws of 1984, is amended to read as follows: 10 3. Suspension pending determination of charges; penalties; New York 11 city employees. [Pending] For any employee in the service of the city of 12 New York described in paragraph (a), (b), (c), (d), or (e) of subdi- 13 vision one of this section, pending the hearing and determination of 14 charges of incompetency or misconduct, the officer or employee against 15 whom such charges have been preferred may be suspended without pay for a 16 period not exceeding thirty days. If such officer or employee is found 17 guilty of the charges, the penalty or punishment may consist of a repri- 18 mand, a fine not to exceed one hundred dollars to be deducted from the 19 salary or wages of such officer or employee, suspension without pay for 20 a period not exceeding two months, demotion in grade and title, or 21 dismissal from the service; provided, however, that the time during 22 which an officer or employee is suspended without pay may be considered 23 as part of the penalty. If [he] such officer or employee is acquitted, 24 [he] they shall be restored to [his] their position with full pay for 25 the period of suspension less the amount of any unemployment insurance 26 benefits [he] such officer or employee may have received during such 27 period. If such officer or employee is found guilty, a copy of the 28 charges, [his] their written answer thereto, a transcript of the hear- 29 ing, and the determination shall be filed in the office of the depart- 30 ment or agency in which [he] such officer or employee has been employed, 31 and a copy thereof shall be filed with the civil service commission 32 having jurisdiction over such position. A copy of the transcript of the 33 hearing shall, upon request of the officer or employee affected, be 34 furnished to [him] such officer or employee without charge. 35 § 3. Subdivision 3-a of section 75 of the civil service law, as added 36 by chapter 753 of the laws of 1990, is amended and a new subdivision 3-b 37 is added to read as follows: 38 3-a. Suspension pending determination of charges and penalties relat- 39 ing to police officers of the police department of the city of New York. 40 [Pending] Notwithstanding the provisions of subdivision three of this 41 section, pending the hearing and determination of charges of incompeten- 42 cy or misconduct, a police officer employed by the police department of 43 the city of New York may be suspended without pay for a period not 44 exceeding thirty days. If such officer is found guilty of the charges, 45 the police commissioner of such department may punish the police officer 46 pursuant to the provisions of sections 14-115 and 14-123 of the adminis- 47 trative code of the city of New York. 48 3-b. Suspension pending determination of charges; penalties; non-New 49 York city employees. For any employee described in paragraph (a), (b), 50 (c), or (e) of subdivision one of this section not in the service of 51 the city of New York, pending the hearing and determination of charges 52 of incompetency or misconduct, the officer or employee against whom such 53 charges have been preferred may be suspended for a period not exceeding 54 thirty days. The suspension shall be with pay. If such officer or 55 employee is found guilty of the charges, the penalty or punishment may 56 consist of a reprimand, a fine not to exceed one hundred dollars to beS. 5255 5 1 deducted from the salary or wages of such officer or employee, suspen- 2 sion without pay for a period not exceeding two months, demotion in 3 grade and title, or dismissal from the service. If such officer or 4 employee is acquitted, they shall be restored to their position. If such 5 officer or employee is found guilty, a copy of the charges, their writ- 6 ten answer thereto, a transcript of the hearing, and the determination 7 shall be filed in the office of the department or agency in which such 8 officer or employee has been employed, and a copy thereof shall be filed 9 with the civil service commission having jurisdiction over such posi- 10 tion. A copy of the transcript of the hearing shall, upon request of the 11 officer or employee affected, be furnished to such officer or employee 12 without charge. 13 § 4. This act shall take effect immediately.
