Bill Text: NY S05500 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires an agency responding to a request for public employee disciplinary records to develop a policy to notify the public employee whose personal information is subject to the request.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2024-06-05 - SUBSTITUTED BY A6146B [S05500 Detail]

Download: New_York-2023-S05500-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5500--A
            Cal. No. 332

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 6, 2023
                                       ___________

        Introduced by Sens. SKOUFIS, GALLIVAN -- read twice and ordered printed,
          and  when  printed  to be committed to the Committee on Investigations
          and Government Operations -- recommitted to the Committee on  Investi-
          gations  and  Government  Operations in accordance with Senate Rule 6,
          sec. 8 -- 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

        AN  ACT  to amend the public officers law, in relation to the disclosure
          of public employee disciplinary records

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

     1    Section  1. Section 87 of the public officers law is amended by adding
     2  a new subdivision 4-c to read as follows:
     3    4-c. An agency responding to a request for public  employee  discipli-
     4  nary records shall provide written notice of such request for records to
     5  any  public  employee  whose personal information is the subject of such
     6  request and released pursuant thereto, within five business days of  the
     7  release of such records.
     8    §  2.  Section  86 of the public officers law is amended by adding two
     9  new subdivisions 12 and 13 to read as follows:
    10    12. "Public employee" means any officer or employee of an agency,  the
    11  state legislature, or the judiciary.
    12    13. "Public employee disciplinary records" means any record created in
    13  furtherance of an employment-related disciplinary proceeding regarding a
    14  public employee, including, but not limited to:
    15    (a)  the  complaints,  allegations,  and  charges  against such public
    16  employee;
    17    (b) the name of such public employee complained of or charged;
    18    (c) the transcript of any disciplinary trial or hearing, including any
    19  exhibits introduced at such trial or hearing;
    20    (d) the disposition of any disciplinary proceeding; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10064-03-4
        S. 5500--A                          2

     1    (e) the final written opinion or memorandum supporting the disposition
     2  and discipline imposed including the disciplinary body's complete factu-
     3  al findings and its analysis of the conduct and  appropriate  discipline
     4  of such public employee.
     5    § 3. This act shall take effect immediately.