NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5825
SPONSOR: Cruz
 
TITLE OF BILL:
An act to amend the civil service law, in relation to the definition of
a public employee or employee
 
PURPOSE OF BILL:
This bill will amend CVS-75b to include all employees of judges,
justices of the unified court system, and members of the legislature as
"public employees," so that workers may report misconduct without fear
of retaliation.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill will include all employees of judges, justices of the unified
court system, and members of the legislature within the definition of a
"public employee" or "employee."
 
JUSTIFICATION:
Many acts of workplace misconduct, including sexual assault, are carried
out by those who are in a position of power. Employees who are aware of
such acts are often afraid to report such misconduct for fear that they
will lose their jobs or face retaliation. This bill will ensure that
employees who disclose violations of law or improper conduct to a
governmental body will be protected from retaliation or disciplinary
action.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5825
2021-2022 Regular Sessions
IN ASSEMBLY
February 26, 2021
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to the definition of
a public employee or employee
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 75-b of the civil
2 service law, as added by chapter 660 of the laws of 1984, is amended to
3 read as follows:
4 (b) "Public employee" or "employee" shall mean any person holding a
5 position by appointment or employment in the service of a public employ-
6 er [except judges or justices of the unified court system and members of
7 the legislature].
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03766-01-1