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A07624 Summary:

BILL NOA07624B
 
SAME ASSAME AS S05205-B
 
SPONSORAbbate
 
COSPNSRSimon, Santabarbara, DeStefano, Darling, Reyes, Cruz, Ashby, Lentol, Mosley
 
MLTSPNSR
 
Amd §75, Civ Serv L
 
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 use of a member of the American Arbitration Association as the hearing officer and the fees to be paid therefor; provides for suspension, with pay, pending the determination except where the employee has entered a guilty plea to a felony crime involving criminal sale or possession of a controlled substance.
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A07624 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7624B
 
SPONSOR: Abbate
  TITLE OF BILL: An act to amend the civil service law, in relation to hearing procedures for certain public employees   PURPOSE OR GENERAL IDEA OF BILL: Provides for procedures to be followed in appointing a hearing officer for removal and disciplinary action against certain public employees,   SUMMARY OF PROVISIONS: This bill amends Subdivision 2 of Section 75 of the Civil Service Law to provide that disciplinary hearings against individual employees under the Civil Service Law to provide that disciplinary.hearing against indi- vidual employees under the civil service law shall he held by a hearing officer who is a member of the American Arbitration Association, selected by the mutual agreement of the parties involved. The decision of the hearing officer will be required to be implemented by the employ- er. In addition, this legislation provides that such employees may be suspended with pay during such disciplinary action.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Amended to provide that the provisions of the bill shall not supersede or apply to a hearing officer policy which was established as a result of a collective bargaining agreement.   JUSTIFICATION: The purpose of this bill is to ensure an impartial and fair due process hearing for permanent employees retained under the Civil Service Law and who are the subject of disciplinary charges. In addition, this bill seeks to protect civil service employees from being suspended without pay during such process.Under the present provisions of Section 75 of the Civil Service Law, individuals who have attained permanent appoint- ment as employees under the jurisdiction of the Civil Service Law may be removed from their positions or have other disciplinary actions taken (i.e., suspension without pay, demotion from grade and title) after a hearing held before the officer or body who has brought the charges. The employing officer or body therefore becomes both the prosecutor and the judge of the permanent employees actions.This bill would provide a more fair procedure in which the hearing is before an impartial arbitrator selected upon mutual agreement of the parties, if no agreement can be reached, then selected under the rules of the American Arbitration Asso- ciation. The hearing officer would hear the case and determine the appropriate penalty, if any. Such a system would give both the employer and the employee a fair opportunity to present their respective sides of the case and allow for impartial adju- dication. In addition, by protecting civil service employees from being suspended without pay during such procedures, this bill conforms disciplinary hearing proce- dures brought against tenured teachers pursuant to Section 3020-a of the Education Law, thus ensuring the same due process for civil service employees.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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