BILL NUMBER: S1540
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the civil service law, in relation to hearing procedures
for certain public employees
 
PURPOSE:
This bill provides that the decision of the hearing officer for disci-
plinary action against certain public employees shall be final and not
subject to change or modification.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 2 of Section 75 of the Civil Service Law to
provide that decisions in disciplinary hearings against state employees
designated managerial or confidential will be final and not subject to
change or modification by the employer.
Section 2 is the effective date.
 
JUSTIFICATION:
The purpose of this bill is to ensure an impartial and fair due process
hearing for state employees designated managerial or confidential.
Unlike other state employees, managerial and confidential employees do
not have a collective bargaining agreement, which often contains
protections against overly aggressive disciplinary actions taken by an
employer.
Under the present provisions of Section 75 of the Civil Service Law,
individuals who have attained permanent appointment 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 charge's. The employer may
reject the hearing officer's decision and impose its own sanctions,
including termination, upon the employee. The employing officer or body
therefore becomes both the prosecutor and the judge of the permanent
employee's actions.
This bill is needed to prevent such situations, It is unjust for manage-
rial or confidential employees to be at the mercy of the employer even
if the hearing officer rules in the employee's favor. This bill would
provide a fairer procedure in which the hearing is before an impartial
hearing officer. 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 adjudications.
 
LEGISLATIVE HISTORY:
2023-2024: S.6478 - PASSED SENATE/ A. 3760 - referred to governmental
employees
2021-2022: A.6162 Referred to Governmental Employees
 
STATE AND LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1540: 75 civil service law, 75(2) civil service law