BILL NUMBER: S4901
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the civil service law, in relation to hearing officers
 
PURPOSE:
To make determinations made by hearing officers in Civil Service Law
Section 72 proceedings binding on the parties
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 1 of section 72 of the Civil Service law;
and
Section 2: Effective Date
 
JUSTIFICATION:
Section 72 of the Civil Service law provides public employers with a
process through which to seek a medical review when an appointing
authority believes an employee is unable to perform the duties of his or
her position due to a physical or mental disability, other than a disa-
bility resulting from occupational injury or disease as defined in the
workers' compensation law.
Under current law, employees have 10 days from service of a notice by
the employer to impose a leave of absence to request a hearing. Where a
hearing has been requested, an independent hearing officer is appointed
after agreement by the appointing authority and the employee. The hear-
ing officer conducts the hearing and makes recommendations on the case.
However, the determination by the hearing officer is not binding and the
appointing authority is responsible for rendering a final determination
within ten working days of the date of receipt of the hearing officer's
report and recommendation.
The determination on an employees' fitness to perform work-related func-
tions due to mental or physical disability can have long-lasting conse-
quences for such employee. It makes no sense for employers and employees
to go through this process, deploy their time and resources to present
evidence, and expend taxpayer monies, only to have the determination of
the independent hearing officer ignored by the employer.
The determination of an independent hearing officer for Section 72
proceedings should be binding on the employee and the employer. Allow-
ing employers to overrule independent hearing officers on these fitness
cases gives the appearance of impropriety and unfairness and increases
the likelihood of time consuming and costly appeals by affected employ-
ees.
 
PRIOR LEGISLATIVE HISTORY:
2024 - S.8960/A9932- Vetoed by the Governor
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become a law.

Statutes affected:
S4901: 72 civil service law, 72(1) civil service law