Relates to retaliatory action by public employers; includes violation of recognized and established ethical practice to the definition of improper governmental action.
STATE OF NEW YORK
________________________________________________________________________
6537
2011-2012 Regular Sessions
IN ASSEMBLY
March 21, 2011
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to retaliatory
actions by public employers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 75-b of the civil
2 service law, as amended by chapter 899 of the laws of 1986, is amended
3 to read as follows:
4 (a) A public employer shall not dismiss or take other disciplinary or
5 other adverse personnel action against a public employee regarding the
6 employee's employment because the employee discloses to a governmental
7 body information: (i) regarding a violation of a law, rule or regulation
8 which violation creates and presents a substantial and specific danger
9 to the public health or safety; or (ii) which the employee reasonably
10 believes to be true and reasonably believes constitutes an improper
11 governmental action. "Improper governmental action" shall mean any
12 action by a public employer or employee, or an agent of such employer or
13 employee, which is undertaken in the performance of such agent's offi-
14 cial duties, whether or not such action is within the scope of his
15 employment, and which is in violation of any federal, state or local
16 law, rule or regulation or recognized and established ethical practice.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10280-01-1
