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A05912 Summary:

BILL NOA05912
 
SAME ASNo Same As
 
SPONSORBores
 
COSPNSR
 
MLTSPNSR
 
Add §159-e, Civ Serv L
 
Requires each agency to conduct exit surveys for employees resigning from state civil service; directs the state civil service commission to create an annual report on such surveys; exempts individual responses to exit surveys from the freedom of information law.
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A05912 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5912
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2025
                                       ___________
 
        Introduced  by M. of A. BORES -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to amend the civil service law, in  relation  to  requiring  exit
          surveys for resigning employees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited  as  the  "improve
     2  civil service working conditions act".
     3    § 2. The civil service law is amended by adding a new section 159-e to
     4  read as follows:
     5    § 159-e. Exit surveys and interviews. 1. For purposes of this section,
     6  the following terms shall have the following meanings:
     7    a.  "Resigning  employee" means an employee who has provided notice of
     8  resignation from employment in the state  civil  service  but  does  not
     9  include a retiring employee.
    10    b.  "Retiring  employee"  means an employee who has provided notice of
    11  retirement from employment in the state service.
    12    c. "State agency" shall have the same meaning as defined in  paragraph
    13  a of subdivision one of section two hundred one of the executive law.
    14    2. No later than January first, two thousand twenty-seven, each agency
    15  shall  provide  to the department copies of any exit surveys or policies
    16  that such state agency administers in relation to resigning or  retiring
    17  employees.
    18    3.  Upon  consideration  of any exit surveys or policies received from
    19  agencies pursuant to subdivision two  of  this  section,  the  president
    20  shall  create  a  comprehensive  exit  survey and interview protocol for
    21  resigning employees and retiring employees. Such  survey  and  interview
    22  protocol  shall include, but not be limited to: a. questions designed to
    23  elicit details regarding the quality of the employee's experience during
    24  their employment in state service and the employee's reasons for resign-
    25  ing or retiring from employment in the state service; b. basic protocols
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02150-02-5

        A. 5912                             2
 
     1  for managers that shall include, but not be limited to:  (i)  procedures
     2  to administer such interviews; and (ii) procedures by which resigning or
     3  retiring  employees  will  be informed of the purpose of such interview;
     4  and  c.  a  method  by  which  resigning  or retiring employees shall be
     5  informed that their responses to exit surveys are  not  subject  to  the
     6  freedom  of  information  law  as set forth in article six of the public
     7  officer's law.
     8    4. a. State agencies  shall  offer  electronic  exit  surveys  created
     9  pursuant to subdivision three of this section to all resigning employees
    10  and retiring employees, to be completed on a voluntary basis.
    11    b.  State  agencies  shall  make best efforts to offer to conduct exit
    12  interviews pursuant to the protocol required  by  subdivision  three  of
    13  this  section  to  as many resigning employees and retiring employees as
    14  practicable throughout the reporting  period;  provided,  however,  that
    15  each  state agency shall offer an exit interview to no fewer than thirty
    16  percent of resigning or retiring employees.
    17    c. Exit surveys and interviews shall be offered to resigning employees
    18  or retiring employees as early as practicable following notice of resig-
    19  nation or retirement and, if such employee elects to participate in such
    20  survey or interview, shall be conducted on  or  before  such  employee's
    21  last day of employment.
    22    5.  No  later  than  March thirtieth, two thousand twenty-eight and by
    23  March thirtieth annually thereafter, the department shall submit to  the
    24  governor,  the  speaker  of the assembly, and the temporary president of
    25  the senate:
    26    a. a copy of the comprehensive  exit  survey  and  interview  protocol
    27  required by subdivision three of this section; and
    28    b.  a  report  regarding  responses  from  exit surveys and interviews
    29  administered during the reporting period pursuant to this section.  Such
    30  report shall include, but need not be limited to:
    31    (i)  The  following  information  on  resigning employees and retiring
    32  employees for the prior calendar year, disaggregated  by  state  agency,
    33  civil  service  title,  business title, title classification, managerial
    34  status, as applicable, and status  as  resigning  employee  or  retiring
    35  employee:
    36    (1) The number of such employees;
    37    (2)  The number of such employees who were offered to complete an exit
    38  survey;
    39    (3) The number of such employees who were offered an exit interview;
    40    (4) The number of such employees who completed an exit survey; and
    41    (5) The number of such employees who completed an exit interview.
    42    (ii) A summary and analysis of information obtained from exit  surveys
    43  and  interviews administered to resigning employees and retiring employ-
    44  ees in the prior calendar year. Such summary  and  analysis  shall  make
    45  best  efforts to address the reasons for resignation or retirement given
    46  by surveyed and interviewed employees, which may include,  but  are  not
    47  limited  to: career change; decision to pursue further education; remote
    48  work policies; leave policies; caregiving  responsibilities;  wages  and
    49  other  compensation; conflict with colleagues; conflict with management;
    50  perceived unsafe working conditions; concerns about possible  harassment
    51  or discrimination; workload; loss of city residency; and commute time.
    52    §  3.  Individual  responses  to  exit  surveys  collected pursuant to
    53  section 159-e of the civil service law shall be exempt from the  Freedom
    54  of Information Law as set forth in article 6 of the public officers law.
    55    § 4. This act shall take effect immediately.
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