Requires an agency, the state legislature, or the judiciary responding to a request for public employee disciplinary records to notify the public employee whose personal information is subject to the request.
STATE OF NEW YORK
________________________________________________________________________
6146--A
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. BUTTENSCHON, SILLITTI, SLATER, BERGER -- read
once and referred to the Committee on Governmental Operations --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public officers law, in relation to the disclosure
of public employee disciplinary records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 87 of the public officers law is amended by adding
2 a new subdivision 4-c to read as follows:
3 4-c. An agency responding to a request for public employee discipli-
4 nary records shall provide written notice of such request for records to
5 any public employee whose personal information is the subject of such
6 request and released pursuant thereto, within five business days of the
7 release of such records.
8 § 2. Section 86 of the public officers law is amended by adding two
9 new subdivisions 12 and 13 to read as follows:
10 12. "Public employee" means any officer or employee of an agency, the
11 state legislature, or the judiciary.
12 13. "Public employee disciplinary records" means any record created in
13 furtherance of an employment-related disciplinary proceeding regarding a
14 public employee, including, but not limited to:
15 (a) the complaints, allegations, and charges against such public
16 employee;
17 (b) the name of such public employee complained of or charged;
18 (c) the transcript of any disciplinary trial or hearing, including any
19 exhibits introduced at such trial or hearing;
20 (d) the disposition of any disciplinary proceeding; and
21 (e) the final written opinion or memorandum supporting the disposition
22 and discipline imposed including the disciplinary body's complete factu-
23 al findings and its analysis of the conduct and appropriate discipline
24 of such public employee.
25 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10064-02-4