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S05360 Summary:

S05360 Actions:

S05360 Committee Votes:

S05360 Floor Votes:

S05360 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5360
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     March 22, 2017
                                       ___________
 
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
 
        AN ACT to amend the civil service law, in relation to independent  hear-
          ing officers for certain disciplinary hearings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 75 of the civil service law is amended by adding  a
     2  new subdivision 2-a to read as follows:
     3    2-a.  Independent  hearing  officer.  (a)  Notwithstanding  any  other
     4  provision of law to the contrary, any  paid  officer  or  member  of  an
     5  organized  fire  company  or  fire department of a city of less than one
     6  million population, or town, village or fire district who is represented
     7  by a certified or recognized employee organization pursuant  to  article
     8  fourteen  of  this  chapter  shall  not  be  subjected to the penalty of
     9  dismissal from service if  the  hearing,  upon  such  charge,  has  been
    10  conducted  by  someone  other  than an independent hearing officer to be
    11  agreed to by the employer  and  the  person  against  whom  disciplinary
    12  action  is  proposed.  If the parties are unable to agree upon a hearing
    13  officer, he or she shall be selected from a list of seven  names  to  be
    14  provided by the public employment relations board. The public employment
    15  relations  board  shall  maintain a list of independent hearing officers
    16  for this purpose. The parties shall select the hearing officer by alter-
    17  nately striking names from the list of seven. The hearing officer  shall
    18  be vested with all powers of the appointing authority, shall conduct and
    19  make  a  record  of the hearing, and shall render a final decision.  The
    20  cost incurred in obtaining such independent  hearing  officer  shall  be
    21  divided  equally between the parties; provided that as may be determined
    22  upon the circumstances of the case, the hearing officer shall be author-
    23  ized to allocate such cost on the basis of the frivolous nature  of  any
    24  claim  made  or  any  defense  interposed.  In  order to find a claim or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03928-01-7
        S. 5360                             2
 
     1  defense to be frivolous, the hearing officer must find at least  one  of
     2  the following:
     3    (i)  the  claim  or  defense  was  commenced, used or continued in bad
     4  faith, solely to delay or prolong the resolution of  the  action  or  to
     5  harass or maliciously injure another; or
     6    (ii)  the  claim  or  defense  was commenced or continued in bad faith
     7  without any reasonable basis in law or fact. If the claim or defense was
     8  promptly discontinued when the party learned or should have learned that
     9  the claim or defense lacked such reasonable basis, the  hearing  officer
    10  may  find that the party did not act in bad faith.  A person served with
    11  charges may, however, elect in writing to proceed with a hearing  pursu-
    12  ant  to the procedures established in subdivision two of this section in
    13  lieu of the procedures set forth in this subdivision.
    14    (b) The rights set forth in paragraph (a) of this subdivision shall be
    15  in addition to, and shall not supplant, modify  or  replace  any  rights
    16  provided  to  an  employee pursuant to agreements negotiated by a public
    17  employer and an employee organization pursuant to  article  fourteen  of
    18  this chapter.
    19    §  2. This act shall take effect on the first of March next succeeding
    20  the date on which it  shall  have  become  a  law  and  shall  apply  to
    21  proceedings  commenced on or after such effective date; provided, howev-
    22  er, that effective immediately, the addition, amendment and/or repeal of
    23  any  rule  or  regulation  necessary  for  the  implementation  of   the
    24  provisions of this act on its effective date are authorized and directed
    25  to be made and completed on or before such effective date.