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
________________________________________________________________________
5500--A
Cal. No. 332
2023-2024 Regular Sessions
IN SENATE
March 6, 2023
___________
Introduced by Sens. SKOUFIS, GALLIVAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Investigations
and Government Operations -- recommitted to the Committee on Investi-
gations and Government Operations in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10064-03-4
S. 5500--A 2
1 (e) the final written opinion or memorandum supporting the disposition
2 and discipline imposed including the disciplinary body's complete factu-
3 al findings and its analysis of the conduct and appropriate discipline
4 of such public employee.
5 § 3. This act shall take effect immediately.
