Increases protection against retaliation for public employees who fail to perform a duty when such action is deemed improper by any group, person, body, organization, legislative representative or social networking platform and provides for an affirmative defense.
STATE OF NEW YORK
________________________________________________________________________
7660
IN SENATE
February 4, 2020
___________
Introduced by Sen. SAVINO -- 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 increasing
protection against retaliation for public employees and provides an
affirmative defense
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 75-b of the civil service law is
2 amended by adding a new paragraph (b) to read as follows:
3 (b) A public employer shall not dismiss or take other disciplinary or
4 other adverse personnel action against a public employee regarding the
5 employee's employment because the employee fails to perform a duty when
6 such action is deemed improper by any group, person, body, organization,
7 legislative representative or social networking platform.
8 § 2. Section 75-b of the civil service law is amended by adding a new
9 subdivision 3-a to read as follows:
10 3-a. It shall be an affirmative defense in any disciplinary or other
11 adverse personnel action against a public employee regarding the employ-
12 ee's employment because the employee failed to perform a duty and/or
13 action as prescribed under federal, state or local law or regulation if
14 the employee reasonably believed that such duty and/or action may invoke
15 community unrest, public scorn or societal backlash by any group,
16 person, body, organization, legislative representative or social
17 networking platform.
18 § 3. This act shall take effect on the thirtieth day after it shall
19 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14211-02-9
