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A06146 Summary:

BILL NOA06146B
 
SAME ASSAME AS S05500-B
 
SPONSORButtenschon
 
COSPNSRSillitti, Slater, Berger, Gunther, Dickens, Flood, Angelino, DeStefano, Sayegh, Fall, Santabarbara, Zinerman, Fahy, Eachus, Williams, Darling, Cruz, Conrad, Beephan, Woerner
 
MLTSPNSR
 
Amd §87, Pub Off L
 
Requires an agency responding to a request for public employee disciplinary records to develop a policy to notify the public employee whose personal information is subject to the request.
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A06146 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6146B
 
SPONSOR: Buttenschon
  TITLE OF BILL: An act to amend the public officers law, in relation to the disclosure of public employee disciplinary records   PURPOSE: To provide all public employees with notice whenever their personal information has been released to the public pursuant to a FOIL request.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 87 of the Public Officers Law by adding a new subdivision 6 to effectuate the purposes of the legis- lation. Section 2 of the bill provides for an immediate effective date.   EXISTING LAW: Under current law, the notice contemplated by this proposed legislation is not required.   JUSTIFICATION: Under current law, a public employee who has a FOIL request placed on them; will have no notification of this request. In a time when vacan- cies continue to rise for our public sector, this discrepancy doesn't aid the recruitment and retention of individuals for this field. We have failed to ensure that these dedicated civil servants whose personal information is subject to a FOIL request be provided any form of notice of such disclosure. This legislation simply recognizes that these impacted public employees should have minimum notice when their personal information has been released to the public. This proposed legislation would have no effect on the release of infor- mation that is now permissible following the changes to the Civil Rights Law and the Public Officers Law in 2020. Rather, it would simply ensure that if a public employee's personal information has been released to the public, then such affected employee would have notice of such release.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A06146 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6146--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced  by  M. of A. BUTTENSCHON, SILLITTI, SLATER, BERGER, GUNTHER,
          DICKENS,  FLOOD,  ANGELINO,  DeSTEFANO,  SAYEGH,  FALL,  SANTABARBARA,
          ZINERMAN,  FAHY,  EACHUS,  WILLIAMS, DARLING, CRUZ, CONRAD, BEEPHAN --
          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 --
          recommitted to the Committee on Governmental Operations in  accordance
          with  Assembly  Rule  3,  sec. 2 -- again reported from said committee
          with amendments, 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 6 to read as follows:
     3    6. All agencies subject to the  requirements  of  this  article  shall
     4  develop  a policy regarding providing a notification to public employees
     5  in the event that the agency is responding to a request for such employ-
     6  ee's disciplinary records.
     7    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10064-04-4
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