Bill Text: NY A02715 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 2715 (Prior Session Legislation)

Introduced

Bill Title: Relates to discipline of an employee for physical or sexual abuse of people with developmental disabilities.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Introduced - Dead) 2014-06-09 - reported referred to codes [A02715 Detail]

Download: New_York-2013-A02715-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2715
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 17, 2013
                                      ___________
       Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the civil service law, in relation to  the  physical  or
         sexual abuse of people with developmental disabilities
         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 5 to read as follows:
    3    5.  DISCIPLINE  OF  AN EMPLOYEE FOR PHYSICAL OR SEXUAL ABUSE OF PEOPLE
    4  WITH DEVELOPMENTAL DISABILITIES. (A) NOTWITHSTANDING ANY OTHER PROVISION
    5  OF LAW TO THE CONTRARY, IN THE EVENT THAT AN EMPLOYEE OF  A  PROGRAM  OR
    6  FACILITY  OPERATED,  CERTIFIED OR LICENSED BY THE OFFICE FOR PEOPLE WITH
    7  DEVELOPMENTAL DISABILITIES IS IDENTIFIED IN AN INCIDENT  REPORT  AS  THE
    8  PERPETRATOR  OF  AN  ACT  OF  PHYSICAL  OR SEXUAL ABUSE AGAINST A PERSON
    9  RECEIVING CARE IN SUCH PROGRAM  OR  FACILITY,  SUCH  EMPLOYEE  SHALL  BE
   10  PLACED  ON  ADMINISTRATIVE  LEAVE  IMMEDIATELY  PENDING FURTHER INVESTI-
   11  GATION. IN THE EVENT THAT THE INCIDENT REPORT IS SUBSTANTIATED, AND  THE
   12  PHYSICAL  OR SEXUAL ABUSE IS FOUND, THE EMPLOYEE SHALL BE TERMINATED AND
   13  SUCH TERMINATION DECISION SHALL BECOME FINAL.
   14    (B) A PERSON WHO CAUSES A FALSE INCIDENT REPORT TO BE  FILED  PURSUANT
   15  TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO SECTION 175.30
   16  OF THE PENAL LAW.
   17    (C)  NOTWITHSTANDING  SECTION  TWO HUNDRED NINE-A OF THIS CHAPTER, FOR
   18  PURPOSES OF DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING
   19  AGREEMENT, THIS SUBDIVISION SHALL ONLY APPLY TO DISCIPLINARY  PROCEDURES
   20  IMPLEMENTED UNDER A COLLECTIVE BARGAINING AGREEMENT THAT TAKES EFFECT ON
   21  OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   22    (D)  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
   23  SUBDIVISION, INCLUDING A DEFINITION OF "PHYSICAL OR  SEXUAL  ABUSE"  AND
   24  THE  ESTABLISHMENT  OF TIME FRAMES NOT TO EXCEED A TIME PERIOD SPECIFIED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05313-01-3
       A. 2715                             2
    1  IN REGULATION FOR INVESTIGATION AND DETERMINING WHETHER ANY SUCH ALLEGA-
    2  TION IS SUBSTANTIATED.
    3    (E) IN THE EVENT OF A SUBSTANTIATED REPORT OF PHYSICAL OR SEXUAL ABUSE
    4  AGAINST  AN  EMPLOYEE  NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT,
    5  THE EMPLOYEE SHALL BE TERMINATED AND SUCH TERMINATION  SHALL  BE  FINAL.
    6  HOWEVER,  SUBSTANTIATION OF A REPORT OF PHYSICAL OR SEXUAL ABUSE BY SUCH
    7  EMPLOYEE SHALL NOT BE A PREREQUISITE FOR DISCIPLINARY ACTION,  INCLUDING
    8  TERMINATION,  NOR  SHALL  THIS  SUBDIVISION SUPERSEDE EXISTING POLICIES,
    9  AGREEMENTS OR CONTRACTS AS APPLICABLE NOR SHALL ANYTHING IN THIS  SUBDI-
   10  VISION ABRIDGE THE AT-WILL STATUS OF INDIVIDUALS EMPLOYED IN SUCH CAPAC-
   11  ITY.
   12    S 2. This act shall take effect immediately.