Bill Text: NY A06146 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 16-5)

Status: (Engrossed) 2024-06-05 - RETURNED TO ASSEMBLY [A06146 Detail]

Download: New_York-2023-A06146-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6146--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced  by  M.  of  A. BUTTENSCHON, SILLITTI, SLATER, BERGER -- 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

        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
    21    (e) the final written opinion or memorandum supporting the disposition
    22  and discipline imposed including the disciplinary body's complete factu-
    23  al findings and its analysis of the conduct and  appropriate  discipline
    24  of such public employee.
    25    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10064-02-4