Bill Text: NY A07245 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the removal and discipline of part-time teaching assistants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A07245 Detail]

Download: New_York-2019-A07245-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7245
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 18, 2019
                                       ___________
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Education
        AN ACT to amend the education law, in relation to the removal and disci-
          pline of part-time teaching assistants
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 3020-c
     2  to read as follows:
     3    § 3020-c. Removal and other disciplinary action of part-time  teaching
     4  assistants.  1.    Removal  and  other  disciplinary  action. A teaching
     5  assistant employed by a public school district or a board of cooperative
     6  educational services less  than  full-time  in  the  unclassified  civil
     7  service  who  since  his or her last entry into service has completed at
     8  least five years of continuous service in the unclassified civil service
     9  shall not be removed or otherwise subjected to any disciplinary  penalty
    10  provided  in  this  section  except for incompetency or misconduct shown
    11  after a hearing upon stated charges pursuant to this section.
    12    2. Procedure. An employee who at the time of questioning appears to be
    13  a potential subject of disciplinary action shall have a right to  repre-
    14  sentation  by  his  or her certified or recognized employee organization
    15  under article fourteen of the civil service law and shall be notified in
    16  advance, in writing, of such right. If  representation  is  requested  a
    17  reasonable  period  of  time  shall be afforded to obtain such represen-
    18  tation. If the employee is unable  to  obtain  representation  within  a
    19  reasonable  period  of  time the employer has the right to then question
    20  the employee. A hearing officer under this section shall have the  power
    21  to find that a reasonable period of time was or was not afforded. In the
    22  event the hearing officer finds that a reasonable period of time was not
    23  afforded  then  any and all statements obtained from said questioning as
    24  well as any evidence or information obtained as a result of  said  ques-
    25  tioning  shall  be  excluded,  provided,  however, that this subdivision
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11141-01-9

        A. 7245                             2
     1  shall not modify or replace any written collective agreement  between  a
     2  public employer and employee organization negotiated pursuant to article
     3  fourteen  of  the  civil  service  law. A person against whom removal or
     4  other  disciplinary action is proposed shall have written notice thereof
     5  and of the reasons therefor, shall be furnished a copy  of  the  charges
     6  preferred  against  him  or her and shall be allowed at least eight days
     7  for answering the same in writing. The hearing upon such  charges  shall
     8  be  held  by  the  officer or body having the power to remove the person
     9  against whom such charges are preferred, or by a deputy or other  person
    10  designated by such officer or body in writing for that purpose.  In case
    11  a  deputy  or  other  person  is so designated, he or she shall, for the
    12  purpose of such hearing, be vested with all the powers of  such  officer
    13  or body and shall make a record of such hearing which shall, with his or
    14  her  recommendations, be referred to such officer or body for review and
    15  decision. The person or persons holding such  hearing  shall,  upon  the
    16  request  of the person against whom charges are preferred, permit him or
    17  her to be represented by counsel, or by a representative of a recognized
    18  or certified employee organization, and shall allow him or her to summon
    19  witnesses in his or her behalf. The burden of  proving  incompetency  or
    20  misconduct  shall  be upon the person alleging the same. Compliance with
    21  technical rules of evidence shall not be required.
    22    3. Suspension pending determination of charges; penalties. Pending the
    23  hearing and determination of charges of incompetency or misconduct,  the
    24  employee  against whom such charges have been preferred may be suspended
    25  without pay for a period not exceeding thirty days. If such employee  is
    26  found  guilty of the charges, the penalty or punishment may consist of a
    27  reprimand, a fine not to exceed one hundred dollars to be deducted  from
    28  the  salary or wages of such officer or employee, suspension without pay
    29  for a period not exceeding two months, demotion in grade and  title,  or
    30  dismissal  from  the  service;  provided,  however, that the time during
    31  which an employee is suspended without pay may be considered as part  of
    32  the  penalty.  If he or she is acquitted, he or she shall be restored to
    33  his or her position with full pay for the period of suspension less  the
    34  amount  of  any  unemployment  insurance  benefits  he  or  she may have
    35  received during such period. If such employee is found guilty, a copy of
    36  the charges, his or her written answer  thereto,  a  transcript  of  the
    37  hearing,  and  the  determination  shall  be  filed in the office of the
    38  department or agency in which he or she has been employed,  and  a  copy
    39  thereof  shall  be filed with the civil service commission having juris-
    40  diction over such position. A copy of  the  transcript  of  the  hearing
    41  shall, upon request of the officer or employee affected, be furnished to
    42  him or her without charge.
    43    4. Notwithstanding any other provision of law, no removal or discipli-
    44  nary  proceeding  shall be commenced more than eighteen months after the
    45  occurrence of the alleged incompetency or misconduct complained  of  and
    46  described  in  the  charges or, provided, however, that such limitations
    47  shall not apply where the incompetency or misconduct complained  of  and
    48  described  in  the  charges  would,  if proved in a court of appropriate
    49  jurisdiction, constitute a crime.
    50    § 2. This act shall take effect immediately.
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