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. LBD11141-01-9A. 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.