Bill Text: NY A08411 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits public employers from dismissing or taking other disciplinary action against public employees if such employees are elected or appointed to represent the employee organization or its members or communicate or offer commentary on matters of public concern or matters affecting the employee organization or its members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental employees [A08411 Detail]

Download: New_York-2021-A08411-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8411

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees

        AN ACT to amend the civil service law, in relation to prohibiting public
          employers  from taking disciplinary action against public employees in
          certain cases

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 2 of section 75-b of the civil service law is
     2  amended by adding a new paragraph (b) to read as follows:
     3    (b) A public employer shall not dismiss or take other disciplinary  or
     4  other  adverse personnel action against a public employee if such public
     5  employee is elected or appointed to represent the employee  organization
     6  or its members or communicates or offers commentary on matters of public
     7  concern or matters affecting the employee organization or its members.
     8    §  2. Section 75-b of the civil service law is amended by adding a new
     9  subdivision 3-a to read as follows:
    10    3-a. It shall be an affirmative defense in any disciplinary  or  other
    11  adverse  personnel  action  against  a  public  employee  if such public
    12  employee is elected or appointed to represent the employee  organization
    13  or  its  members, communicates or offers commentary on matters of public
    14  concern or matters affecting the employee organization or its members.
    15    § 3. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13134-01-1