Bill Text: NY A09963 | 2019-2020 | General Assembly | Introduced
Bill Title: Increases protection against retaliation for public employees who fail to perform a duty when such action is deemed improper by any group, person, body, organization, legislative representative or social networking platform and provides for an affirmative defense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-03 - referred to governmental employees [A09963 Detail]
Download: New_York-2019-A09963-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9963 IN ASSEMBLY March 3, 2020 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to increasing protection against retaliation for public employees and provides an affirmative defense 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 regarding the 5 employee's employment because the employee fails to perform a duty when 6 such action is deemed improper by any group, person, body, organization, 7 legislative representative or social networking platform. 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 regarding the employ- 12 ee's employment because the employee failed to perform a duty and/or 13 action as prescribed under federal, state or local law or regulation if 14 the employee reasonably believed that such duty and/or action may invoke 15 community unrest, public scorn or societal backlash by any group, 16 person, body, organization, legislative representative or social 17 networking platform. 18 § 3. This act shall take effect on the thirtieth day after it shall 19 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14211-02-9