Bill Text: NY S04458 | 2011-2012 | General Assembly | Introduced

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Bill Title: Clarifies the improper governmental actions which may be disclosed by state legislative employees without retaliation from their legislative employer.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04458 Detail]

Download: New_York-2011-S04458-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4458
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 6, 2011
                                      ___________
       Introduced  by  Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Civil Service and Pensions
       AN  ACT  to amend the civil service law, in relation to the reporting of
         improper governmental actions by legislative employees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 2 of section 75-b of the civil
    2  service  law,  as amended by chapter 899 of the laws of 1986, is amended
    3  to read as follows:
    4    (a) A public employer shall not dismiss or take other disciplinary  or
    5  other  adverse  personnel action against a public employee regarding the
    6  employee's employment because the employee discloses to  a  governmental
    7  body information: (i) regarding a violation of a law, rule or regulation
    8  which  violation  creates and presents a substantial and specific danger
    9  to the public health or safety; or (ii) which  the  employee  reasonably
   10  believes  to  be  true  and  reasonably believes constitutes an improper
   11  governmental action.  "Improper  governmental  action"  shall  mean  any
   12  action by a public employer or employee, or an agent of such employer or
   13  employee,  which  is undertaken in the performance of such agent's offi-
   14  cial duties, whether or not such action is within the scope  of  his  OR
   15  HER employment, and which is in violation of any federal, state or local
   16  law,  rule  or  regulation.   FURTHERMORE, WITH REGARD TO DISCLOSURES BY
   17  OFFICERS AND EMPLOYEES OF THE LEGISLATIVE BRANCH OF GOVERNMENT, "IMPROP-
   18  ER GOVERNMENTAL ACTION" SHALL ALSO INCLUDE ANY ACTION OR ACTIVITY  TAKEN
   19  BY  A MEMBER OF THE LEGISLATURE OR BY A LEGISLATIVE EMPLOYEE, AS DEFINED
   20  IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  SEVENTY-THREE  OF  THE
   21  PUBLIC  OFFICERS LAW, WHICH VIOLATES OR MAY VIOLATE ANY PROVISION OF THE
   22  LEGISLATIVE LAW, THE PENAL LAW OR THE ARTICLE FOUR OF THE  PUBLIC  OFFI-
   23  CERS  LAW THAT IS REPORTED TO A GOVERNMENTAL BODY, INCLUDING THE COMMIS-
   24  SION ON PUBLIC INTEGRITY AND THE LEGISLATIVE ETHICS COMMISSION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10649-01-1
       S. 4458                             2
    1    S 2. Section 75-b of the civil service law is amended by adding a  new
    2  subdivision 5 to read as follows:
    3    5. EVERY PUBLIC EMPLOYER THAT IS PART OF THE LEGISLATIVE BRANCH OF THE
    4  STATE  SHALL  INFORM  ITS  PUBLIC  EMPLOYEES OF THEIR RIGHTS, DUTIES AND
    5  PROTECTIONS PURSUANT TO THIS SECTION, BY CONSPICUOUSLY POSTING A WRITTEN
    6  NOTICE THEREOF. SUCH NOTICES SHALL BE POSTED IN  EASILY  ACCESSIBLE  AND
    7  WELL-LIT  LOCATIONS  CUSTOMARILY FREQUENTED BY SUCH EMPLOYEES AND APPLI-
    8  CANTS FOR EMPLOYMENT.
    9    S 3. This act shall take effect on the thirtieth day  after  it  shall
   10  have become a law.