Bill Text: NY S04748 | 2013-2014 | 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 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04748 Detail]

Download: New_York-2013-S04748-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4748
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 22, 2013
                                      ___________
       Introduced  by  Sen.  SAVINO -- 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  JOINT
   24  COMMISSION ON PUBLIC ETHICS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07995-01-3
       S. 4748                             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.