Bill Text: NY S07687 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires notification within one business day to the governing body of a town, village, city or county of any violation of the sexual harassment policy of such municipality or alleged violation of the human rights law; provides that records maintained by the town, village, city or county and proceedings by such town, village, city or county based thereon regarding a claim submitted by a victim or a claimant shall be deemed confidential; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-06 - REFERRED TO LOCAL GOVERNMENT [S07687 Detail]

Download: New_York-2019-S07687-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7687

                    IN SENATE

                                    February 6, 2020
                                       ___________

        Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend the town law, the village law, the general city law, and
          the county law, in relation to requiring immediate notification of any
          violation of the sexual  harassment  policy  of  the  municipality  or
          alleged violation of the human rights law

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

     1    Section 1. The town law is amended by adding a  new  section  65-b  to
     2  read as follows:
     3    § 65-b. Notification to town board; violation of the sexual harassment
     4  policy  or alleged violation of the human rights law. 1. Notification of
     5  any violation of the sexual harassment policy adopted in accordance with
     6  section two hundred one-g of the labor law or any alleged  violation  of
     7  the  human  rights law, which resulted in a finding of wrongdoing by any
     8  town employee or any alleged violation which resulted in  any  discipli-
     9  nary  action against any town employee shall be given to each town board
    10  member within one business day.
    11    2. Records maintained by the town and proceedings by  the  town  based
    12  thereon  regarding  a claim submitted by a victim or a claimant shall be
    13  deemed confidential.
    14    3. Any report or record obtained by the town, the  confidentiality  of
    15  which  is  protected by any other law or regulation, shall remain confi-
    16  dential subject to such law or regulation.
    17    4. In the event that the violation involves accusations of  wrongdoing
    18  by  an  individual  who  would  otherwise  receive  the  notification as
    19  required by this section, then the notification to such individual shall
    20  be waived.
    21    § 2. The village law is amended by adding a new section 3-314 to  read
    22  as follows:
    23    §  3-314  Notification to trustees; violation of the sexual harassment
    24  policy or alleged violation of the human rights law. 1. Notification  of
    25  any violation of the sexual harassment policy adopted in accordance with
    26  section  two  hundred one-g of the labor law or any alleged violation of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15240-02-0
        S. 7687                             2

     1  the human rights law, which resulted in a finding of wrongdoing  by  any
     2  village  employee  or any alleged violation which resulted in any disci-
     3  plinary action against any village employee shall be given to each trus-
     4  tee within one business day.
     5    2.  Records  maintained  by the village and proceedings by the village
     6  based thereon regarding a claim submitted by  a  victim  or  a  claimant
     7  shall be deemed confidential.
     8    3.  Any  report or record obtained by the village, the confidentiality
     9  of which is protected by any  other  law  or  regulation,  shall  remain
    10  confidential subject to such law or regulation.
    11    4.  In the event that the violation involves accusations of wrongdoing
    12  by an  individual  who  would  otherwise  receive  the  notification  as
    13  required by this section, then the notification to such individual shall
    14  be waived.
    15    §  3.  The  general city law is amended by adding a new section 3-e to
    16  read as follows:
    17    § 3-e. Notification to members of the common council; violation of the
    18  sexual harassment policy or alleged violation of the human  rights  law.
    19  1.    Notification  of  any  violation  of  the sexual harassment policy
    20  adopted in accordance with section two hundred one-g of the labor law or
    21  any alleged violation of the human rights law, which resulted in a find-
    22  ing of wrongdoing by any city employee or any  alleged  violation  which
    23  resulted  in  any disciplinary action against any city employee shall be
    24  given to each member of the common council within one business day.
    25    2. Records maintained by the city and proceedings by  the  city  based
    26  thereon  regarding  a claim submitted by a victim or a claimant shall be
    27  deemed confidential.
    28    3. Any report or record obtained by the city, the  confidentiality  of
    29  which  is  protected by any other law or regulation, shall remain confi-
    30  dential subject to such law or regulation.
    31    4. In the event that the violation involves accusations of  wrongdoing
    32  by  an  individual  who  would  otherwise  receive  the  notification as
    33  required by this section, then the notification to such individual shall
    34  be waived.
    35    § 4. The county law is amended by adding a new section 209-a  to  read
    36  as follows:
    37    § 209-a. Notification  to  the  board of supervisors; violation of the
    38  sexual harassment policy or alleged violation of the human  rights  law.
    39  1. Notification of any violation of the sexual harassment policy adopted
    40  in  accordance  with  section  two hundred one-g of the labor law or any
    41  alleged violation of the human rights law, which resulted in  a  finding
    42  of  wrongdoing  by  any  county  employee or any alleged violation which
    43  resulted in any disciplinary action against any county employee shall be
    44  given to each member of the board of  supervisors  within  one  business
    45  day.
    46    2.  Records maintained by the town and proceedings by the county based
    47  thereon regarding a claim submitted by a victim or a claimant  shall  be
    48  deemed confidential.
    49    3. Any report or record obtained by the county, the confidentiality of
    50  which  is  protected by any other law or regulation, shall remain confi-
    51  dential subject to such law or regulation.
    52    4. In the event that the violation involves accusations of  wrongdoing
    53  by  an  individual  who  would  otherwise  receive  the  notification as
    54  required by this section, then the notification to such individual shall
    55  be waived.
    56    § 5. This act shall take effect immediately.