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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S01671 Summary: BILL NO S01671A &nbsp SAME AS SAME AS A05355-A

&nbsp SPONSOR SALAZAR &nbsp COSPNSR BASKIN, BRISPORT, CLEARE, GONZALEZ, JACKSON, MYRIE, SEPULVEDA &nbsp MLTSPNSR &nbsp Add §12, amd §112, Cor L; amd §§50 & 61, Civ Serv L &nbsp Authorizes the commissioner of corrections and community supervision to discipline certain employees for acts of serious misconduct; defines serious misconduct; establishes procedures for such disciplinary action; prohibits employees who have been removed for serious misconduct from being placed on the eligible list after such removal.

Go to top S01671 Text:

STATE OF NEW YORK ________________________________________________________________________

1671--A

2025-2026 Regular Sessions

IN SENATE

January 13, 2025 ___________

Introduced by Sens. SALAZAR, BASKIN, BRISPORT, CLEARE, GONZALEZ, JACK- SON, MYRIE, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the correction law and the civil service law, in relation to discipline of certain persons for serious misconduct

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

1 Section 1. The correction law is amended by adding a new section 12 to 2 read as follows: 3 § 12. Discipline of certain serious misconduct. 1. Definitions. For 4 the purposes of this section, the following terms shall have the follow- 5 ing meanings: 6 (a) "serious misconduct" shall mean: an act of excessive use of force; 7 an act of false reporting regarding one or more acts of excessive use of 8 force; an intentional failure to report an act of excessive use of 9 force; an inappropriate sexual relationship or contact with an incarcer- 10 ated person or person under community supervision; or an intentional 11 failure to report an inappropriate sexual relationship or contact with 12 an incarcerated person or person under community supervision. 13 (b) "employee" shall mean anyone employed by the department with the 14 title of "correction officer" or "correction sergeant". 15 2. Acts of misconduct. Notwithstanding any other provision of law, 16 when an employee is alleged to have committed an act of serious miscon- 17 duct then the disciplinary process that may be applied to such employee 18 shall be governed by the provisions of this section. 19 3. Disciplinary action. A person holding a position as described in 20 paragraph (a), (b) or (c) of this subdivision shall not be removed from

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04463-02-6

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1 their position or otherwise subjected to any disciplinary penalty 2 authorized pursuant to this section; provided, however, that such person 3 may be removed or otherwise subjected to a disciplinary penalty author- 4 ized pursuant to this section for serious misconduct after a hearing 5 upon stated charges pursuant to this section. This subdivision shall 6 apply to: 7 (a) a person holding a position by permanent appointment in the 8 competitive class of the classified civil service; or 9 (b) a person holding a position by permanent appointment or employment 10 in the classified service of the state, who was honorably discharged or 11 released under honorable circumstances from the armed forces of the 12 United States, including (i) having a qualifying condition as defined in 13 section one of the veterans' services law, and receiving a discharge 14 other than bad conduct or dishonorable from such service, or (ii) being 15 a discharged LGBT veteran, as defined in section one of the veterans' 16 services law, and receiving a discharge other than bad conduct or 17 dishonorable from such service, having served therein as such member 18 in time of war as defined in section eighty-five of the civil service 19 law, or who is an exempt volunteer firefighter as defined in the general 20 municipal law, except when such person holds the position of private 21 secretary, cashier or deputy of any official or department; or 22 (c) an employee holding a position in the non-competitive class other 23 than a position designated in the rules of the state civil service 24 commission as confidential or requiring the performance of functions 25 influencing policy, who since such employee's last entry into service 26 has completed at least five years of continuous service in the non-com- 27 petitive class in a position or positions not so designated in the rules 28 as confidential or requiring the performance of functions influencing 29 policy. 30 4. Pre-hearing and hearing procedure. An employee holding a position 31 as described in paragraph (a), (b) or (c) of subdivision three of this 32 section who at the time of questioning appears to be a potential subject 33 of disciplinary action for an act or acts of serious misconduct shall 34 have right to representation by such employee's certified or recognized 35 employee organization under article fourteen of the civil service law 36 and shall be notified in advance, in writing, of such right. An employee 37 holding a position as described in paragraph (a), (b) or (c) of subdivi- 38 sion three of this section who is designated managerial or confidential 39 under article fourteen of the civil service law, shall have, at the time 40 of questioning, where it appears that such employee is a potential 41 subject of disciplinary action for an act of serious misconduct, a right 42 to representation and shall be notified in advance, in writing, of such 43 right. If representation is requested, a reasonable period of time shall 44 be afforded to obtain such representation. If the employee is unable to 45 obtain representation within a reasonable period of time, then the 46 department may proceed with questioning the employee. A hearing officer 47 appointed for the purposes of this section shall determine if a reason- 48 able period of time was or was not afforded. In the event the hearing 49 officer finds that a reasonable period of time was not afforded then any 50 and all statements obtained from such questioning, as well as any 51 evidence or information obtained as a result of such questioning shall 52 be excluded. A person against whom removal or other disciplinary action 53 is proposed shall be provided written notice and shall be furnished a 54 copy of the charge or charges proffered against such person and shall be 55 allowed at least eight days for answering such charges in writing. The 56 hearing upon such charges shall be held by a hearing officer, selected

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1 by the commissioner or the commissioner's designee, within thirty busi- 2 ness days of the employee obtaining representation, or within thirty 3 business days of the employee being notified of the hearing if the 4 employee chooses not to obtain representation, unless, with good cause, 5 the commissioner or the commissioner's designee determines additional 6 time is needed to conduct the hearing. The hearing officer shall be 7 vested with all the powers of the commissioner and shall make a record 8 of such hearing, which shall, along with such officer's recommendation, 9 be referred to the commissioner for review and final determination. The 10 hearing officer shall, upon the request of the employee against whom 11 charges are proffered, permit such employee to be represented by coun- 12 sel, or by a representative of a recognized or certified employee organ- 13 ization, and shall allow them to summon witnesses on their behalf. The 14 burden of proving serious misconduct shall be upon the department and 15 shall be by a preponderance of evidence. Compliance with technical rules 16 of evidence shall not be required. 17 5. Penalties. (a) If the employee is found guilty of a charge or 18 charges of serious misconduct, the recommended penalty or punishment may 19 consist of any combination of the following: 20 (i) a letter of reprimand; 21 (ii) removal from work location and transfer; 22 (iii) a fine to be deducted from the salary or wages of such employee; 23 (iv) probation for a specified period, provided any further violation 24 can lead to termination; 25 (v) suspension without pay; 26 (vi) demotion in grade and title; or 27 (vii) dismissal from the service and loss of accumulated leave cred- 28 its. 29 (b) Provided, however, that the time during the pendency of the hear- 30 ing, in which an employee is suspended without pay, may be considered as 31 part of the penalty. 32 6. Post-hearing procedure. The final determination of the commission- 33 er on the recommendation from the hearing officer shall be made within 34 ten business days of receipt of such recommendation unless, with good 35 cause, the commissioner determines additional time is needed to make a 36 recommendation. If the employee is acquitted of all charges, such 37 employee shall be restored to their position with full pay for the peri- 38 od of suspension less the amount of any unemployment insurance benefits 39 that may have been received. If such employee is found guilty of one or 40 more of the charges, a copy of the charges, the employee's written 41 answer, a transcript of the hearing, and the final determination of the 42 commissioner shall be filed in the bureau of labor relations and the 43 employee's personnel file. A copy of the transcript of the hearing 44 shall, upon request of the affected employee, be furnished to such 45 employee without charge. 46 7. Appeal. When an employee believes they are aggrieved by a penalty 47 of fine, probation, suspension, demotion or dismissal from service 48 imposed pursuant to this section, such employee may make an application 49 to the appropriate court in accordance with the provisions of article 50 seventy-eight of the civil practice law and rules. 51 8. Termination. Notwithstanding any other provision of law, the 52 commissioner, in the commissioner's discretion, may terminate the 53 employment of any employee who is convicted of a crime committed during 54 the time such employee is employed by the department whenever the 55 commissioner determines that the continued employment of such person 56 would not be in the best interest of the department. Notwithstanding the

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1 foregoing, no employee shall be terminated pursuant to this section 2 unless such employee shall first have been furnished with a written 3 statement of the reasons for such determination and afforded an opportu- 4 nity by the commissioner, or the commissioner's designee, to make an 5 explanation and to submit facts in opposition thereto. 6 9. Reporting. The department shall produce an annual report which 7 shall be made publicly available on the department's website and shall 8 be provided to the temporary president of the senate, the speaker of the 9 assembly, and the chairs of the senate and assembly corrections commit- 10 tees. Such report shall contain the following information: 11 (a) the number of employees subject to discipline for serious miscon- 12 duct under this section disaggregated by type of discipline as stated in 13 paragraph (a) of subdivision five of this section; 14 (b) the number of employees who have been terminated by the commis- 15 sioner for engaging in serious misconduct; 16 (c) the number of employees who have been terminated by the commis- 17 sioner disaggregated by: 18 (i) serious misconduct offenses, as defined in paragraph (a) of subdi- 19 vision one of this section; 20 (ii) correctional facility; 21 (iii) job title; and 22 (iv) demographics, including race, gender, and age; 23 (d) the number of employees that obtained legal representation for 24 their hearing; 25 (e) the number of employees found guilty of serious misconduct under 26 this section that had a previous record of allegations and/or discipline 27 for serious misconduct; and 28 (f) the demographics, including race, gender, and age, of the victims 29 of serious misconduct by an employee who was found guilty of serious 30 misconduct under this section. 31 § 2. Paragraph (h) of subdivision 4 of section 50 of the civil service 32 law, as added by chapter 790 of the laws of 1958, is amended and a new 33 paragraph (i) is added to read as follows: 34 (h) who has been dismissed from private employments because of habitu- 35 ally poor performance[ . ] ; or 36 (i) who has been disciplined for an act of serious misconduct as set 37 forth in subdivision one of section twelve of the correction law. 38 § 3. Subdivision 1 of section 61 of the civil service law, as added by 39 chapter 790 of the laws of 1958, is amended to read as follows: 40 1. Appointment or promotion from eligible lists. Appointment or 41 promotion from an eligible list to a position in the competitive class 42 shall be made by the selection of one of the three persons certified by 43 the appropriate civil service commission as standing highest on such 44 eligible list who are willing to accept such appointment or promotion; 45 provided, however, that the state or a municipal commission may provide, 46 by rule, that where it is necessary to break ties among eligibles having 47 the same final examination ratings in order to determine their respec- 48 tive standings on the eligible list, appointment or promotion may be 49 made by the selection of any eligible whose final examination rating is 50 equal to or higher than the final examination rating of the third high- 51 est standing eligible willing to accept such appointment or promotion ; 52 provided further, however, that an individual's name shall be suspended 53 from the eligible list pending the outcome of the review of the appli- 54 cant's qualifications pursuant to subdivision four of section fifty of 55 this article . Appointments and promotions shall be made from the eligi- 56 ble list most nearly appropriate for the position to be filled.

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1 § 4. Subdivision 1 of section 112 of the correction law, as amended by 2 chapter 322 of the laws of 2021, is amended to read as follows: 3 1. The commissioner [ of corrections and community supervision ] shall 4 have the superintendence, management and control of the correctional 5 facilities in the department and of the incarcerated individuals 6 confined therein, and of all matters relating to the government, disci- 7 pline, policing, contracts and fiscal concerns thereof. [ He or she ] The 8 commissioner shall have the power and it shall be [ his or her ] the 9 commissioner's duty to inquire into all matters connected with said 10 correctional facilities. [ He or she ] The commissioner shall make such 11 rules and regulations, not in conflict with the statutes of this state, 12 for the government of the officers and other employees of the department 13 assigned to said facilities, and in regard to the duties to be performed 14 by them, and for the government and discipline of each correctional 15 facility, as [ he or she ] the commissioner may deem proper, and shall 16 cause such rules and regulations to be recorded by the superintendent of 17 the facility, and a copy thereof to be furnished to each employee 18 assigned to the facility. [ He or she ] With due consideration for overall 19 safety and security, the commissioner shall also have the power to place 20 reasonable limits or restrictions on the items an employee may bring 21 into a correctional facility or community supervision office when 22 reporting for duty, that can pose a threat or be used as a weapon. The 23 commissioner shall also prescribe a system of accounts and records to be 24 kept at each correctional facility, which system shall be uniform at all 25 of said facilities, and [ he or she ] the commissioner shall also make 26 rules and regulations for a record of photographs and other means of 27 identifying each incarcerated individual received into said facilities. 28 [ He or she ] The commissioner shall appoint and remove, subject to the 29 civil service law, subordinate officers and other employees of the 30 department who are assigned to correctional facilities , unless such 31 employee is accused of serious misconduct in which case such employee 32 shall be subject to disciplinary proceedings pursuant to section twelve 33 of this chapter . 34 § 5. This act shall take effect on the thirtieth day after it shall 35 have become a law; provided, however, that section one of this act shall 36 take effect upon the expiration of the current collective bargaining 37 agreement that governs impacted employees of the department of 38 corrections and community supervision; provided further, however, that 39 the commissioner of corrections and community supervision shall notify 40 the legislative bill drafting commission upon the expiration of the 41 current collective bargaining agreement that governs impacted employees 42 of the department of corrections and community supervision in order that 43 the commission may maintain an accurate and timely effective data base 44 of the official text of the laws of the state of New York in furtherance 45 of effectuating the provisions of section 44 of the legislative law and 46 section 70-b of the public officers law; provided further, however, that 47 notwithstanding any other provision of law to the contrary, once these 48 provisions take effect they cannot be abrogated, amended, enhanced or 49 modified in any way by future collective bargaining.

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