![]() 1 As the state’s Manual of Procedure in Disciplinary Action explains: The statute, which dates back to 1883, lays out ground rules for disciplinary charges and gives workers due process when “incompetence or misconduct” is alleged. The law controls how employees get hired, receive promotions, and, when necessary, get disciplined or terminated. New York public employees since the late 19th century have enjoyed job protections under the state Civil Service Law. It’s very different in the Empire State’s public sector. The basic rule of private employment in New York is that workers can be disciplined or fired by their employers for any reason-or no reason at all-as long as no federal or state anti-discrimination statutes are violated.* require unions to reimburse employers for time that union officials spend representing colleagues in disciplinary proceedings instead of doing their government jobs.mandate public disclosure of disciplinary records and statistics and.provide state-appointed hearing officers for local governments and school districts.ensure that elected officials and their designated department heads have the last word on disciplinary penalties.prohibit collective bargaining of disciplinary procedures and standards.The recommended reforms include updating state laws and regulations to: It concludes by recommending a series of reforms designed to ensure a more accountable, less costly, and transparent disciplinary process for all public employees, while preserving their right to due process. This paper examines those rules and how they are generally applied today. The rules governing public employment in New York are expressly designed to make it time-consuming and expensive to hold workers accountable for poor performance or misconduct. In fact, the vast majority of New York government workers, including teachers, continue to enjoy multi-layered protection from discipline or dismissal under a combination of state law and collective bargaining provisions. You can download a pdf version of this report here.īut the steps taken by the Legislature in June were not the final word in addressing New York’s need for disciplinary reform-nor are police the only category of public employee that remain insulated from adequate public oversight. In New York, outrage over the Floyd case led to new police accountability measures including the repeal of a state law that kept secret the disciplinary records of police officers, firefighters and corrections officers. George Floyd’s video-recorded death in Minneapolis police custody stoked protests across the country.
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