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.
Summary
Bill A05355 amends the correction law and civil service law to establish a framework for disciplining certain employees in the correctional system for serious misconduct. It defines serious misconduct to include excessive use of force, false reporting, failure to report such acts, introduction of contraband, and inappropriate relationships with incarcerated individuals. The bill outlines the disciplinary process, which is not governed by collective bargaining agreements, and specifies that employees can be suspended without pay pending the outcome of disciplinary hearings.
Impact
The bill significantly alters the disciplinary landscape for employees of the Department of Corrections and Community Supervision by allowing for immediate disciplinary actions for serious misconduct without the constraints of existing collective bargaining agreements. It also introduces a new definition of serious misconduct, which could lead to more stringent oversight and accountability within correctional facilities. Furthermore, employees removed for serious misconduct will not be eligible for rehire, impacting future employment opportunities for those individuals.
Sentiment
The sentiment surrounding Bill A05355 appears to be mixed, with some support for increased accountability in the correctional system, while concerns have been raised regarding the potential for abuse of the disciplinary process and the removal of protections typically afforded to employees under collective bargaining agreements. The lack of committee discussions or voting history makes it difficult to gauge the full extent of support or opposition.
Contention
Notable points of contention include the bill's provision to bypass collective bargaining agreements for serious misconduct cases, which some labor representatives argue undermines employee rights and protections. Additionally, there are concerns about the broad definition of serious misconduct and the potential for subjective enforcement by management, which could disproportionately affect certain employees.
Same As
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.
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.
Provides that no person shall be eligible for appointment as a police officer who was previously employed as a police officer and who: was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct; defines terms; makes related provisions.
An Act Concerning The Office Of The Correction Ombuds, Disclosure Of Disciplinary Matters Or Alleged Misconduct By A Department Of Correction Employee, Use Of Force And Body Cameras In Correctional Facilities And Criminal History Records.
Certain actions by public officers and employees clarified to constitute misconduct, penalty for repeated misconduct increased, statute of limitations increased, and offense of public misconduct made ineligible for automatic expungement.
Relating to misconduct by public school employees and to persons who must be listed in the registry of persons not eligible for employment in public schools.
Provides for the removal and other disciplinary action of part-time teaching assistants; provides for the procedure of such actions; authorizes suspension pending the determination of charges.