S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5265
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 17, 2015
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Governmental Operations
       AN  ACT  to  amend the civil service law, in relation to the physical or
         sexual abuse of people with developmental disabilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 75 of the civil service law is amended by adding a
    2  new subdivision 5 to read as follows:
    3    5. DISCIPLINE OF AN EMPLOYEE FOR PHYSICAL OR SEXUAL  ABUSE  OF  PEOPLE
    4  WITH DEVELOPMENTAL DISABILITIES. (A) NOTWITHSTANDING ANY OTHER PROVISION
    5  OF  LAW  TO  THE CONTRARY, IN THE EVENT THAT AN EMPLOYEE OF A PROGRAM OR
    6  FACILITY OPERATED, CERTIFIED OR LICENSED BY THE OFFICE FOR  PEOPLE  WITH
    7  DEVELOPMENTAL  DISABILITIES  IS  IDENTIFIED IN AN INCIDENT REPORT AS THE
    8  PERPETRATOR OF AN ACT OF PHYSICAL  OR  SEXUAL  ABUSE  AGAINST  A  PERSON
    9  RECEIVING  CARE  IN  SUCH  PROGRAM  OR  FACILITY, SUCH EMPLOYEE SHALL BE
   10  PLACED ON ADMINISTRATIVE  LEAVE  IMMEDIATELY  PENDING  FURTHER  INVESTI-
   11  GATION.  IN THE EVENT THAT THE INCIDENT REPORT IS SUBSTANTIATED, AND THE
   12  PHYSICAL OR SEXUAL ABUSE IS FOUND, THE EMPLOYEE SHALL BE TERMINATED  AND
   13  SUCH TERMINATION DECISION SHALL BECOME FINAL.
   14    (B)  A  PERSON WHO CAUSES A FALSE INCIDENT REPORT TO BE FILED PURSUANT
   15  TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE SUBJECT TO SECTION 175.30
   16  OF THE PENAL LAW.
   17    (C) NOTWITHSTANDING SECTION TWO HUNDRED NINE-A OF  THIS  CHAPTER,  FOR
   18  PURPOSES OF DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING
   19  AGREEMENT,  THIS SUBDIVISION SHALL ONLY APPLY TO DISCIPLINARY PROCEDURES
   20  IMPLEMENTED UNDER A COLLECTIVE BARGAINING AGREEMENT THAT TAKES EFFECT ON
   21  OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   22    (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS  TO  IMPLEMENT  THIS
   23  SUBDIVISION,  INCLUDING  A  DEFINITION OF "PHYSICAL OR SEXUAL ABUSE" AND
   24  THE ESTABLISHMENT OF TIME FRAMES NOT TO EXCEED A TIME  PERIOD  SPECIFIED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05004-01-5
       A. 5265                             2
    1  IN REGULATION FOR INVESTIGATION AND DETERMINING WHETHER ANY SUCH ALLEGA-
    2  TION IS SUBSTANTIATED.
    3    (E) IN THE EVENT OF A SUBSTANTIATED REPORT OF PHYSICAL OR SEXUAL ABUSE
    4  AGAINST  AN  EMPLOYEE  NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT,
    5  THE EMPLOYEE SHALL BE TERMINATED AND SUCH TERMINATION  SHALL  BE  FINAL.
    6  HOWEVER,  SUBSTANTIATION OF A REPORT OF PHYSICAL OR SEXUAL ABUSE BY SUCH
    7  EMPLOYEE SHALL NOT BE A PREREQUISITE FOR DISCIPLINARY ACTION,  INCLUDING
    8  TERMINATION,  NOR  SHALL  THIS  SUBDIVISION SUPERSEDE EXISTING POLICIES,
    9  AGREEMENTS OR CONTRACTS AS APPLICABLE NOR SHALL ANYTHING IN THIS  SUBDI-
   10  VISION ABRIDGE THE AT-WILL STATUS OF INDIVIDUALS EMPLOYED IN SUCH CAPAC-
   11  ITY.
   12    S 2. This act shall take effect immediately.