Relates to including probation officers with respect to the confidentiality of personnel records of police officers, firefighters and correction officers.
TITLE OF BILL: An act to amend the civil rights law, in relation to including probation officers with respect to the confidentiality of personnel records of police officers, firefighters and correction officers
PURPOSE: To make the personnel records of a probation officer confidential.
SUMMARY OF PROVISIONS: This bill adds probation officers to the list of employees whose records are confidential under section 50-a of the Civil Rights Law.
Section 2. sets forth the effective date.
EXISTING LAW: None.
JUSTIFICATION: Police officers, corrections officers, and employees who serve in a capacity to enforce criminal laws are at risk of retribution by the individuals they come into contact with. One manner in which criminals have attempted to retaliate against law enforcement officers is by gathering sensitive information found within an employee's personnel file. These files are, generally, available to the public; however, exceptions have been made to protect law enforcement, investigators, correction officers, and other similarly situated employees. This bill would add probation officers to this list of those employees that have this protection. Probation officers are at risk of similar acts of retribution by those individuals they oversee and manage. Probation officers' personnel records should be confidential too.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
LOCAL FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5950 2013-2014 Regular Sessions IN SENATE October 11, 2013 ___________Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil rights law, in relation to including probation officers with respect to the confidentiality of personnel records of police officers, firefighters and correction officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 50-a of the civil rights law, as amended by section 53 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. All personnel records used to evaluate performance toward continued employment or promotion, under the control of any police agency or department of the state or any political subdivision thereof including authorities or agencies maintaining police forces of individuals defined as police officers in section 1.20 of the criminal procedure law and such personnel records under the control of a sheriff's department or a department of correction of individuals employed as correction officers and such personnel records under the control of a paid fire department or force of individuals employed as firefighters or firefighter/paramedics and such personnel records under the control of the department of corrections and community supervision for individuals defined as peace officers pursuant to subdivisions twenty-three
[and], twenty-three-a AND TWENTY-FOUR of section 2.10 of the criminal procedure law shall be considered confidential and not subject to inspection or review without the express written consent of such police officer, fire- fighter, firefighter/paramedic, correction officer or peace officer within the department of corrections and community supervision except as may be mandated by lawful court order. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11765-02-3