Bill > S05026

This bill amends the General Municipal Law to provide municipal employees with enhanced procedural rights when their benefits under Section 207-c are initially granted or discontinued. Specifically, the bill requires that if an employee requests a hearing, they must be provided a full "de novo" (completely new) evidentiary hearing where they can present testimonial, documentary, and other relevant evidence. The hearing officer must make an independent determination based on the evidence presented, rather than simply reviewing the municipality's original decision under an "arbitrary and capricious" standard. Importantly, the bill stipulates that a standard Article 78 legal proceeding (a typical administrative review) is not a sufficient substitute for this new hearing process. The bill also clarifies that while parties can negotiate alternative procedures through collective bargaining, the core right to a full evidentiary hearing is a mandatory, non-negotiable term of employment. This change is intended to provide municipal employees with a more robust and fair process for challenging decisions about their benefits, particularly those related to line-of-duty injuries or illnesses.

Budget and Finance, Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/S5026