2006 New York Code - Protection Of Sources Of Information.

 
    §  12-113  Protection  of  sources of information. a. Definitions. For
  purposes of this section:
    1. "Adverse  personnel  action"  shall  include  dismissal,  demotion,
  suspension,  disciplinary  action,  negative performance evaluation, any
  action resulting in loss of staff, office space or  equipment  or  other
  benefit,  failure  to  appoint,  failure  to promote, or any transfer or
  assignment or failure to transfer or assign against the  wishes  of  the
  affected officer or employee.
    2.  "Remedial  action"  means  an  appropriate  action  to restore the
  officer or employee to his or her former status, which may  include  one
  or more of the following:
    (a) reinstatement of the officer or employee to a position the same as
  or comparable to the position the officer or employee held or would have
  held  if not for the adverse personnel action, or, as appropriate, to an
  equivalent position;
    (b) reinstatement of full seniority rights;
    (c) payment of lost compensation; and
    (d) other measures necessary to address the  effects  of  the  adverse
  personnel action.
    3. "Commissioner" shall mean the commissioner of investigation.
    b.  1.  No  officer or employee of an agency of the city shall take an
  adverse personnel action with respect to another officer or employee  in
  retaliation  for  his  or  her making a report of information concerning
  conduct which  he  or  she  knows  or  reasonably  believes  to  involve
  corruption, criminal activity, conflict of interest, gross mismanagement
  or  abuse  of  authority  by  another  city  officer  or employee, which
  concerns his or her office or employment, or by persons dealing with the
  city,  which  concerns  their  dealings  with  the  city,  (i)  to   the
  commissioner,  or  (ii)  to a council member, the public advocate or the
  comptroller, who shall  refer  such  report  to  the  commissioner.  For
  purposes  of  this subdivision, an agency of the city shall be deemed to
  include, but not be limited to, an agency the head or members  of  which
  are  appointed  by one or more city officers, and the offices of elected
  city officers.
    2. Upon request, the commissioner, council member, public advocate  or
  comptroller  receiving  the  report  of alleged adverse personnel action
  shall  make  reasonable   efforts   to   protect   the   anonymity   and
  confidentiality of the officer or employee making such report.
    c.  An  officer or employee (i) of an agency of the city, or (ii) of a
  public agency or public  entity  subject  to  the  jurisdiction  of  the
  commissioner pursuant to chapter thirty-four of the charter who believes
  that  another  officer or employee has taken an adverse personnel action
  in violation of subdivision b of this section may report such action  to
  the commissioner.
    d.  1. Upon receipt of a report made pursuant to subdivision c of this
  section, the commissioner shall conduct an inquiry to determine  whether
  retaliatory adverse personnel action has been taken.
    2.  Within fifteen days after receipt of an allegation of a prohibited
  adverse personnel action, the commissioner shall provide written  notice
  to the officer or employee making the allegation that the allegation has
  been received by the commissioner. Such notice shall include the name of
  the  person  in  the  department  of  investigation who shall serve as a
  contact with the officer or employee making the allegation.
    3. Upon the  completion  of  an  investigation  initiated  under  this
  section, the commissioner shall provide a written statement of the final
  determination   to  the  officer  or  employee  who  complained  of  the
  retaliatory adverse personnel action. The statement  shall  include  the
  commissioner's  recommendations,  if  any, for remedial action, or shall


  state the commissioner has  determined  to  dismiss  the  complaint  and
  terminate the investigation.
    e.  Upon  a  determination that a retaliatory adverse personnel action
  has been taken, the commissioner shall without undue delay report his or
  her findings and, if appropriate, recommendations to  the  head  of  the
  appropriate  agency  or  entity, who (i) shall determine whether to take
  remedial  action  and  (ii)  shall  report  such  determination  to  the
  commissioner  in writing. Upon a determination that the agency or entity
  head has failed to take appropriate remedial  action,  the  commissioner
  shall  consult  with  the agency or entity head and afford the agency or
  entity head reasonable opportunity to take such action. If  such  action
  is  not taken, the commissioner shall report his or her findings and the
  response of the agency  or  entity  head  (i)  if  the  complainant  was
  employed  by an agency the head or members of which are appointed by the
  mayor, to  the  mayor,  (ii)  if  the  complainant  was  employed  by  a
  non-mayoral  agency  of  the  city,  to the city officer or officers who
  appointed the agency head, or (iii) if the complainant was employed by a
  public agency or other  public  entity  not  covered  by  the  preceding
  categories  but subject to the jurisdiction of the commissioner pursuant
  to chapter thirty-four of the charter, to the officer  or  officers  who
  appointed the head of the public agency or public entity, who shall take
  such action as is deemed appropriate.
    f.  Nothing  in this section shall be construed to limit the rights of
  any officer or employee with regard to any administrative  procedure  or
  judicial review.
    g.  Violation  of this section may constitute cause for administrative
  penalties.
    h. The commissioner shall conduct ongoing public education efforts  as
  necessary  to inform employees and officers of covered agencies of their
  rights and responsibilities under this section.
    i. Not later than October thirty-first of each year, the  commissioner
  shall  prepare  and forward to the mayor and the council a report on the
  complaints governed by this section during the  preceding  fiscal  year.
  The  report  shall  include,  but  not  be  limited  to,  the  number of
  complaints received pursuant to this section,  and  the  disposition  of
  such complaints.