2006 New York Code - Retaliatory Action By Public Employers.

 
    § 75-b. Retaliatory action by public employers. 1. For the purposes of
  this section the term:
    (a)  "Public  employer"  or "employer" shall mean (i) the state of New
  York, (ii)  a  county,  city,  town,  village  or  any  other  political
  subdivision  or  civil division of the state, (iii) a school district or
  any  governmental  entity  operating  a  public   school,   college   or
  university,  (iv) a public improvement or special district, (v) a public
  authority, commission or public benefit corporation, or (vi)  any  other
  public  corporation, agency, instrumentality or unit of government which
  exercises governmental power under the laws of the state.
    (b) "Public employee" or "employee" shall mean any  person  holding  a
  position  by  appointment  or  employment  in  the  service  of a public
  employer except judges or justices  of  the  unified  court  system  and
  members of the legislature.
    (c)  "Governmental  body" shall mean (i) an officer, employee, agency,
  department, division, bureau, board, commission, council,  authority  or
  other  body  of  a public employer, (ii) employee, committee, member, or
  commission  of  the  legislative   branch   of   government,   (iii)   a
  representative,  member  or  employee of a legislative body of a county,
  town, village or any other political subdivision or  civil  division  of
  the  state, (iv) a law enforcement agency or any member or employee of a
  law enforcement agency, or (v) the judiciary  or  any  employee  of  the
  judiciary.
    (d)  "Personnel  action"  shall mean an action affecting compensation,
  appointment,    promotion,    transfer,    assignment,     reassignment,
  reinstatement or evaluation of performance.
    2.  (a) A public employer shall not dismiss or take other disciplinary
  or other adverse personnel action against a  public  employee  regarding
  the   employee's   employment   because  the  employee  discloses  to  a
  governmental body information: (i) regarding a violation of a law,  rule
  or  regulation  which  violation  creates and presents a substantial and
  specific danger to the public  health  or  safety;  or  (ii)  which  the
  employee   reasonably  believes  to  be  true  and  reasonably  believes
  constitutes an  improper  governmental  action.  "Improper  governmental
  action"  shall  mean  any action by a public employer or employee, or an
  agent  of  such  employer  or  employee,  which  is  undertaken  in  the
  performance  of such agent's official duties, whether or not such action
  is within the scope of his employment, and which is in violation of  any
  federal, state or local law, rule or regulation.
    (b)  Prior to disclosing information pursuant to paragraph (a) of this
  subdivision, an employee shall have made a good faith effort to  provide
  the  appointing  authority  or his or her designee the information to be
  disclosed and shall provide  the  appointing  authority  or  designee  a
  reasonable  time to take appropriate action unless there is imminent and
  serious danger to public health or safety.  For  the  purposes  of  this
  subdivision,  an  employee  who acts pursuant to this paragraph shall be
  deemed to have  disclosed  information  to  a  governmental  body  under
  paragraph (a) of this subdivision.
    3. (a) Where an employee is subject to dismissal or other disciplinary
  action  under  a  final  and  binding  arbitration  provision,  or other
  disciplinary procedure contained in a collectively negotiated agreement,
  or under section seventy-five of this title or any  other  provision  of
  state  or  local  law  and the employee reasonably believes dismissal or
  other disciplinary action would not have been taken but for the  conduct
  protected  under  subdivision  two of this section, he or she may assert
  such as a defense before the designated arbitrator or  hearing  officer.
  The merits of such defense shall be considered and determined as part of
  the  arbitration  award  or  hearing  officer decision of the matter. If
  there is a finding that the dismissal or other  disciplinary  action  is
  based  solely  on  a  violation by the employer of such subdivision, the
  arbitrator or hearing officer shall dismiss or  recommend  dismissal  of
  the  disciplinary  proceeding,  as  appropriate,  and,  if  appropriate,
  reinstate the employee with back pay, and, in the case of an arbitration
  procedure, may take other appropriate action  as  is  permitted  in  the
  collectively negotiated agreement.
    (b)  Where  an  employee  is  subject  to  a  collectively  negotiated
  agreement which contains provisions preventing an employer  from  taking
  adverse  personnel  actions  and  which  contains  a  final  and binding
  arbitration provision to resolve alleged violations of  such  provisions
  of  the  agreement  and  the  employee  reasonably  believes  that  such
  personnel action would not have been taken but for the conduct protected
  under subdivision two of this section, he or she may assert  such  as  a
  claim  before  the  arbitrator. The arbitrator shall consider such claim
  and determine its merits and shall, if a determination is made that such
  adverse personnel action is based on a violation by the employer of such
  subdivision, take such action to remedy the violation as is permitted by
  the collectively negotiated agreement.
    (c) Where an employee is not subject  to  any  of  the  provisions  of
  paragraph  (a)  or (b) of this subdivision, the employee may commence an
  action in a court of competent jurisdiction under  the  same  terms  and
  conditions as set forth in article twenty-C of the labor law.
    4.  Nothing  in this section shall be deemed to diminish or impair the
  rights of a public employee or employer under any law, rule,  regulation
  or collectively negotiated agreement or to prohibit any personnel action
  which  otherwise  would  have been taken regardless of any disclosure of
  information.