The New York State Civil Service Law, the New York City Administrative Code,
and binding Department of Education policy provide protection to officers and
employees of the Department who report misconduct.
- NYS Civil Service Law §75-b protects from retaliation employees who
disclose to a governmental body information regarding a violation of law,
rule, or regulation that creates a danger to the public or that they believe
constitutes an improper governmental action.
- NYC Administrative Code §12-113 protects from retaliation employees
who report conduct to the Commissioner of Investigation, the Public
Advocate, the Comptroller, or a City Council Member that they believe to
involve corruption, criminal activity, or conflict of interest by another officer
or employee. Proposed Int. No. 83-A expanded this protection, sometimes
referred to as “whistleblower” protection, to include instances where public
employees are retaliated against for making a report of information
concerning conduct that he or she knows or reasonably believes presents a
substantial and specific risk of harm to the health, safety or educational
welfare of a child.
- A resolution of the Board of Education adopted July 7, 1992, prohibits
Department personnel from taking adverse personnel action against
employees who report conduct to the Special Commissioner of Investigation
that they believe involves corrupt or other criminal activity, conflicts of
interest, unethical conduct, or misconduct.