New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.183 - Executive Order No. 183: Protecting the Personal Privacy of Public Sector Workers

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the labor movement was born in New York State more
					 than a century ago, when, in the wake of the Triangle Shirtwaist Factory fire
					 New York became the first state to enact laws protecting workers; and
WHEREAS, the labor movement continues to thrive in New
					 York, which today boasts the highest rate of union membership in the country ""
					 more than double the national rate;
WHEREAS, as the voice of working people, labor built the
					 middle class and advanced the great progressive achievements that we take for
					 granted today "" victories such as the Social Security Act, the Fair Labor
					 Standards Act establishing the 40-hour work week, setting a minimum wage and
					 prohibiting child labor, the Equal Pay Act banning gender wage discrimination,
					 and the Occupational Safety and Health Act; and
WHEREAS, across New York State and this country, workers'
					 personal information such as their home addresses and cell phone numbers, are
					 being used to attack, harass, and intimidate them; and
WHEREAS, although today's decision by the United States
					 Supreme Court in
Janus v AFSCME
attempts to undermine worker
					 safety and privacy, New York State will not subject public sector workers to
					 the abuse of their personal information as part of a campaign to harass and
					 intimidate workers for any reason, including engaging in union activities or
					 looking to unionize.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by, virtue of the authority vested in me by the Constitution and
					 laws of the State of New York, do hereby order as follows:
A. Definitions
"State entity" shall mean (i) all agencies and departments
					 over which the Governor has executive authority, and (ii) all public benefit
					 corporations, public authorities, boards, and commissions, for which the
					 Governor appoints the Chair, the Chief Executive, or the majority of Board
					 members, except for the Port Authority of New York and New Jersey.
B. Responsibilities of State
				  Entities
No State entity, including any of its officers or
					 employees, shall disclose:
(a) the
				  home address(es), personal telephone number(s), personal cell phone number(s),
				  personal e-mail address(es) of a public employee, as the term "public employee"
				  is defined in Article 14 of the Civil Service Law, except (i) to an employee
				  organization that, in accordance with Article 14 of the Civil Service Law, is
				  the certified or recognized bargaining representative of a unit of public
				  employees; (ii) to a bona fide employee organization that, in accordance with
				  Article 14 of the Civil Service Law, is legitimately seeking to be certified or
				  recognized as bargaining representative of a unit of public employees solely
				  for purposes of aiding such employee organization in obtaining certification or
				  recognition; or (iii) to the extent compelled to do so by lawful service of
				  process, subpoena, court order, or as otherwise required by law. This order
				  shall not apply to work-related, publicly available information such as title,
				  salary, and dates of employment.