1. No employer or his duly authorized agent shall
transfer or in any other manner penalize an employee as to his
employment solely because such employee has failed to meet a quota,
established by his employer or his duly authorized agent, of tickets or
summonses issued within a specified period of time for traffic
violations including parking, standing or stopping. Any employee so
transferred or otherwise penalized may cause to be instituted a
grievance proceeding pursuant to the provisions of a collective
bargaining agreement, if any, or pursuant to the provisions of section
seventy-five-a of the civil service law if no collective bargaining
agreement exists. Any employee so transferred or otherwise penalized
shall be restored to his previously assigned position of employment and
shall be compensated by his employer for any loss of wages arising out
of such transfer or other penalty, and shall have any penalty imposed
restored; provided, that if such employee shall cease to be qualified to
perform the duties of his employment he shall not be entitled to such
restoration; and it shall be contrary to the public policy of this state
for such employer to establish or hereafter maintain a quota policy of
tickets or summonses issued for traffic violations including parking,
standing, or stopping.
2. For the purpose of this section a quota shall mean a specific
number of tickets or summonses issued for traffic violations including
parking, standing or stopping which are required to be issued within a
specified period of time.
3. Nothing provided in this section shall prohibit an employer or his
duly authorized agent from transferring or taking any other job action
against such employee for failure to satisfactorily perform his job
assignment of issuing tickets or summonses for traffic violations
including parking, standing or stopping except that the employment
productivity of such employee shall not be measured by such employee's
failure to satisfactorily comply with the requirement of any quota, as
that term is defined herein, which may be established.
* NB Effective until September 1, 2011