N.Y. Civil Service Law § 216: Falsely impersonating an employee organization or employee organization representative

§ 216. Falsely impersonating an employee organization or employee

organization representative. 1. Definitions. As used in this section,

the following terms shall have the following meanings:

(a) "Falsely impersonate an employee organization or employee

organization representative" shall mean to use, with the specific intent

to deceive the recipient and thereby cause harm to such recipient or

employee organization, fraud, misrepresentation, material omission, or

other deception in making and disseminating a verbal, written, or

electronic communication that purports to be authorized or otherwise

approved by such employee organization or employee organization

representative but that has not been authorized or approved by such

employee organization or employee organization representative.

(b) "Employee organization representative" shall mean any person

authorized by an employee organization, pursuant to its constitution,

bylaws or other internal rules or procedures, to act on behalf of such

employee organization.

2. No person shall falsely impersonate an employee organization or an

employee organization representative.

3. (a) Whenever the attorney general shall believe, from evidence

satisfactory to the attorney general, that any person, including but not

limited to an individual, organization, firm, corporation, company,

partnership or association, or agent or employee thereof, has engaged or

is about to engage in the false impersonation of an employee

organization or an employee organization representative, the attorney

general may bring an action or proceeding in the name and on behalf of

the people of the state of New York to enjoin such unlawful acts or

practices. In such action or proceeding, preliminary relief may be

granted under article sixty-three of the civil practice law and rules.

In addition to and not in lieu of any other damages that may be claimed,

any person found to be in violation of this section through such action

or proceeding shall be fined one thousand dollars per incident;

provided, however, that a court shall have discretion to reduce the

total fine if the court finds that the amount of such fine is

disproportionate to the defendant's conduct.

(b) The attorney general may bring such an action against any person

disseminating verbal, written, or electronic communications in this

state, whether or not the person is within the state.

(c) In connection with any proposed action or proceeding under this

section, the attorney general is authorized to take proof and make a

determination of the relevant facts, and to issue subpoenas in

accordance with the civil practice law and rules.

4. To protect public employees from fraud or misrepresentation,

including the false impersonation of an employee organization

representative, an employee organization shall have, as a matter of

internal governance, the sole authority to identify and designate its

employee organization representatives.