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Sullivan County committee debates proposed employee recording ban; unions and public raised concerns
Summary
Committee discussed a proposed county policy that would prohibit employees from recording other employees without consent; staff said unions provided feedback and counsel is reviewing the policy. Public commenters and some legislators said the policy was too broad and could block employees from documenting harassment or unsafe conditions.
The Sullivan County Human Resources Committee heard extended discussion about a proposed policy that would prohibit employees from recording other employees without "full knowledge and consent." County staff said the policy was drafted at the request of county leadership and that unions have provided feedback; the county's outside counsel is reviewing comments.
"No employee may record the conversation of another employee without his or her full knowledge and consent," a county staff member said while describing the proposed policy.
Several legislators and a public commenter said the policy as written would be "too broad" and could prevent employees from documenting harassment, discrimination or unsafe conditions. One committee member cited National Labor Relations Act protections and said the NLRB has found that employees may legally record workplace conversations to document working conditions and evidence of unequal application of workplace rules.
A public commenter, Star Hesse, told the committee: "I would very strongly encourage you, do not do that. Leave it the way it is so people can protect themselves and the county can be protected as well." Hesse argued that restricting recording could remove a key defense for employees who are being victimized.
Committee members noted that New York State is a one-party--consent jurisdiction, and staff responded that an employer policy can be stricter than state law but that the proposed policy should be reviewed by counsel and adjusted for exceptions such as HIPAA-protected information, health-care settings and documented safety concerns.
The policy language is under review by the county's attorneys (Romer, Wallins and Minot were named in the meeting), and committee members agreed to forward union feedback to counsel. Committee members also discussed tabling the resolution until counsel returns feedback and until legislators can meet with counsel for clarification.
Ending: The committee did not adopt a final policy at the meeting; staff said counsel would review submissions from unions and that the committee would receive written feedback before any final vote.
