S T A T E   O F   N E W   Y O R K
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                                   246

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. FARRELL, PRETLOW -- read once and referred to the
  Committee on Governmental Employees

AN  ACT in relation to establishing a special commission on compensation
  for state employees designated managerial or confidential, and provid-
  ing for its powers and duties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. (a) On the first of April of every fourth year, commencing
April 1, 2013, there shall be established for such year a commission  on
managerial or confidential state employee compensation to examine, eval-
uate and make recommendations with respect to adequate levels of compen-
sation  and  non-salary  benefits  for  managerial or confidential state
employees. In accordance  with  the  provisions  of  this  section,  the
commission shall:
  (i) examine the prevailing adequacy of pay levels and non-salary bene-
fits  received  by managerial or confidential employees of the state and
determine whether any of such pay levels warrant adjustment; and
  (ii) determine whether, for any of the four years  commencing  on  the
first of April of such years, following the year in which the commission
is  established,  the annual salaries for the managerial or confidential
employees of the state warrant adjustment.
  In discharging its responsibilities under paragraphs (i) and  (ii)  of
this subdivision, the commission shall take into account all appropriate
factors including, but not limited to: the administrative withholding of
managerial or confidential employee salary increases pursuant to chapter
10  of  the  laws  of  2008;  the  overall  economic  climate;  rates of
inflation; changes in public-sector spending; the levels of compensation
and non-salary benefits received by unionized state employees; the main-
tenance of or attainment of proper salary differential between  supervi-
sors  and  their subordinates; the levels of compensation and non-salary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03094-01-3

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benefits received by  professionals  in  government,  and  academia  and
private and nonprofit enterprise.
  (b)  The  commission shall consist of seven members to be appointed as
follows: three  shall  be  appointed  by  the  governor;  one  shall  be
appointed  by  the  temporary  president  of  the  senate;  one shall be
appointed by the speaker of the assembly; one shall be appointed by  the
comptroller;  and  one  shall  be  appointed  by the Organization of NYS
Management Confidential Employees.  The  governor  shall  designate  the
chair  of  the commission from among the members so appointed. Vacancies
in the commission shall  be  filled  in  the  same  manner  as  original
appointments. To the extent practicable, members of the commission shall
have experience in one or more of the following:  determination of exec-
utive  compensation, human resource administration and financial manage-
ment.
  (c) The commission may meet, hold public hearings and shall  have  all
the powers of a legislative committee pursuant to the legislative law.
  (d)  The  members  of the commission shall receive no compensation for
their services but shall be allowed their actual and necessary  expenses
incurred in the performance of their duties hereunder.
  (e) No member of the commission shall be disqualified from holding any
other  public office or employment, nor shall he or she forfeit any such
office or employment by reason of his or  her  appointment  pursuant  to
this  section, notwithstanding the provisions of any general, special or
local law, regulation, ordinance or city charter.
  (f) To the maximum extent feasible, the commission shall  be  entitled
to  request  and  receive  and  shall  utilize and be provided with such
facilities, resources and  data  of  any  court,  department,  division,
board,  bureau,  commission,  agency,  office or public authority of the
state or any political subdivision thereof as it may reasonably  request
to carry out properly its powers and duties pursuant to this section.
  (g)  The commission may request, and shall receive, reasonable assist-
ance from state agency personnel as necessary for the performance of its
functions.
  (h) The commission shall make a report to the governor and the  legis-
lature of its findings, conclusions, determinations and recommendations,
if  any,  not later than one hundred fifty days after its establishment.
Each recommendation made to implement a determination pursuant to  para-
graph  (ii)  of  subdivision (a) of this section shall have the force of
law, and shall supersede inconsistent provisions of  article  8  of  the
civil  service  law,  unless  modified  or abrogated by statute prior to
April first of the year as to which such determination applies.
  (i) Upon the making of its report as provided in  subdivision  (h)  of
this section, each commission established pursuant to this section shall
be deemed dissolved.
  S  2.  Notwithstanding the provisions of this act or of any other law,
each increase in salary or  compensation  of  any  officer  or  employee
provided  by  this  act  shall be added to the salary or compensation of
such officer or employee at the beginning of  that  payroll  period  the
first  day of which is nearest to the effective date of such increase as
provided in this act, or at the beginning of the earlier of two  payroll
periods  the  first  days  of  which are nearest but equally near to the
effective date of such increase  as  provided  in  this  act;  provided,
however, the payment of such salary increase pursuant to this section on
a  date prior thereto instead of on such effective date, shall not oper-
ate to confer any additional salary rights or benefits on  such  officer
or employee.

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  S  3. The annual salaries as prescribed pursuant to this act for state
employees designated managerial or confidential whenever adjusted pursu-
ant to the provisions of this act, shall be rounded up  to  the  nearest
multiple of one hundred dollars.
  S 4. This act shall take effect immediately.