LEGISLATIVE RESOLUTION objecting to the furlough language in the emer-
gency appropriation legislation for the period of April 1, 2010 through
May 19, 2010 and requesting Governor David A. Paterson resubmit the
emergency appropriation legislation without including language that
would authorize the Governor to impose furloughs on certain state
employees

WHEREAS, The Governor submitted to the New York State Senate and to the
New York State Assembly an emergency appropriation bill (Governor's
Program Bill No. 250) for the period through May 20, 2010; and
WHEREAS, Unless such bill is passed by both houses of the legislature
and signed by the Governor, New York State government would be forced to
shut down because necessary expenditures would not be authorized and
could not be made; and
WHEREAS, Notwithstanding the need to pass the emergency appropriation
bill to ensure continued operation of the state government, without
consultation with the Senate, the Governor inserted in such emergency
appropriation bill a provision which mandates a non-consensual furlough
to apply to select employees of the Executive Branch resulting in their
loss of one day's pay in direct contravention of their respective
collective bargaining agreements; and
WHEREAS, The unions representing these employees have negotiated
collective bargaining agreements that are currently in full force and
effect which establish the terms and conditions of their members'
employment, in accordance with the New York State Constitution, the
United States Constitution, and the Taylor Law of the State of New York,
which grants public employees the right to organize and enter into bind-
ing collective bargaining agreements with the state and its municipal
agents; and
WHEREAS, The Governor has not sought to reach a voluntary furlough
agreement with any of the unions representing the workers subject to
these provisions to resolve outstanding concerns; and
WHEREAS, The furlough is estimated to impact 100,000 workers, the vast
majority of which make under $50,000 per year; and
WHEREAS, The language in the bill requiring a one day furlough is
contrary to the laws and public policy of this state; and
WHEREAS, This Legislative Body believes it is not reasonable or
fiscally necessary to impose furloughs on unionized state employees in
violation of their existing collective bargaining agreements in order to
address the budget crisis; and
WHEREAS, There are other alternatives available that can address the
fiscal challenges faced by the state which do not violate the public
policy of the state, the New York State and United States constitutions,
the civil service law, the Taylor Law and union contracts; and
WHEREAS, This Legislative Body may not alter an appropriation bill
submitted by the Governor except to strike out or reduce or add items of
appropriation; and
WHEREAS, In order to avoid a shutdown of all the state's essential
services, the Legislature has little choice but to vote for the
provisions of the emergency appropriation bill, notwithstanding its
objection to the furlough provision of the bill; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
object to the furlough language in the emergency appropriation legis-
lation for the period of April 1, 2010 through May 19, 2010 and request-
ing Governor David A. Paterson resubmit the emergency appropriation
legislation without including language that would authorize the Governor
to impose furloughs on certain state employees; and be it further

RESOLVED, That this Legislative Branch pause further to request Gover-
nor David A. Paterson grants a message of necessity and a message of
appropriation for such new bill to ensure that the bill can be voted on
by the Senate on Monday, May 10th, 2010; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to The Honorable David A. Paterson, Governor of the State of New
York, Lieutenant Governor Richard Ravitch; Speaker of the New York State
Assembly, Sheldon Silver, and Assembly Minority Leader Brian Kolb.