Assembly Bill A4197

2009-2010 Legislative Session

Requires public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A4197 (ACTIVE) - Details

See Senate Version of this Bill:
S3014
Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §209, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2282, S2337
2013-2014: A2037, S1126
2015-2016: A7079
2017-2018: A1948
2019-2020: A5156

2009-A4197 (ACTIVE) - Summary

Requires the public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined in this bill.

2009-A4197 (ACTIVE) - Bill Text download pdf

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

                                  4197

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER,  HOYT, PEOPLES -- read once and
  referred to the Committee on Governmental Employees

AN ACT to amend the civil service law,  in  relation  to  binding  arbi-
  tration for certain public employees

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

  Section 1. The opening paragraph of subparagraph (v) of paragraph  (c)
of  subdivision 4 of section 209 of the civil service law, as amended by
chapter 216 of the laws of 1977, is amended to read as follows:
  the public arbitration panel shall make a just and reasonable determi-
nation of the matters in dispute. In arriving at such determination, the
panel shall CONSIDER, ABOVE ALL OTHER FACTORS, THE FINANCIAL ABILITY  OF
THE  PUBLIC  EMPLOYER TO PAY. THE PUBLIC EMPLOYER'S ABILITY TO PAY SHALL
BE DEFINED AS EXISTING FISCAL CAPACITY WITHOUT RESORT TO EITHER  NEW  OR
INCREASED  TAXATION INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF TAXATION
IN THE POLITICAL SUBDIVISION COMPARED TO SIMILAR POLITICAL  SUBDIVISIONS
IN  OTHER  AREAS  OF  THE  STATE, THE TAX BASE, ANY EVIDENCE OF ECONOMIC
DECLINE AND  ANY  OTHER  APPLICABLE  MEASURES  OF  FISCAL  DISTRESS,  OR
EXTRAORDINARY  REDUCTIONS  IN OTHER GOVERNMENTAL EXPENDITURES. THE ARBI-
TRATION PANEL SHALL ALSO CONSIDER THE COMPETING FINANCIAL OBLIGATIONS OF
THE PUBLIC EMPLOYER WHICH MAY BE  AFFECTED  BY  SUCH  DETERMINATION  AND
SPECIFICALLY  THE  IMPACT  OF  ANY SUCH DETERMINATION ON ONGOING NEGOTI-
ATIONS OR SUCCESSOR NEGOTIATIONS WITH EMPLOYEE ORGANIZATIONS  REPRESENT-
ING OTHER EMPLOYEES OF THE PUBLIC EMPLOYER.  THE ARBITRATION PANEL SHALL
SPECIFY  ITS RATIONALE IN THE DETERMINATION, INCLUDING THE CONSIDERATION
OF SUCH ABILITY OF THE PUBLIC EMPLOYER TO PAY WITHOUT RESORT TO  NEW  OR
INCREASED  TAXATION. THE PANEL SHALL specify the basis for its findings,
taking into SECONDARY consideration, in addition to any  other  relevant
factors, the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06823-01-9

A. 4197                             2
              

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