S T A T E O F N E W Y O R K
________________________________________________________________________
4820
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. LUPARDO, DESTITO, JOHN, PERALTA -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to providing for
binding arbitration in negotiations for certain members of the securi-
ty services collective bargaining unit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 209 of the civil service law, as
amended by section 1 of chapter 234 of the laws of 2008, is amended to
read as follows:
2. Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues to impartial
arbitration. In the absence or upon the failure of such procedures,
public employers and employee organizations may request the board to
render assistance as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which previously was a
part of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, town, village or fire or police district, or
detective-investigators, or rackets investigators employed in the office
of a district attorney of a county, or in regard to any organized unit
of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators, senior investigators and
investigator specialists of the division of state police, or in regard
to members of collective negotiating units designated as security
services and security supervisors who are police officers, who are
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03323-01-9
A. 4820 2
forest ranger captains or who are employed by the state department of
correctional services and are designated as peace officers pursuant to
subdivision twenty-five of section 2.10 of the criminal procedure law OR
WHO ARE SAFETY AND SECURITY OFFICERS WITHIN THE OFFICE OF MENTAL HEALTH,
THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, OR THE
DEPARTMENT OF HEALTH, or in regard to members of the collective negoti-
ating unit designated as the agency law enforcement services unit who
are police officers pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law or who are forest rangers, or in regard to
organized units of deputy sheriffs who are engaged directly in criminal
law enforcement activities that aggregate more than fifty per centum of
their service as certified by the county sheriff and are police officers
pursuant to subdivision thirty-four of section 1.20 of the criminal
procedure law as certified by the municipal police training council or
Suffolk county correction officers or Suffolk county park police, as
provided in subdivision four of this section.
S 2. The opening paragraph of subdivision 4 of section 209 of the
civil service law, as amended by chapter 234 of the laws of 2008, is
amended to read as follows:
On request of either party or upon its own motion, as provided in
subdivision two of this section, and in the event the board determines
that an impasse exists in collective negotiations between such employee
organization and a public employer as to the conditions of employment of
officers or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized fire
department whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any county, city,
town, village or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in the office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior investi-
gators and investigator specialists of the division of state police, or
as to the terms and conditions of employment of members of collective
negotiating units designated as security services and security supervi-
sors, who are police officers, who are forest ranger captains or who are
employed by the state department of correctional services and are desig-
nated as peace officers pursuant to subdivision twenty-five of section
2.10 of the criminal procedure law OR WHO ARE SAFETY AND SECURITY OFFI-
CERS WITHIN THE OFFICE OF MENTAL HEALTH, THE OFFICE OF MENTAL RETARDA-
TION AND DEVELOPMENTAL DISABILITIES, OR THE DEPARTMENT OF HEALTH, or in
regard to members of the collective negotiating unit designated as the
agency law enforcement services unit who are police officers pursuant to
subdivision thirty-four of section 1.20 of the criminal procedure law or
who are forest rangers, or as to the conditions of employment of any
organized unit of deputy sheriffs who are engaged directly in criminal
law enforcement activities that aggregate more than fifty per centum of
their service as certified by the county sheriff and are police officers
pursuant to subdivision thirty-four of section 1.20 of the criminal
procedure law as certified by the municipal police training council or
Suffolk county correction officers or Suffolk county park police, the
board shall render assistance as follows:
S 3. Paragraph (f) of subdivision 4 of section 209 of the civil
service law, as amended by chapter 179 of the laws of 2008, is amended
to read as follows:
A. 4820 3
(f) With regard to any members of collective negotiating units desig-
nated as security services or security supervisors, who are police offi-
cers, who are forest ranger captains or who are employed by the state
department of correctional services and are designated as peace officers
pursuant to subdivision twenty-five of section 2.10 of the criminal
procedure law OR WHO ARE SAFETY AND SECURITY OFFICERS WITHIN THE OFFICE
OF MENTAL HEALTH, THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES, OR THE DEPARTMENT OF HEALTH, or in regard to members of
the collective negotiating unit designated as the agency law enforcement
services unit who are police officers pursuant to subdivision thirty-
four of section 1.20 of the criminal procedure law or who are forest
rangers, or in regard to detective-investigators, criminal investigators
or rackets investigators employed in the office of a district attorney
of a county contained within a city with a population of one million or
more, the provisions of this section shall only apply to the terms of
collective bargaining agreements directly relating to compensation,
including, but not limited to, salary, stipends, location pay, insur-
ance, medical and hospitalization benefits; and shall not apply to non-
compensatory issues including, but not limited to, job security, disci-
plinary procedures and actions, deployment or scheduling, or issues
relating to eligibility for overtime compensation which shall be
governed by other provisions proscribed by law.
S 4. This act shall take effect immediately; provided that the amend-
ments to subdivisions 2 and 4 of section 209 of the civil service law
made by sections one, two and three, respectively, of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith.