Assembly Bill A6338C

                                BILL NUMBER:A6338A

TITLE OF BILL:  An act to amend the public officers law, in relation to
certain collective bargaining agreements

PURPOSE OR GENERAL IDEA OF BILL: Amend the Public Officers Law to
provide that any record indicating the proposed terms of a collective
bargaining agreement be made available to the public

SUMMARY OF SPECIFIC PROVISIONS: Paragraph (c) of subdivision 2 of
Section 87 of the Public Officers Law, as added by Chapter 933 of the
Laws of 1997, is amended to read as follows:

(c) if disclosed would impair present or imminent contract awards or
collective bargaining negotiations, provided however, (i) that records
indicating the proposed terms of a collective bargaining agreement shall
be made available to the public when such records are sent to members of
a public employee union for their approval or rejection and (ii) that
copies of all proposed public employee, school district collective
bargaining agreements, employment contracts, or amendments to such
contracts be placed on the school district website, if such website
exists, and within the local public libraries and offices of such
districts when the records are sent to the unions or one month earlier,
whichever comes first.

JUSTIFICATION: The public's right to know and hold elected officials
              

accountable is a hallmark of American democracy. It has long been a
right enshrined in state law and practice. The New York State Legisla-
ture enacted the Public Officers Law giving its citizens clearly defined
freedom of information rights, which have been expanded over the last
decade. Technological progress has provided even more opportunities for
citizen oversight, particularly with the Internet. For example, Attorney
General Cuomo and Comptroller DiNapoli recently created websites,
www.sunlightny.com and www.openbooknewyork.com allowing citizens
unprecedented access to legislator activities and government financial
workings. In 2009, Governor Paterson created a website,
www.economicrecovery.ny.gov so that citizens can track state projects
that are funded from the 2009 Federal Stimulus Package.

There are, however, significant exceptions to the kind of information
the public can acquire, one of which is school district collective
bargaining agreements. Collective bargaining agreements, covering sala-
ries and benefits of all school district personnel and public employees,
are made public after the contracts have been ratified.  The magnitude
of collective bargaining contracts cannot be overstated. School taxes
represent 70-80% of a homeowner's property tax bill, and school teacher,
administrative, and support staff salaries and benefits represent about
80% of school costs. It is clear that homeowners then are largely paying
taxes to fund school staff salaries and benefits.

As the local property tax burden increases year after year, taxpayers
are demanding information regarding collective bargaining agreements.

Newspaper editorials throughout the state are opinion that school
district residents deserve to know of collective bargaining terms so
they can comment, discuss and debate them in a transparent and open
manner. A Suffolk County Court Special Jury, in its investigation of
fiscal irregularities 0 Suffolk County school districts, recommended
that taxpayers be given ample opportunity to review proposed school
district employment contracts or amendments to contracts and hold
discussions with local school board members prior to adoption (Grand
Jury Report CPL 190.85(1)(C), September 19, 2005).

Eleven States have collective bargaining that is accessible and open to
the public. Some have opened up the process in its entirety, some
partially, some in person, and some through session minutes. Other
states such as Washington, Michigan, and Wisconsin are exploring the
possibility. It is time for New York, a state that prides itself on
government access and transparency, to open up school district collec-
tive bargaining to the taxpayers who fund the contracts.

PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS: The fiscal implications will be minimal to none,
since school districts and municipalities have operating websites and
established public outreach systems.

EFFECTIVE DATE: This act shall take effect immediately.

                                BILL NUMBER:A6338B

TITLE  OF BILL:  An act to amend the public officers law, in relation to
certain collective bargaining agreements

PURPOSE OR GENERAL IDEA OF  BILL:  Amend  the  Public  Officers  Law  to
provide  that  any  record indicating the proposed terms of a collective
bargaining agreement be made available to the public.

SUMMARY OF SPECIFIC  PROVISIONS:  Paragraph  (c)  of  subdivision  2  of
Section  87  of  the Public Officers Law, as added by Chapter 933 of the
Laws of 1997, is amended to read as follows:

(c) If disclosed would impair present or  imminent  contract  awards  or
collective  bargaining  negotiations, provided however, (i) that records
indicating he proposed terms of a collective bargaining agreement  shall
be  made  available to the public immediately following approval of such
proposed terms by a public employee union, and at least one  week  prior
to  the  approval  or  rejection  of  such  proposes terms by the public
employer. (ii) that copies  of  all  proposed  public  employee,  school
district  collective  bargaining  agreements,  employment  contracts, or
amendments to such contracts be placed on the school  district  website,
if  such  website  exists,  and  within  the  local public libraries and
offices of such districts  at  least  one  week  prior  to  approval  or
rejection  of  such  proposed  public  employee union or school district
proposed collective bargaining agreements or  action  taken  to  approve
              

other employment contracts or amendments.

JUSTIFICATION:  The  public's  right  to know and hold elected officials
accountable is hallmark of American democracy. It has long been a  right
enshrined  in  state  law  and  practice. The New York State Legislature
enacted the Public Officers Law  giving  its  citizens  clearly  defined
Freedom  of  Information  rights, which have been expanded over the last
decade. Technological progress has provided even more opportunities  for
citizen oversight, particularly with the Internet. For example, Attorney
General  Cuomo  and  Comptroller  DiNapoli  recently  created  websites,
www.sunlightny.com   and   www.openbooknewyork.com   allowing   citizens
unprecedented  access  to legislator activities and government financial
workings.   In   2009,   Governor   Paterson    created    a    website,
www.economicrecoery.ny.gov  so  that  citizens  can track state projects
that are funded from the 2009 Federal Stimulus Package.

There are, however, significant exceptions to the  kind  of  information
the  public  can  acquire,  one  of  which is school district collective
bargaining agreements. Collective bargaining agreements, covering  sala-
ries and benefits of all school district personnel and public employees,
are  made  public after the contracts have been ratified.  The magnitude
of collective bargaining contracts cannot be  overstated.  School  taxes
represent 70-80% of a homeowner's property tax bill, and school teacher,
administrative,  and support staff salaries and benefits represent about
8O% of school costs. It is clear that homeowners then are largely paying
taxes to fund school staff salaries and benefits.

As the local property tax burden increases year  after  year,  taxpayers
are  demanding  information  regarding collective bargaining agreements.
Newspaper editorials throughout the state are in the opinion that school
district residents deserve to know of  collective  bargaining  terms  so
they  can  comment,  discuss  and  debate them in a transparent and open
manner. A Suffolk County Court Special Jury,  in  its  investigation  of
fiscal  irregularities  in  the  Suffolk County school districts, recom-
mended that taxpayers be given  ample  opportunity  to  review  proposed
school district employment contracts or amendments to contracts and hold
discussions  with  local  school  board members prior to adoption (Grand
Jury Report CPL 190.85 (1) (c), September 19, 2005).

Eleven states have collective bargaining that is accessible and open  to
the  public.  Some  have  opened  up  the  process in its entirely, some
partially, some in person,  and  some  through  session  minutes.  Other
states  such  as  Washington,  Michigan  and Wisconsin are exploring the
possibility. It is time for New York, a  state  that  prides  itself  on
government  access  and transparency, to open up school district collec-
tive bargaining to the taxpayers who fund the contracts.  Civil  Service
Law,  Article 14, Section 201 sets forth definitions of key terms in the
legislation.

PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS: The fiscal implications will be  minimal  to  none,
since  school  districts  and municipalities have operating websites and
established public outreach systems.

EFFECTIVE DATE: This act shall take effect immediately.