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

                                  4872

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law,  in  relation  to  resolution  of
  disputes  between a public employer and Suffolk county probation offi-
  cers

  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.
                                                           LBD06729-03-9
              

S. 4872                             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 in regard to members of the collective negotiating unit designated as
the  agency law enforcement services unit who are police officers pursu-
ant 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 OR SUFFOLK COUNTY PROBATION OFFI-
CERS, as provided in subdivision four of this section.
  S 2. Subdivision 2 of section 209 of the civil service law, as amended
by section 2 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, except the city of New York, town, village or
fire or police district, or in regard to organized units of deputy sher-
iffs 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 OR SUFFOLK COUNTY PROBATION OFFI-
CERS, as provided in subdivision four of this section.
  S  3.  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-

S. 4872                             3

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  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  OR  SUFFOLK  COUNTY
PROBATION OFFICERS, the board shall render assistance as follows:
  S  4. Subdivision 4 of section 209 of the civil service law is amended
by adding a new paragraph (j) to read as follows:
  (J) WITH REGARD TO SUFFOLK COUNTY PROBATION OFFICERS,  THE  PROVISIONS
OF  THIS  SECTION  SHALL  NOT  APPLY  TO ISSUES RELATING TO DISCIPLINARY
PROCEDURES AND INVESTIGATIONS OR ELIGIBILITY AND ASSIGNMENT  TO  DETAILS
AND POSITIONS, WHICH SHALL BE GOVERNED BY OTHER PROVISIONS PRESCRIBED BY
LAW.
  S  5.  This act shall take effect immediately, provided, however, that
the amendments to subdivision 2 of section 209 of the civil service  law
made  by  section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 3 of  chapter  485  of
the  laws  of  1990,  as  amended, when upon such date the provisions of
section two of this act shall take effect; and provided further that the
amendments to subdivision 4 of section 209 of  the  civil  service  law,
made  by sections three and four of this act, shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.