| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jul 02, 2010 | signed chap.150 delivered to governor |
| Jun 28, 2010 | returned to senate passed assembly ordered to third reading rules cal.406 substituted for a11497 |
| Jun 25, 2010 | referred to ways and means delivered to assembly passed senate ordered to third reading cal.1253 |
| Jun 21, 2010 | reported and committed to rules |
| Jun 17, 2010 | referred to finance |
senate Bill S8245
Signed By Governor2009-2010 Legislative Session
Relates to compensation, benefits and other terms of conditions of employment; repealer; appropriation
Sponsored By
Darrel J. Aubertine
(D, IP) 0 Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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Jun 25, 2010 - floor Vote
S8245600floor60Aye0Nay0Absent2Excused0Abstained-
show floor vote details
Floor Vote: Jun 25, 2010
aye (60)- Adams
- Addabbo
- Alesi
- Aubertine
- Bonacic
- Breslin
- DeFrancisco
- Diaz
- Dilan
- Duane
- Espada
- Farley
- Flanagan
- Foley
- Fuschillo
- Golden
- Griffo
- Hannon
- Hassell-Thompson
- Huntley
- Johnson
- Johnson
- Klein
- Krueger
- Kruger
- Lanza
- LaValle
- Leibell
- Libous
- Little
- Marcellino
- Maziarz
- McDonald
- Montgomery
- Nozzolio
- Onorato
- Oppenheimer
- Padavan
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Robach
- Saland
- Sampson
- Savino
- Schneiderman
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stachowski
- Stavisky
- Stewart-Cousins
- Thompson
- Valesky
- Volker
- Winner
- Young
Jun 25, 2010 - Rules committee Vote
S8245210committee21Aye0Nay0Aye with Reservations1Absent1Excused0AbstainedJun 21, 2010 - Finance committee Vote
S8245310committee31Aye0Nay2Aye with Reservations0Absent0Excused0Abstained-
show Finance committee vote details
Finance Committee Vote: Jun 21, 2010
aye (31)aye wr (2)
-
show floor vote details
Co-Sponsors
Diane J. Savino
(D, IP) 0 Senate District
William T. Stachowski
(D) 0 Senate District
S8245 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11497
- Law Section:
- Civil Service Law
- Laws Affected:
- Rpld & add §130 sub 1 ¶f, Civ Serv L
S8245 (ACTIVE) - Summary
Relates to compensation, benefits and other terms of conditions of employment of certain state officers and employees of the security services collective bargaining unit and who are not eligible for binding interest arbitration; authorizes funding of joint labor management committees; implements an agreement between the state and employee organization representing certain members of security services collective negotiating unit.
S8245 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8245 TITLE OF BILL: An act to amend the civil service law, in relation to compensation, benefits and other terms of conditions of employment of certain state officers and employees who are members of the security services collective negotiating unit and who are not eligible for binding interest arbitration pursuant to subdivision 4 of section 209 of the civil service law; to authorize funding of joint labor-management committees; to implement an agreement between the state and the employee organization representing certain members of the security services collective negotiating unit; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain provisions thereof PURPOSE:
This bill would implement the terms of a collectively negotiated
agreement (the "Agreement") between the State of New York ("State")
and the New York State Correctional Officers and Police Benevolent
Association, Inc. ("NYSCOPBA"), the employee organization that
represents members of the collective negotiating unit designated as
the Security Services Unit (the "Unit") who are ineligible for
binding interest arbitration; and implement the terms of an amendment
to the summary of award issued on April 30, 2009, with respect to
pre-shift briefing compensation for members of the Unit employed
within the State Department of Correctional Services ("DOCS") and
designated as peace officers pursuant to Criminal Procedure Law
("CPL") § 2.10.
SUMMARY OF PROVISIONS:
Section 1 of the bill would repeal the current Civil Service Law
("CSL") § 130(1)(f) and replace it with a new CSL § 130(1)(f) to
establish new salary schedules for members of the Unit who are
ineligible for binding interest arbitration pursuant to CSL § 209(4)
("arbitration-ineligible members").
Section 2(1) of the bill would set forth the applicability of the
provisions of section 2 to arbitration-ineligible members of the Unit
who are full-time annual salaried officers and employees.
Sections 2(2) and 2(3) of the bill would provide for a 3% increase in
the basic annual salary of arbitration-ineligible members of the
Unit, effective April 1, 2007 and April 1, 2008, respectively.
Section 2(4) of the bill would provide performance advancement
payments to arbitration-ineligible members of the Unit, within their
salary grades, pursuant to CSL § 131(6) and the Agreement.
Section 2(5) of the bill would fix the 1O-year, 15-year, 20-year, and
25-year longevity step payments for arbitration-ineligible members of
the Unit in accordance with the amounts prescribed by CSL § 130(1)(f),
as added by section 1 of this bill and the Agreement.
Section 2(6) of the bill would provide that where the salary of an
arbitration-ineligible member of the Unit is identical to the hiring
rate, performance advance steps 1, 2,3, 4 or 5, the job rate, or the
10-year, 15-year, 20-year or 25-year longevity step as of March 31,
2007 or March 31, 2008, such member's basic annual salary would be
increased to the corresponding hiring rate, performance advance step,
job rate or longevity step as of April 1 of the same year.
Section 2(7) of the bill would provide that unencumbered or newly
created positions within the Unit would be treated the same as
encumbered and currently existing positions, and that the Director of
the Budget may reduce the salary of any such position which is or
becomes vacant.
Section 2(8) of the bill would provide that the salary increases
payable pursuant to section 2 of the bill would apply on a prorated
basis to arbitration-ineligible members of the Unit who are paid on
an hourly or per diem basis, who are serving on a part-time or
seasonal basis and who are paid on any basis other than at an annual
salaried rate; except that the provisions of section 2(7) of the bill
would not apply to employees serving on a seasonal basis, except as
determined by the Director of the Budget.
Section 2(9) of the bill would provide that the increases payable
pursuant to section 2 of the bill would not apply to members of the
Unit who are paid on a fee schedule basis.
Section 2(10) of the bill would authorize the Director of the Budget
to apply the appropriate increases provided for in section 2 of the
bill to arbitration-ineligible members of the Unit who are in
positions that are not allocated to salary grades.
Section 2(11) of the bill would provide that any increase in
compensation may be withheld in whole or in part from
arbitration-ineligible members of the Unit to whom section 2 of the
bill applies where, in the opinion of the Director of the Budget and
the Director of Employee Relations, such increase is not warranted or
is not appropriate.
Section 3(1) of the bill would provide additional compensation to
arbitration-ineligible members of the Unit who are in full time annual
salaried employment status in recognition of the requirement that
such employees assemble for briefing prior to the commencement of
duties. Each such employee (except one who receives additional
compensation pursuant to CSL § 134(5)) would receive additional
compensation for pre-shift briefing in accordance with the terms of
the Agreement, which would be paid in addition to such employee's
basic annual salary.
Section 3(2) of the bill would provide additional compensation to
members of the Unit who are employed within DOCS and who are
designated as peace officers pursuant to CPL § 2.10, in recognition
of the requirement that such employees assemble for briefing prior to
the commencement of duties, in accordance with a determination by an
arbitration panel. Each such employee (except one who receives
additional compensation pursuant to CSL § 134(5)) would receive a
minimum of $4.80 per day; effective April 1, 2010, such amount would
be increased to $8 per day. Each such employee would be guaranteed a
minimum of $24 per week in addition to base pay; effective April 1,
2010, such amount would increase to a minimum of $40 per week in
addition to base pay.
Section 4 of the bill would authorize and continue certain payments
in lieu of overtime compensation where the Director of the Budget has
determined an employee otherwise ineligible to receive overtime
compensation may receive overtime compensation.
Section 5 of the bill would provide an annual 3% increase in the
uniform allowance for arbitration-ineligible members of the Unit,
which would increase to $642 effective December 1, 2007 and to $661
effective December 1, 2008, payable on December 1 of each year.
Section 6 of the bill would continue and provide a 3% increase in the
location pay benefit for arbitration-ineligible members of the Unit
whose official work station is located in New York City, Nassau
County, Suffolk County, Westchester County, or Rockland County to
$1,500 on April 1, 2007 and to $1,545 on April 1, 2008. Location pay
for eligible members whose official work station is located in Orange
County, Putnam County, Dutchess County would increase by 3% to $800
on April 1, 2007 and to $824 on April 1, 2008. Eligible members in
Monroe County would continue to receive $203 per year.
Section 7 of the bill would continue locational compensation for
certain employees of the Hudson Valley Developmental Disabilities
Services Office who currently receive locational pay in accordance
with specified provisions of law.
Section 8 of the bill would continue and provide a 3% annual
increase in the annual facility security pay for
arbitration-ineligible members of the Unit, which would increase to
$515 effective April 1, 2007, and $530 effective April 1, 2008.
Section 9 of the bill would continue and provide a 3% annual increase
in the security enforcement differential for the
arbitration-ineligible members of the Unit, which would increase to
$643 effective April 1, 2007 and $662 effective April 1, 2008.
Section 10 of the bill would continue the inconvenience pay program
for arbitraion-ineligible members of the Unit who work shifts
between the hours of 6:00 p.m. and 6:00 a.m. (except on an overtime
basis) and increase the annual inconvenience pay provided to such
employees by 3% to $567 per year effective April 1, 2007, and $584
per year effective April 1, 2008.
Section 11 of the bill would require the State, to the extent provided
in the Agreement, to contribute designated amounts to the accounts of
eligible employees who are enrolled for dependent care deductions
pursuant to State Finance Law § 201-a(7).
Section 12 of the bill would continue for the period April 1, 2007,
through March 31, 2009, the state-wide joint labor-management
committee, which would be administered pursuant to the Agreement, to
study and make recommendations concerning major issues of employee
assistance, performance evaluation, training, and review of quality
of work life efforts.
Section 13 of the bill would make the appropriations contained in the
bill available for the payment and publication of grievance and
arbitration settlements and awards.
Section 14 of the bill would condition the salary increases and
benefit modifications provided in this bill on the existence of a
fully executed and ratified Agreement providing for such increases
and modifications.
Section 15 of the bill would establish the date upon which
arbitration-ineligible members of the Unit would receive the salary
or compensation increases provided by this bill.
Section 16 of the bill would provide a lump-sum payment to incumbent
arbitration-ineligible members of the Unit to cover the difference
between the salary such members would receive subsequent to the
enactment of this bill and the salary that such Unit members actually
received prior to enactment of this bill.
Section 17 of the bill would authorize the Comptroller to pay any
amounts required by the provisions of this bill during the fiscal
year commencing April 1, 2010.
Section 18 of the bill would appropriate monies to pay for personal
service, other than personal service and fringe benefits, and to
carry out the provisions of this bill.
Section 19 of the bill would make it effective immediately and would
deem it to have been in full force and effect on and after April 1,
2007.
EXISTING LAW:
Chapter 688 of the Laws of 2007 implements the terms and conditions of
employment for arbitration-ineligible members of the Unit set forth
in the collective
bargaining agreement between the State and NYSCOPBA for the period of
April 1, 2003 through March 31, 2007.
Chapter 113 of the Laws of 2006 implements the terms and conditions
of employment for members of the Unit who are eligible for binding
arbitration, for the period of April 1, 2003 through March 31, 2007.
Chapter 214 of the Laws of 2009 implements the terms and conditions
of employment for members of the Unit who are eligible for binding
arbitration, for the period of April 1, 2007 through March 31, 2009.
CSL § 130(1) sets forth the current salary schedules and longevity
schedules for arbitration-ineligible members of the Unit.
CSL § 131(6) sets forth the performance advancement payment.
CSL § 134(5) establishes additional compensation for employees in any
positions ineligible for overtime who are required to work beyond a
normal work week.
STATEMENT IN SUPPORT:
This bill would implement the terms of the Agreement covering the
arbitration-ineligible members of the Unit represented by NYSCOPBA.
Those covered by the Agreement include employees in the titles of
Safety and Security Officer, Security Services Assistant, and
Security Hospital Treatment Assistant ("SHTA"). Safety and Security
Officers and Security Services Assistants guard, patrol and inspect
various public facilities and perform other security-related duties.
SHTAs implement treatment goals through therapeutic interaction with
patients and provide safety and security for the dangerous mentally
ill, and perform other tasks related to such individuals.
The prior agreement covering these employees expired on March 31,
2007. On December 18, 2009, the State entered into the Agreement with
NYSCOPBA, who represents these employees. The Agreement was ratified
on January 11, 2010. It covers the period between April 1, 2007 and
March 31, 2009. Among other provisions, the Agreement provides for
salary increases of 3% on April 1, 2007 and 3% on April 1, 2008, which
will be paid retroactively in a lump sum to the represented
individuals.
Under Article 14 of the CSL, the Agreement is binding on all parties to
it. This bill incorporates the terms of the Agreement relating to
compensation, and it appropriates funds necessary to pay for the
Agreement, in accordance with the State's obligations.
This bill would also implement the terms of an amendment to the
summary of award issued on April 30, 2009, with respect to pre-shift
briefing compensation for members of the Unit who are employed within
the DOCS and designated as peace officers pursuant to CPL § 2.1O.
BUDGET IMPLICATIONS:
This bill would provide All Funds appropriations totaling
approximately $41.42 million (General Fund of approximately $9.50
million) to pay for the cost of the Agreement, which covers the
period of April 1, 2007 through March 31, 2009, through March 31,
2010, and carry out the provisions of this bill. The 2010-11 financial
plan accommodates the costs associated with this bill.
EFFECTIVE DATE:
Immediately.
S8245 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8245
I N S E N A T E
June 17, 2010
___________
Introduced by Sens. AUBERTINE, SAVINO, STACHOWSKI -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance
AN ACT to amend the civil service law, in relation to compensation,
benefits and other terms of conditions of employment of certain state
officers and employees who are members of the security services
collective negotiating unit and who are not eligible for binding
interest arbitration pursuant to subdivision 4 of section 209 of the
civil service law; to authorize funding of joint labor-management
committees; to implement an agreement between the state and the
employee organization representing certain members of the security
services collective negotiating unit; to repeal certain provisions of
the civil service law relating thereto; and making an appropriation
for the purpose of effectuating certain provisions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph f of subdivision 1 of section 130 of the civil
service law is REPEALED and a new paragraph f is added to read as
follows:
F. EFFECTIVE ON THE DATES INDICATED, SALARY GRADES FOR THE POSITIONS
IN THE COMPETITIVE, NON-COMPETITIVE AND LABOR CLASSES OF THE CLASSIFIED
SERVICE OF THE STATE OF NEW YORK IN THE COLLECTIVE NEGOTIATING UNIT
DESIGNATED AS SECURITY SERVICES COLLECTIVE NEGOTIATING UNIT ESTABLISHED
PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER WHO ARE NOT ELIGIBLE FOR
BINDING INTEREST ARBITRATION PURSUANT TO SUBDIVISION FOUR OF SECTION TWO
HUNDRED NINE OF THIS CHAPTER, SHALL BE AS FOLLOWS:
(1) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVEN:
NYSCOPBA-SSU SALARY SCHEDULE
NON-ARBITRATION ELIGIBLE ONLY
EFFECTIVE MARCH 29, 2007 (INSTITUTIONAL) AND
EFFECTIVE APRIL 5, 2007 (ADMINISTRATIVE)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12276-03-0
S. 8245 2
PERF. PERF. PERF. PERF. PERF.
AD- AD- AD- AD- AD-
HIR- VANCE VANCE VANCE VANCE VANCE
ING STEP STEP STEP STEP STEP JOB PERF.
SG RATE 1 2 3 4 5 RATE ADV.
1 20176 21031 21886 22741 23596 24451 25306 855
2 20919 21820 22721 23622 24523 25424 26325 901
3 21960 22900 23840 24780 25720 26660 27600 940
4 22957 23947 24937 25927 26917 27907 28897 990
5 24055 25095 26135 27175 28215 29255 30295 1040
6 25326 26422 27518 28614 29710 30806 31902 1096
7 26773 27913 29053 30193 31333 32473 33613 1140
8 28294 29477 30660 31843 33026 34209 35392 1183
9 29886 31122 32358 33594 34830 36066 37302 1236
10 31596 32895 34194 35493 36792 38091 39390 1299
11 33477 34828 36179 37530 38881 40232 41583 1351
12 35352 36763 38174 39585 40996 42407 43818 1411
13 37476 38949 40422 41895 43368 44841 46314 1473
14 39643 41188 42733 44278 45823 47368 48913 1545
15 41936 43543 45150 46757 48364 49971 51578 1607
16 44315 45995 47675 49355 51035 52715 54395 1680
17 46817 48586 50355 52124 53893 55662 57431 1769
18 49490 51347 53204 55061 56918 58775 60632 1857
19 52201 54140 56079 58018 59957 61896 63835 1939
20 54891 56917 58943 60969 62995 65021 67047 2026
21 57855 59968 62081 64194 66307 68420 70533 2113
22 60955 63193 65431 67669 69907 72145 74383 2238
23 64264 66566 68868 71170 73472 75774 78076 2302
24 67750 70139 72528 74917 77306 79695 82084 2389
25 71540 74030 76520 79010 81500 83990 86480 2490
LONG
MAX.
10 YR. 15 YR. 20 YR. 25 YR.
LONG LONG LONG LONG
SG STEP STEP STEP STEP
1 26851 28210 30664 32023
2 27959 29396 31918 33356
3 29304 30804 33378 34879
4 30810 32264 34909 36363
5 32180 33837 36552 38210
6 33887 35637 38428 40178
7 35677 37494 40345 42162
8 37537 39425 42337 44225
9 39544 41517 44506 46478
10 41738 43807 46875 48943
11 44029 46182 49326 51478
12 46378 48630 51859 54112
13 48980 51326 54637 56984
14 51706 54165 57572 60031
15 54487 57047 60545 63106
16 57436 60112 63707 66383
17 60632 63447 67166 69981
18 63996 66958 70803 73766
19 67347 70438 74394 77485
20 70722 73955 78037 81270
S. 8245 3
21 74364 77735 81933 85304
22 78434 81997 86366 89929
23 82249 85923 90382 94056
24 86409 90216 94795 98602
25 90991 94961 99678 103648
(2) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHT:
NYSCOPBA-SSU SALARY SCHEDULE
NON-ARBITRATION ELIGIBLE ONLY
EFFECTIVE MARCH 27, 2008 (INSTITUTIONAL) AND
EFFECTIVE APRIL 3, 2008 (ADMINISTRATIVE)
PERF. PERF. PERF. PERF. PERF.
AD- AD- AD- AD- AD-
HIR- VANCE VANCE VANCE VANCE VANCE
ING STEP STEP STEP STEP STEP JOB PERF.
SG RATE 1 2 3 4 5 RATE ADV.
1 20781 21662 22543 23424 24305 25186 26067 881
2 21547 22475 23403 24331 25259 26187 27115 928
3 22619 23587 24555 25523 26491 27459 28427 968
4 23646 24666 25686 26706 27726 28746 29766 1020
5 24777 25848 26919 27990 29061 30132 31203 1071
6 26086 27215 28344 29473 30602 31731 32860 1129
7 27576 28750 29924 31098 32272 33446 34620 1174
8 29143 30362 31581 32800 34019 35238 36457 1219
9 30783 32056 33329 34602 35875 37148 38421 1273
10 32544 33882 35220 36558 37896 39234 40572 1338
11 34481 35873 37265 38657 40049 41441 42833 1392
12 36413 37866 39319 40772 42225 43678 45131 1453
13 38600 40117 41634 43151 44668 46185 47702 1517
14 40832 42423 44014 45605 47196 48787 50378 1591
15 43194 44849 46504 48159 49814 51469 53124 1655
16 45644 47375 49106 50837 52568 54299 56030 1731
17 48222 50044 51866 53688 55510 57332 59154 1822
18 50975 52888 54801 56714 58627 60540 62453 1913
19 53767 55764 57761 59758 61755 63752 65749 1997
20 56538 58625 60712 62799 64886 66973 69060 2087
21 59591 61767 63943 66119 68295 70471 72647 2176
22 62784 65089 67394 69699 72004 74309 76614 2305
23 66192 68563 70934 73305 75676 78047 80418 2371
24 69783 72244 74705 77166 79627 82088 84549 2461
25 73686 76251 78816 81381 83946 86511 89076 2565
LONG
MAX.
10 YR. 15 YR. 20 YR. 25 YR.
LONG LONG LONG LONG
SG STEP STEP STEP STEP
1 27658 29058 31586 32986
2 28798 30278 32876 34357
3 30182 31727 34378 35924
4 31736 33234 35958 37456
5 33145 34851 37648 39355
6 34905 36707 39582 41384
7 36746 38617 41554 43425
S. 8245 4
8 38666 40611 43610 45555
9 40730 42762 45841 47872
10 42990 45122 48282 50412
11 45352 47570 50808 53025
12 47768 50087 53413 55734
13 50448 52864 56275 58692
14 53255 55788 59297 61830
15 56120 58757 62360 64998
16 59162 61919 65621 68378
17 62451 65350 69181 72081
18 65918 68969 72929 75981
19 69366 72550 76625 79809
20 72845 76175 80380 83710
21 76593 80065 84389 87861
22 80787 84456 88956 92626
23 84716 88500 93093 96877
24 89004 92925 97641 101563
25 93722 97811 102670 106759
S 2. Compensation for certain members of the collective negotiating
unit designated as the security services collective negotiating unit
pursuant to an agreement between the state of New York and the employee
organization representing such individuals.
1. The provisions of this section shall apply to full-time annual
salaried officers and employees in the collective negotiating unit
designated as security services collective negotiating unit established
pursuant to article 14 of the civil service law (hereinafter "security
services unit") who are not eligible for binding interest arbitration
pursuant to subdivision 4 of section 209 of the civil service law (here-
inafter "employees who are ineligible for interest arbitration").
2. Effective April 1, 2007, the basic annual salary of members of the
security services unit who are ineligible for interest arbitration and
who are in full-time annual salaried employment status on March 31,
2007, shall be increased by three percent.
3. Effective April 1, 2008, the basic annual salary of members of the
security services unit who are ineligible for interest arbitration and
who are in full-time annual salaried employment status on March 31,
2008, shall be increased by three percent.
4. Advancement within a salary grade. Payments pursuant to the
provisions of subdivision 6 of section 131 of the civil service law for
members of the security services unit who are entitled to such payments
and who are ineligible for interest arbitration shall be payable pursu-
ant to the terms of an agreement between the state of New York and an
employee organization representing employees subject to the provisions
of this section entered into pursuant to article 14 of the civil service
law (hereinafter "the agreement").
5. Effective April 1, 2007, pursuant to the terms of the agreement
covering members of the security services unit who are ineligible for
interest arbitration, for such unit members who are on the institutional
or administrative payroll, the ten-year, the fifteen-year, the twenty-
year and the twenty-five year longevity step payment for such unit
members to whom the provisions of this section apply shall be that
amount prescribed by paragraph f of subdivision 1 of section 130 of the
civil service law as added by section one of this act.
6. Notwithstanding any of the foregoing provisions of this section, if
the basic annual salary of such unit members to whom the provisions of
S. 8245 5
this section apply is identical with the hiring rate, performance
advance step one, two, three, four or five, the job rate, the ten-year
longevity step, the fifteen-year longevity step, the twenty-year longev-
ity step or the twenty-five year longevity step of the salary grade of
his or her position on March 31, 2007, or March 31, 2008, respectively,
for such unit members to whom the provisions of this section apply on
the institutional or administrative payroll, such basic annual salary
shall be increased to the hiring rate, performance advance step one,
two, three, four or five, the job rate, the ten-year longevity step, the
fifteen-year longevity step, the twenty-year longevity step or the twen-
ty-five year longevity step of such salary grade as contained in subpar-
agraphs 1 and 2 of paragraph f of subdivision 1 of section 130 of the
civil service law, as added by section one of this act, to take effect
on April 1, 2007, or April 1, 2008, respectively, for such unit members
to whom the provisions of this section apply on the institutional or
administrative payroll. The increases in basic annual salary provided by
this subdivision shall be in lieu of any increase in basic annual salary
provided for in subdivisions two and three of this section.
7. If an unencumbered position is one, which if encumbered, would be
subject to the provisions of this section, the salary of such position
shall be increased by the salary increase amounts specified in this
section. If a position is created, and is filled by the appointment of
such unit members to whom the provisions of this section apply, the
salary otherwise provided for such position shall be increased in the
same manner as though such position had been in existence but unencum-
bered. Notwithstanding the provisions of this section, the director of
the division of the budget may reduce the salary of any such position,
which is or becomes vacant.
8. The increases in salary payable pursuant to this section shall
apply on a prorated basis to officers and employees, otherwise eligible
to receive an increase in salary pursuant to this section, who are paid
on an hourly or per diem basis, who are employees serving on a part-time
or seasonal basis and who are employees paid on any basis other than at
an annual salaried rate; except that the provisions of subdivision four
of this section shall not apply to employees serving on a seasonal
basis, except as determined by the director of the budget.
9. Notwithstanding any other provision of this section, the provisions
of this section shall not apply to officers or employees paid on a fee
schedule basis.
10. In order to provide for the officers and employees to whom this
section applies who are not allocated to salary grades, performance
advancements and payments in proportion to those provided to persons to
whom this section applies who are allocated to salary grades, the direc-
tor of the budget is authorized to add appropriate adjustments to the
compensation which such officers and employees are otherwise entitled to
receive. The director of the budget shall issue certificates which shall
contain schedules of positions and the salaries thereof for which
adjustments are made pursuant to the provisions of this subdivision, and
a copy of each such certificate shall be filed with the state comp-
troller, the department of civil service, the chairman of the senate
finance committee and the chairman of the assembly ways and means
committee.
11. Notwithstanding any of the foregoing provisions of this section,
any increase in compensation may be withheld in whole or in part from
any such unit members to whom the provisions of this section apply when,
in the opinion of the director of the division of the budget and the
S. 8245 6
director of employee relations, such increase is not warranted or is not
appropriate.
S 3. Additional compensation for certain members of the security
services unit.
1. Members of the security services unit who are in full-time annual
salaried employment status and who are ineligible for interest arbi-
tration.
(a) In recognition of the general requirement for full-time employees
of the state in the security services unit to assemble for briefing
prior to the commencement of duties, where and to the extent an agree-
ment so provides, each such employee except such an employee receiving
additional compensation pursuant to subdivision 5 of section 134 of the
civil service law, shall receive additional compensation in recognition
of pre-shift briefing.
(b) Each such employee holding such a position in the security
services unit shall be compensated for pre-shift briefing in accordance
with the terms of the agreement covering certain members of the security
services unit. No payments authorized pursuant to this subdivision and
such negotiated agreement shall be made to an employee who is in non-pay
status for that day.
(c) Any such additional compensation pursuant to this subdivision
shall be paid in addition to and shall not be a part of the employee's
basic annual salary and shall not be included as compensation for the
purposes of computation of overtime pay, provided, however, that such
additional compensation shall be included for retirement purposes.
Notwithstanding the foregoing provisions of this subdivision or of any
other law, such additional compensation shall be in lieu of the contin-
uation of any other additional compensation for such employees in recog-
nition of pre-shift briefing.
2. Members of the security services unit who are employed within the
state department of correctional services and who are designated as
peace officers pursuant to section 2.10 of the criminal procedure law.
(a) In recognition of the general requirement for these unit members
to assemble for briefing prior to the commencement of duties, where and
to the extent a determination made by the public arbitration panel so
provides on behalf of such unit members to whom the provisions of this
subdivision apply on behalf of each such employee except such employee
receiving additional compensation pursuant to subdivision 5 of section
134 of the civil service law, such members shall continue to receive
additional compensation in recognition of pre-shift briefing.
(b) Each such unit member to whom the provisions of this subdivision
apply, shall receive a minimum of four dollars eighty cents for each day
while in payroll status when such pre-shift briefing time is not other-
wise compensated at a greater amount at the one and one-half times the
hourly rate of pay provided for by subdivision 1 of section 134 of the
civil service law and the rules and regulations of the director of the
budget. Effective April 1, 2010, this amount shall be increased to eight
dollars for each day while in payroll status. Each such unit member to
whom the provisions of this subdivision apply, subject to the provisions
of this subdivision, shall be guaranteed a minimum of twenty-four
dollars per week in addition to base pay. Effective April 1, 2010, this
amount shall be increased to a minimum of forty dollars per week in
addition to base pay. No payments authorized pursuant to this subdivi-
sion, shall be made to an employee who is in non-pay status for that
day.
S. 8245 7
(c) Any such additional compensation pursuant to this subdivision,
shall be paid in addition to and shall not be a part of such employee's
basic annual salary and shall not be included as compensation for the
purposes of computation of overtime pay, provided, however, that such
additional compensation shall be included for retirement purposes.
Notwithstanding the foregoing provisions of this subdivision or of any
other law, such additional compensation as added by this subdivision
shall be in lieu of the continuation of any other additional compen-
sation for such unit members in recognition of pre-shift briefing.
S 4. Notwithstanding any law, rule or regulation to the contrary, any
employees of the state in the security services unit who are eligible
for additional compensation pursuant to subdivision 5 of section 134 of
the civil service law shall be deemed ineligible for such additional
compensation to the extent, in the manner and under the circumstances
provided for in a negotiated agreement on behalf of such employees.
S 5. Uniform cleaning and maintenance and purchase of uniform shoes.
In recognition of the general requirement for employees of the state in
the security services unit to wear a uniform and to the extent that an
agreement so provides, each employee who is ineligible for interest
arbitration and on the payroll on the first day of November preceding
the annual effective date shall receive an increase in allowance for
cleaning and maintenance by three percent to the rate of six hundred
forty-two dollars per year effective December 1, 2007. This amount shall
increase by three percent to six hundred sixty-one dollars per year
effective December 1, 2008. Such allowance shall be payable by separate
check on or about December 1 of each year. Retroactive payments shall
be payable as soon as practicable for the retroactive provisions of this
section. Any amounts due to eligible members of this unit shall be
offset by payments already received as uniform allowance in each year
and the remainder shall be calculated as part of a retroactive payment.
S 6. Location compensation for certain state officers and employees in
the collective negotiating unit designated as security services.
1. Pursuant to the terms of an agreement covering certain members of
the security services unit who are ineligible for interest arbitration,
and notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, all members of the security services unit who
are ineligible for interest arbitration, and are full-time annual sala-
ried employees and whose principal place of employment or, in the case
of a field employee, whose official station as determined in accordance
with the regulations of the state comptroller, is in the city of New
York or in the county of Nassau, Suffolk, Westchester or Rockland, shall
receive, effective April 1, 2007 an increase in locational compensation
in the amount of three percent to one thousand five hundred dollars per
year, for employees in full-time annual salaried employment status on
March 31, 2007, and such eligible employees shall receive, effective
April 1, 2008 an increase in locational compensation in the amount of
three percent to one thousand five hundred forty-five dollars per year,
for employees in full-time annual salaried employment status on March
31, 2008.
2. Pursuant to the terms of an agreement covering certain members of
the security services unit who are ineligible for interest arbitration,
and notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, effective April 1, 2007, all such members of the
security services unit who are full-time annual salaried employees and
whose principal place of employment or, in the case of a field employee,
whose official station as determined in accordance with the regulations
S. 8245 8
of the comptroller is located in the county of Monroe and who were
eligible to receive locational pay on May 23, 1985 shall receive loca-
tional pay at the rate of two hundred three dollars per year provided
they continue to be otherwise eligible.
3. Pursuant to the terms of an agreement covering certain members of
the security services unit who are ineligible for interest arbitration,
and notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, all such members of the security services unit
who are full-time annual salaried employees and whose principal place of
employment or, in the case of a field employee, whose official station
as determined in accordance with the regulations of the state comp-
troller, is in the county of Orange, Putnam or Dutchess shall receive an
increase in locational compensation by three percent to the amount of
eight hundred dollars per year effective April 1, 2007, for employees in
full-time annual salaried employment status on March 31, 2007, and an
increase of three percent to eight hundred twenty-four dollars per year
effective April 1, 2008, for employees in full-time annual salaried
employment status on March 31, 2008.
4. The locational compensation as set out in all subdivisions of this
section shall be equally divided over the 26 payroll periods in each
fiscal year and be in addition to and shall not be a part of an employ-
ee's basic annual salary, and shall not affect or impair any performance
advance or other rights or benefits to which an employee may be entitled
by law, provided, however, that locational pay shall be included as
compensation for the purposes of computation of overtime pay and for
retirement purposes. Retroactive payments shall be payable as soon as
practicable for the retroactive provisions of this section. Any amounts
due to eligible members of this unit shall be offset by payments already
received as locational compensation in each year, if any, and the
remainder shall be calculated as part of a retroactive payment.
S 7. Continuation of locational compensation for certain officers and
employees of the Hudson Valley developmental disabilities services
office.
1. Notwithstanding any law, rule or regulation to the contrary, any
officer or employee of the Hudson Valley developmental disabilities
services office represented in the security services unit, who is
receiving locational pay pursuant to section 5 of chapter 174 of the
laws of 1993 shall continue to receive such locational pay under the
conditions and at the rates specified by such section 5 of chapter 174
of the laws of 1993.
2. Notwithstanding any law, rule or regulation to the contrary, any
officer or employee of the Hudson Valley developmental disabilities
services office represented in the security services unit who is receiv-
ing locational pay pursuant to subdivision 2 of section 11 of chapter 3
of the laws of 1996 shall continue to receive such locational pay under
the conditions and at the rates specified by such subdivision 2 of
section 11 of chapter 3 of the laws of 1996.
3. Notwithstanding this section or any other law, rule or regulation
to the contrary, any officer or employee of the Hudson Valley develop-
mental disabilities services office represented in the security services
unit who is receiving locational pay pursuant to said section seven of
this act shall continue to be eligible for such locational pay if such
officer's or employee's principal place of employment is changed to a
location outside of the county of Rockland as the result of a reduction
or redeployment of staff, provided, however, that such officer or
employee is reassigned to or otherwise appointed or promoted to a
S. 8245 9
different position at another work location within such Hudson Valley
developmental disabilities services office located outside of the county
of Rockland. The rate of such continued locational pay shall not exceed
the rate such officer or employee is receiving on the date of such reas-
signment, appointment or promotion.
S 8. Facility security pay. Pursuant to the terms of an agreement
covering certain members of the security services unit who are ineligi-
ble for interest arbitration, are full-time annual salaried employees
and, notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, where and to the extent that an agreement so
provides, effective April 1, 2007, such eligible members of the security
services unit shall receive an increase of three percent to five hundred
fifteen dollars annually, and effective April 1, 2008, such eligible
members of the security services unit shall receive an increase of three
percent to five hundred thirty dollars annually, in recognition of their
security responsibilities. This payment will be equally divided over the
26 payroll periods in each fiscal year and shall count as compensation
for overtime and retirement purposes. Any amounts due to eligible
members of this unit shall be offset by payments already received as
facility security pay in each year and the remainder shall be calculated
as part of a retroactive payment. Retroactive payments shall be payable
as soon as practicable for the retroactive provisions of this section.
S 9. Security enforcement differential. Pursuant to the terms of an
agreement covering certain members of the security services unit who are
ineligible for interest arbitration, are full-time annual salaried
employees and, notwithstanding any inconsistent provision of law, rule
or regulation to the contrary, where and to the extent that an agreement
so provides, such eligible members of the security services unit shall
receive a security enforcement differential to be paid in recognition of
the enhanced security and law enforcement responsibilities inherent in
the positions covered by such bargaining unit. Effective April 1, 2007,
such payment shall increase by three percent for eligible unit members
to six hundred forty-three dollars and, effective April 1, 2008, such
payment to shall increase by three percent to eligible unit members to
six hundred sixty-two dollars. This payment will be equally divided over
the 26 payroll periods in each fiscal year and shall count as compen-
sation for overtime and retirement purposes. Retroactive payments shall
be payable as soon as practicable for the retroactive provisions of this
section. Any amounts due to eligible members of this unit shall be
offset by payments already received as security enforcement differential
in each year and the remainder shall be calculated as part of a retroac-
tive payment.
S 10. Inconvenience pay program. Pursuant to chapter 333 of the laws
of 1969, as amended, and an agreement covering certain members of the
security services unit who are ineligible for interest arbitration, are
full-time annual salaried employees and, notwithstanding any inconsist-
ent provision of law, rule or regulation to the contrary, where and to
the extent that an agreement so provides, effective April 1, 2007, the
inconvenience pay provided to eligible employees shall be increased by
three percent to five hundred sixty-seven dollars per year for working
four or more hours between the hours of 6:00 p.m. and 6:00 a.m., except
on an overtime basis; effective April 1, 2008, the inconvenience pay
provided to eligible employees shall be increased by three percent to
five hundred eighty-four dollars per year for working four or more hours
between the hours of 6:00 p.m. and 6:00 a.m, except on an overtime
basis. Retroactive payments shall be payable as soon as practicable for
S. 8245 10
the retroactive provisions of this section. Any amounts due to eligible
members of this unit shall be offset by payments already received as
inconvenience pay in each year and the remainder shall be calculated as
part of a retroactive payment.
S 11. Notwithstanding any other provision of law, rule or regulation
to the contrary, where and to the extent that an agreement so provides
on behalf of employees in the security services unit pursuant to article
14 of the civil service law, the state shall contribute an amount desig-
nated in such agreement and for the period covered by such agreement to
the accounts of such employees enrolled for dependent care deductions
pursuant to subdivision 7 of section 201-a of the state finance law.
Such amounts shall be from funds appropriated in this act and shall not
be part of basic annual salary for overtime and retirement purposes.
S 12. During the period April 1, 2007 through March 31, 2009, there
shall be a statewide joint labor-management committee continued and
administered pursuant to the terms of an agreement covering employees in
the security services unit which shall, after March 31, 2007, within the
amounts available therefor, study and make recommendations concerning
major issues of employee assistance, performance evaluation, training,
review of quality of work life efforts, and provide for the implementa-
tion of the terms of agreements of such committee.
S 13. Notwithstanding any provision of law, rule or regulation to the
contrary, the appropriations contained in this act shall be available to
the state of New York for the payment and publication of grievance and
arbitration settlements and awards pursuant to articles 7 and 8 of the
agreement covering employees in the security services unit.
S 14. The salary increases and benefit modifications provided for by
this act for state employees in the security services unit shall not be
implemented until the director of employee relations shall have deliv-
ered to the director of the budget and the comptroller a letter indicat-
ing that there is in effect with respect to such negotiating unit a
collective negotiation agreement which provides for such increases and
modifications and which is fully executed in writing with the state
pursuant to article 14 of the civil service law, and ratified pursuant
to the ratification procedure of the employee organization certified
pursuant to article 14 of the civil service law to represent such
collective negotiating unit.
S 15. Date of entitlement to salary increase. Notwithstanding the
provisions of this act or of any other provision of law, rule or regu-
lation to the contrary, the increase in salary or compensation of any
members of the security services unit who are ineligible for interest
arbitration provided by this act shall be added to the salary of such
member at the beginning of that payroll period the first day of which is
nearest to the effective date of such increase as provided in this act,
or at the beginning of the earlier of two payroll periods the first days
of which are nearest but equally near to the effective date of such
increase as provided in this act; provided, however, that for the
purposes of determining the salary of such unit members upon reclassi-
fication, reallocation, appointment, promotion, transfer, demotion,
reinstatement, or other change of status, such salary increase shall be
deemed to be effective on the date thereof as prescribed by this act,
with payment thereof pursuant to this section on a date prior thereto,
instead of on such effective date, and shall not operate to confer any
additional salary rights or benefits on such unit members. Payment of
such salary increase may be deferred pursuant to section sixteen of this
act.
S. 8245 11
S 16. Deferred payment of salary increase. Notwithstanding the
provisions of any other section of this act, or of any other law, rule
or regulation, pending payment pursuant to this act of the basic annual
salaries of incumbents of positions subject to this act such incumbents
shall receive, as partial compensation for services rendered, the rate
of compensation otherwise payable in their respective positions. An
incumbent holding a position subject to this act at any time during the
period from April 1, 2007, until the time when basic annual salaries are
first paid pursuant to this act for such services in excess of the
compensation actually received therefore, shall be entitled to a lump
sum payment for the difference between the salary to which such incum-
bent is entitled for such services and the compensation actually
received therefor. Such lump sum payment shall be made as soon as prac-
ticable. Notwithstanding any provision of law, rule or regulation to the
contrary, no member of the security services unit to whom the provisions
of this act apply shall be entitled to, or owed, any interest or other
penalty for any reason on any monies due to such member pursuant to the
terms of this act and the terms of the agreement covering employees in
the security services unit.
S 17. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year commencing April 1, 2010 by the
foregoing provisions of this act for any state department or agency for
personal service or for other related employee benefits during such
fiscal year. To the extent that such appropriations are insufficient to
accomplish the purposes herein set forth, the director of the division
of the budget is authorized to allocate to the various departments and
agencies, from any appropriations available, the amounts necessary to
pay such amounts. The aforementioned appropriations shall be available
for payment of any liabilities or obligations incurred prior to or
during the state fiscal year commencing April 1, 2010.
S 18. The several amounts as hereinafter set forth, or so much thereof
as may be necessary, are hereby appropriated from the fund so designated
for use by any state department or agency for the fiscal year beginning
April 1, 2010 to supplement appropriations from each respective fund
available for personal service, other than personal service and fringe
benefits, and to carry out the provisions of this act. Moreover, the
amounts appropriated as non-personal service may be suballocated to any
state department or agency as needed. The monies hereby appropriated are
available for payment of any liabilities or obligations incurred prior
to or during the state fiscal year commencing April 1, 2010. No money
shall be available for expenditure from this appropriation until a
certificate of approval has been issued by the director of the division
of the budget and a copy of such certificate or any amendment thereto
has been filed with the state comptroller, the chairman of the senate
finance committee and the chairman of the assembly ways and means
committee.
ALL STATE DEPARTMENTS AND AGENCIES
General Fund / State Operations
State Purposes Account - 003
Personal Service
Personal service ............................... 7,307,000
S. 8245 12
Nonpersonal Service
Fringe benefits ................................ 2,196,000
Legal defense fund ............................... 150,000
Special Revenue Funds - State
Miscellaneous Special Revenue Fund - 339
Personal Service
Personal Service .............................. 20,126,000
Nonpersonal Service
Fringe Benefits ................................ 9,942,000
Environmental Conservation Special Revenue Fund - 301
Personal Service
Personal Service ................................. 180,000
Nonpersonal Service
Fringe Benefits ................................... 89,000
Lake George Park Trust Fund - 349
Personal Service
Personal Service .................................. 23,000
Nonpersonal Service
Fringe Benefits ................................... 11,000
State University Income Fund - 345
Personal Service
Personal Service ................................. 798,000
Nonpersonal Service
Fringe Benefits .................................. 394,000
Special Revenue Funds - Federal
Federal Education Fund - 267
Personal Service
Personal Service .................................. 26,000
S. 8245 13
Nonpersonal Service
Fringe Benefits ................................... 13,000
Federal Unemployment Insurance Administration Fund - 480
Personal Service
Personal Service ................................. 211,000
Nonpersonal Service
Fringe Benefits .................................. 104,000
S 22. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2007.
REPEAL NOTE. Paragraph f of subdivision 1 of section 130 of the civil
service law, repealed by section one of this act, provided salary sched-
ules for state employees in the particular titles in the security
services unit employees who are ineligible for interest arbitration and
is replaced and revised by salary schedules in a new paragraph f of
subdivision 1 of section 130 of the civil service law, as added by
section one of this act implementing an agreement between the state and
the employee organization representing such unit for employees in the
security services unit who are ineligible for interest arbitration. The
salary schedules for the remaining employees in the security services
unit are contained in paragraph g of subdivision 1 of section 130 of the
civil service law.
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