Assembly Bill A9989

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

                                  9989

                          I N  A S S E M B L Y

                             April 30, 2012
                               ___________

Introduced  by  M.  of  A.  J. MILLER  --  read once and referred to the
  Committee on Local Governments

AN ACT to amend the general municipal law, in relation  to  requiring  a
  mandatory referendum on local union contracts; and to amend the educa-
  tion  law,  in  relation  to  local  union  contracts involving school
  districts

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

  Section  1. The general municipal law is amended by adding a new arti-
cle 19-C to read as follows:
                              ARTICLE 19-C
                   REFERENDUM ON LOCAL UNION CONTRACTS
SECTION 990-L. DEFINITIONS.
        990-M. MANDATORY REFERENDUM.
        990-N. CONDUCT OF REFERENDUM.
  S 990-1. DEFINITIONS. FOR PURPOSES  OF  THIS  ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "LOCAL  UNION CONTRACT" SHALL MEAN ANY WRITTEN AGREEMENT BETWEEN A
PUBLIC EMPLOYER AND AN EMPLOYEE ORGANIZATION DETERMINING THE  TERMS  AND
CONDITIONS  OF  EMPLOYMENT  OF  PUBLIC EMPLOYEES WHICH IS SUBJECT TO THE
PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  2. THE TERM "PUBLIC EMPLOYER" MEANS (A) A COUNTY, CITY, TOWN,  VILLAGE
OR  ANY  OTHER  POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE, OR
(B) A SCHOOL DISTRICT OR ANY GOVERNMENTAL EMPLOYER  OPERATING  A  PUBLIC
SCHOOL.
  3.  THE  TERM  "EMPLOYEE  ORGANIZATION" SHALL HAVE THE SAME MEANING AS
PROVIDED IN SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
  4. THE TERM "PUBLIC EMPLOYEE" SHALL HAVE THE SAME MEANING AS  PROVIDED
IN  SECTION  TWO  HUNDRED  ONE OF THE CIVIL SERVICE LAW, EXCEPT THAT FOR
PURPOSES OF THIS ARTICLE, THE TERM "PUBLIC EMPLOYEE" SHALL NOT INCLUDE:
  (A) POLICE OFFICERS, AND
  (B) ANY EMPLOYEE OF A FIRE COMPANY IF THE MAJORITY OF SUCH FIRE COMPA-
NY'S FIREFIGHTERS ARE VOLUNTEERS AND SUCH VOLUNTEERS PROVIDE  MORE  THAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13751-08-2
              

A. 9989                             2

FIFTY  PERCENT  OF  SUCH FIRE COMPANY'S MANPOWER WHEN RESPONDING TO FIRE
ALARMS AND OTHER FIRE COMPANY CALLS.
  5.  "ENDORSED"  SHALL  MEAN  ANY  CAMPAIGN  CONTRIBUTION  AND  IN-KIND
CONTRIBUTION MADE  BY  ANY  EMPLOYEE  ORGANIZATION  IN  SUPPORT  OF  THE
CAMPAIGN  FOR  ELECTION  OF  ANY  MEMBER  OF THE GOVERNING BOARD OF SUCH
PUBLIC EMPLOYER.
  S 990-M. MANDATORY REFERENDUM. 1. A LOCAL  UNION  CONTRACT  SHALL  NOT
BECOME  EFFECTIVE  UNLESS SUCH CONTRACT HAS BEEN SUBMITTED TO THE QUALI-
FIED ELECTORS OF THE PUBLIC EMPLOYER AND RATIFIED BY SUCH ELECTORS,  FOR
THEIR  APPROVAL  OR  DISAPPROVAL  IN  ACCORDANCE  WITH THE PROVISIONS OF
SECTION NINE HUNDRED NINETY-N OF THIS ARTICLE.
  2. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY IF:
  (A) THE MEMBERS OF THE EMPLOYEE ORGANIZATION ARE  REQUIRED  TO  RATIFY
SUCH CONTRACT; AND
  (B)  (I)  IF  A MAJORITY OF THE MEMBERS OF THE GOVERNING BOARD OF SUCH
PUBLIC EMPLOYER WERE ENDORSED BY THE EMPLOYEE ORGANIZATION; OR
  (II) IF ANY MEMBER OF THE GOVERNING BOARD OF SUCH PUBLIC EMPLOYER  HAS
A  FAMILY  MEMBER  WHO IS A MEMBER OF THE EMPLOYEE ORGANIZATION AND SUCH
MEMBER OF THE GOVERNING BODY WAS IN ANY WAY INVOLVED IN THE NEGOTIATIONS
OF THE LOCAL UNION CONTRACT.
  S 990-N. CONDUCT OF REFERENDUM. 1. (A) IF SUCH PUBLIC  EMPLOYER  IS  A
COUNTY,  CITY  OR  TOWN,  A  REFERENDUM REQUIRED BY SECTION NINE HUNDRED
NINETY-M OF THIS ARTICLE ON A PROPOSED LOCAL  UNION  CONTRACT  SHALL  BE
PLACED  BEFORE  THE  QUALIFIED  ELECTORS  IN  THE  COUNTY,  CITY OR TOWN
SERVICED BY SUCH EMPLOYER AT THE NEXT GENERAL ELECTION.
  (B) IF SUCH PUBLIC EMPLOYER IS A  VILLAGE  A  REFERENDUM  REQUIRED  BY
SECTION  NINE HUNDRED NINETY-M OF THIS ARTICLE ON A PROPOSED LOCAL UNION
CONTRACT SHALL BE PLACED BEFORE THE QUALIFIED ELECTORS  IN  THE  VILLAGE
SERVICED BY SUCH EMPLOYER AT THE NEXT GENERAL VILLAGE ELECTION.
  (C)  IF  SUCH  PUBLIC  EMPLOYER  IS  A  SCHOOL  DISTRICT, A REFERENDUM
REQUIRED BY SECTION NINE HUNDRED NINETY-M OF THIS ARTICLE ON A  PROPOSED
LOCAL  UNION  CONTRACT SHALL BE PLACED BEFORE THE ELECTORS IN THE SCHOOL
DISTRICT SERVICED BY SUCH EMPLOYER AT THE NEXT REGULAR  SCHOOL  DISTRICT
ELECTION.
  2.  NOTICE  OF  THE  REFERENDUM  SHALL BE GIVEN TO THE ELECTORS OF THE
PUBLIC EMPLOYER BY PUBLICATION IN A NEWSPAPER HAVING  A  GENERAL  CIRCU-
LATION  WITHIN  THE  BOUNDARIES OF THE EMPLOYER AT LEAST ONCE A WEEK FOR
FOUR CONSECUTIVE WEEKS IMMEDIATELY PRIOR TO THE REFERENDUM.
  3. THE METHOD AND MANNER OF SUBMISSION, PREPARATION AND  PROVISION  OF
BALLOT  AND  BALLOT  LABELS,  USE  OF VOTING MACHINES, QUALIFICATIONS OF
VOTERS, CORRECTING REGISTERS, AND CONDUCTING  THE  ELECTION,  CANVASSING
THE  RESULT  AND MAKING AND FILING THE RETURNS, AND ALL OTHER PROCEDURES
WITH REFERENCE TO THE SUBMISSION OF ANY SUCH REFERENDUM, SHALL BE IN THE
SAME METHOD AND MANNER USED FOR VOTING IN THE ELECTIONS PROVIDED FOR  IN
SUBDIVISIONS  (A), (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, OR AS
CLOSE AS IS PRACTICAL, AS DETERMINED BY THE COUNTY BOARD OF ELECTIONS IF
SUCH PUBLIC EMPLOYER IS A COUNTY, CITY, TOWN OR VILLAGE, AND  AS  DETER-
MINED  BY  THE  SCHOOL  DISTRICT  IF  SUCH  PUBLIC  EMPLOYER IS A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  OR  A  VOCATIONAL
EDUCATIONAL  AND  EXTENSION  BOARD OR A SCHOOL DISTRICT AS ENUMERATED IN
SECTION ONE OF CHAPTER FIVE HUNDRED SIXTY-SIX OF THE  LAWS  OF  NINETEEN
HUNDRED SIXTY-SEVEN, AS AMENDED, PROVIDED, HOWEVER, ALL COSTS ASSOCIATED
WITH  THE  BALLOTS  TO BE USED AND ADDITIONAL POLL WORKERS NECESSARY FOR
SUCH PROPOSED CONTRACT SHALL BE BORNE BY SUCH PUBLIC EMPLOYER.
  S 2. Section 2022 of the education law is  amended  by  adding  a  new
subdivision 3-a to read as follows:

A. 9989                             3

  3-A.  MANDATORY  REFERENDUMS ON LOCAL UNION CONTRACTS INVOLVING SCHOOL
DISTRICTS, REQUIRED PURSUANT TO SECTION NINE  HUNDRED  NINETY-M  OF  THE
GENERAL  MUNICIPAL  LAW, SHALL BE SUBMITTED TO THE VOTE OF THE QUALIFIED
VOTERS OF SUCH SCHOOL DISTRICT AT THE  NEXT  SUCCEEDING  REGULAR  SCHOOL
DISTRICT ELECTION.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law; provided however that the amendments to
section 2022 of the education law made by section two of this act  shall
survive  the  expiration  and  reversion  of such section as provided in
section 13 of part A of chapter 97 of the laws of 2011, as amended.