senate Bill S6568

2011-2012 Legislative Session

Establishes a special commission on compensation for state employees designated managerial or confidential and provides for its powers and duties

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.808
Feb 28, 2012 referred to finance

Votes

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May 15, 2012 - Finance committee Vote

S6568
22
2
committee
22
Aye
2
Nay
10
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Co-Sponsors

S6568 - Bill Details

See Assembly Version of this Bill:
A9776
Current Committee:
Law Section:
Commissions

S6568 - Bill Texts

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Establishes a special commission on compensation for state employees designated managerial or confidential; provides for the powers and duties of such commission.

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BILL NUMBER:S6568

TITLE OF BILL:
An act
in relation to establishing a special commission on compensation for
state employees designated managerial or confidential, and providing for
its powers and duties

PURPOSE:
This bill would provide for a special commission on managerial or
confidential employees of New York State to examine, evaluate and
make recommendations with respect to compensation, and adjustments
and non-salary benefits of certain state employees.

SUMMARY OF PROVISIONS:
Section 1 of the bill would provide for the creation of the Commission
on Managerial or Confidential employee compensation to consist of
seven members appointed as follows: three by the Governor, one by the
Speaker of the Assembly, one by the Temporary President of the
Senate, one by the Comptroller and one by the Organization of NYS
Management Confidential Employees. The Commission would be required
to report its findings, conclusions, determinations and
recommendations within 150 days of its establishment.

Every four years the Commission would examine, evaluate and make
recommendations with respect to managerial or confidential employee
compensation.
The Commission would determine what salaries shall be and would make
recommendations to effect the changes to salaries. Such
recommendations would become effective the next fiscal year. The
recommendations of the Commission would have the force of law.

Section 2 of the bill would establish the date of the recommendations
of the Commission become effective.

Section 3 of the bill would provide that any adjustment of salaries
under this bill would be funded to the nearest hundred dollar.

Section 4 of the bill would provide for an immediate effective date.

EXISTING LAW:
Salary increases for managerial or confidential employees of the state
are contained in "pay bills" enacted by the Legislature. In 2009 and
2010 salary increases were administratively withheld.

Similar legislation to the measure proposed here has been passed
and/or enacted for the Judiciary and the State Legislature in 2008
and 2011.

JUSTIFICATION:

Salary increases, pursuant to Chapter 10 of the Laws of 2008, for
managerial or confidential employees of the state were
administratively withheld in 2009 and 2010. As a result, managerial or
confidential employee salaries have become and increasing subject of
controversy in recent years. Moreover, the absence of a pay increase
has produced legal challenges and threatens the pay structure
established in Article 8 of the civil service law. In fact, some
managerial or confidential employees make less than those they
supervise. Unlike the state's unionized workforce, managerial or
confidential employees are prohibited from collectively bargaining
increases in compensation and are not contractually protected.

As a result, there are an increasing number of state employees across
the state that are turning down promotions or seeking demotions as
such a promotion or current M/C status results in significantly less
pay than that of a unionized employee.

In addition, as a result of the administrative withholding of M/C pay
raises 2009 and 2010, as well as the non-negotiated pay schedules
contained in 2011-2016 PayBill, enacted at the end of the 2011
Legislative Session, M/C employees, if left unaddressed, will not
receive a raise for 5 consecutive years.

This bill would address the issue by establishing a quadrennial
commission on managerial or confidential employee compensation to
ensure the proper salary level is set on a regular basis. More
importantly, these proper salary levels will ensure the State's
ability to continue to recruit and hire qualified managers.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
The cost to the State from the operation of the Commission would be
minimal. To the extent the Commission recommends a salary increase
for employees, such increase would have a fiscal impact on the State.

EFFECTIVE DATE:
This bill would take effect immediately upon enactment.

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

                                  6568

                            I N  S E N A T E

                            February 28, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT in relation to establishing a special commission on  compensation
  for state employees designated managerial or confidential, and provid-
  ing for its powers and duties

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

  Section 1. (a) On the first of April of every fourth year,  commencing
April  1, 2012, there shall be established for such year a commission on
managerial or confidential state employee compensation to examine, eval-
uate and make recommendations with respect to adequate levels of compen-
sation and non-salary benefits  for  managerial  or  confidential  state
employees.  In  accordance  with  the  provisions  of  this section, the
commission shall:
  (i) examine the prevailing adequacy of pay levels and non-salary bene-
fits received by managerial or confidential employees of the  state  and
determine whether any of such pay levels warrant adjustment; and
  (ii)  determine  whether,  for any of the four years commencing on the
first of April of such years, following the year in which the commission
is established, the annual salaries for the managerial  or  confidential
employees of the state warrant adjustment.
  In  discharging  its responsibilities under paragraphs (i) and (ii) of
this subdivision, the commission shall take into account all appropriate
factors including, but not limited to: the administrative withholding of
managerial or confidential employee salary increases pursuant to chapter
10 of  the  laws  of  2008;  the  overall  economic  climate;  rates  of
inflation; changes in public-sector spending; the levels of compensation
and non-salary benefits received by unionized state employees; the main-
tenance  of or attainment of proper salary differential between supervi-
sors and their subordinates; the levels of compensation  and  non-salary
benefits  received  by  professionals  in  government,  and academia and
private and nonprofit enterprise.
  (b) The commission shall consist of seven members to be  appointed  as
follows:  three  shall  be  appointed  by  the  governor;  one  shall be
appointed by the  temporary  president  of  the  senate;  one  shall  be
appointed  by the speaker of the assembly; one shall be appointed by the
comptroller; and one shall be  appointed  by  the  Organization  of  NYS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14695-01-2

S. 6568                             2

Management  Confidential  Employees.  The  governor  shall designate the
chair of the commission from among the members so  appointed.  Vacancies
in  the  commission  shall  be  filled  in  the  same manner as original
appointments. To the extent practicable, members of the commission shall
have experience in one or more of the following:  determination of exec-
utive  compensation, human resource administration and financial manage-
ment.
  (c) The commission may meet, hold public hearings and shall  have  all
the powers of a legislative committee pursuant to the legislative law.
  (d)  The  members  of the commission shall receive no compensation for
their services but shall be allowed their actual and necessary  expenses
incurred in the performance of their duties hereunder.
  (e) No member of the commission shall be disqualified from holding any
other  public office or employment, nor shall he or she forfeit any such
office or employment by reason of his or  her  appointment  pursuant  to
this  section, notwithstanding the provisions of any general, special or
local law, regulation, ordinance or city charter.
  (f) To the maximum extent feasible, the commission shall  be  entitled
to  request  and  receive  and  shall  utilize and be provided with such
facilities, resources and  data  of  any  court,  department,  division,
board,  bureau,  commission,  agency,  office or public authority of the
state or any political subdivision thereof as it may reasonably  request
to carry out properly its powers and duties pursuant to this section.
  (g)  The commission may request, and shall receive, reasonable assist-
ance from state agency personnel as necessary for the performance of its
functions.
  (h) The commission shall make a report to the governor and the  legis-
lature of its findings, conclusions, determinations and recommendations,
if  any,  not later than one hundred fifty days after its establishment.
Each recommendation made to implement a determination pursuant to  para-
graph  (ii)  of  subdivision (a) of this section shall have the force of
law, and shall supersede inconsistent provisions of  article  8  of  the
civil  service  law,  unless  modified  or abrogated by statute prior to
April first of the year as to which such determination applies.
  (i) Upon the making of its report as provided in  subdivision  (h)  of
this section, each commission established pursuant to this section shall
be deemed dissolved.
  S  2.  Notwithstanding the provisions of this act or of any other law,
each increase in salary or  compensation  of  any  officer  or  employee
provided  by  this  act  shall be added to the salary or compensation of
such officer or employee 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, the payment of such salary increase pursuant to this section on
a  date prior thereto instead of on such effective date, shall not oper-
ate to confer any additional salary rights or benefits on  such  officer
or employee.
  S  3. The annual salaries as prescribed pursuant to this act for state
employees designated managerial or confidential whenever adjusted pursu-
ant to the provisions of this act, shall be rounded up  to  the  nearest
multiple of one hundred dollars.
  S 4. This act shall take effect immediately.

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