Senate Bill S3218A

                                BILL NUMBER:S3218A

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 together with facts describing the economic and any new
costs attributable to such agreement, contract, or amendment shall be
made available to the public immediately following approval of such
proposed terms by a public employee union, and at least two weeks
prior to the approval or rejection of such proposed terms by the
public employer, (ii) that copies of all proposed public employee,
              

school employer, school district collective bargaining agreements,
employment contracts, or amendments to such contracts together with
facts describing the economic and any new costs attributable to such
agreement, contract, or amendment be placed on the school district
website, if such website exists. and within the local public
libraries and offices of such districts at least two weeks prior to
approval or rejection of such proposed public employee union or
school district 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
hall mark of American democracy. It has long been a titan 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. In the past, then
Attorney General Cuomo created WWW.SUNLIGHTNY.COM
allowing citizens
access to legislator activities, and Governor Paterson created
WWW.ECONOMICRECOVERY.NY.GOV so that citizens could
have unprecedented
admittance to the tracking of 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


salaries 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 are mostly 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, 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 CPI-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, as state that prides itself on
government access and transparency, to open up school district
collective 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:
A.6338-C and S.7350-A of 2009/2010

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.