S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. FARRELL, PRETLOW -- read once and referred to the
Committee on Governmental Employees
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, 2013, 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
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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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
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-
(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
(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
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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.