S T A T E O F N E W Y O R K
________________________________________________________________________
9659
I N A S S E M B L Y
May 14, 2014
___________
Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to the effect of a
public employer designating funds for the resolution of disputes in
the course of collective negotiations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause b of subparagraph (v) of paragraph (c) of subdivi-
sion 4 of section 209 of the civil service law, as amended by chapter
216 of the laws of 1977, is amended to read as follows:
b. the interests and welfare of the public and the financial ability
of the public employer to pay, PROVIDED, HOWEVER, THAT TO THE EXTENT THE
LEGISLATIVE BODY OF THE PUBLIC EMPLOYER HAS DESIGNATED CERTAIN FUNDS FOR
THE PURPOSE OF ACCOMMODATING ANY POTENTIAL EMPLOYEE CONTRACT AGREEMENT
OR ARBITRATION AWARD WITH AN EMPLOYEE ORGANIZATION, SUCH FUNDS SHALL
UNDER NO CIRCUMSTANCES BE CONSIDERED IN DETERMINING THE FINANCIAL ABILI-
TY OF THE PUBLIC EMPLOYER TO PAY;
S 2. Subparagraph (iii) of paragraph (d) of subdivision 5 of section
209 of the civil service law, as added by chapter 929 of the laws of
1986, is amended to read as follows:
(iii) the impact of the panel's award on the financial ability of the
public employer to pay, on the present fares and on the continued
provision of services to the public, PROVIDED, HOWEVER, THAT TO THE
EXTENT THE GOVERNING BOARD OF THE PUBLIC EMPLOYER HAS DESIGNATED CERTAIN
FUNDS FOR THE PURPOSE OF ACCOMMODATING ANY POTENTIAL EMPLOYEE CONTRACT
AGREEMENT OR ARBITRATION AWARD WITH AN EMPLOYEE ORGANIZATION, SUCH FUNDS
SHALL UNDER NO CIRCUMSTANCES BE CONSIDERED IN DETERMINING THE FINANCIAL
ABILITY OF THE PUBLIC EMPLOYER TO PAY;
S 3. This act shall take effect immediately; provided, however, that
the amendments to subdivisions 4 and 5 of section 209 of the civil
service law made by sections one and two of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10261-03-4