senate Bill S2953

Vetoed By Governor
2013-2014 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 Via A246 - Vetoed by Governor

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 tabled
vetoed memo.211
Sep 16, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.308
substituted for s2953
Jun 20, 2013 substituted by a246
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.308
Jan 25, 2013 referred to finance


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S2953 - Bill Details

See Assembly Version of this Bill:
Law Section:
Versions Introduced in 2011-2012 Legislative Session:
S6568, A9776

S2953 - 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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TITLE OF BILL: An act in relation to establishing a special commission
on compensation for state employees designated managerial or confiden-
tial, 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.


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 Confiden-
tial Employees. The Commission would be required to report its findings,
conclusions, determinations and recommendations within 150 days of its

Every four years the Commission would examine,'evaluate and make recom-
mendations with respect to managerial or confidential employee compen-
sation. The Commission would determine what salaries shall be and would
make recommendations to effect the changes to salaries. Such recommen-
dations 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 admin-
istratively withheld in 2009 and 2010. As a result, managerial or confi-
dential employee salaries have become and increasing subject of contro-
versy 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 confi-
dential employees make less than those they supervise. Unlike the states

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 Legisla-
tive 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 commis-
sion 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: S.6568/ A.9776 of 2012

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013

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


  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
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

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

S. 2953                             2

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
or employee.

S. 2953                             3

  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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