senate Bill S6571

2013-2014 Legislative Session

Relates to salaries and benefits for certain state officers and employees excluded from collective negotiating units

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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 20, 2014 committed to rules
Jun 09, 2014 advanced to third reading
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1081
Apr 28, 2014 reported and committed to finance
Feb 07, 2014 referred to civil service and pensions

Votes

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Jun 2, 2014 - Finance committee Vote

S6571
36
0
committee
36
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Apr 28, 2014 - Civil Service and Pensions committee Vote

S6571
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: Apr 28, 2014

excused (1)

Co-Sponsors

S6571 - Bill Details

See Assembly Version of this Bill:
A8813
Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Rpld & add §130 sub 1 ¶d, Civ Serv L; rpld & add §19 sub 1, Cor L

S6571 - Bill Texts

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Relates to salaries and benefits for certain state officers and employees excluded from collective negotiating units.

view sponsor memo
BILL NUMBER:S6571

TITLE OF BILL: An act to amend the civil service law and the
correction law, in relation to compensation and other terms and
conditions of employment of certain state officers and employees and
to repeal certain provisions of such laws relating thereto

PURPOSE:

This bill would provide managerial or confidential employees of New
York State salary and other benefits that were originally provided in
Chapter 10 of the Laws of 2008 but subsequently such benefits were
administratively withheld by the Executive for fiscal years 2009 and
2010. Such restoration would be prospective from April 1, 2014
forward.

SUMMARY OF PROVISIONS:

Section 1 of the bill enacts legislation necessary to implement
changes to salary and benefits of certain state officers and employees
excluded from collective bargaining units.

Section 2 of the bill would provide for the restoration of pay raises
equal to the percentage pay raises withheld in 2009 and 2010 by the
Executive while also including the pay raises provided for in
2014-2015 and 2015-2016 in the current statute.

Section 3 of the bill would provide for the restoration of pay raises
equal to the percentage pay raises withheld in 2009 and 2010 by the
Executive while also including the pay raises provided for in
2014-2015 and 2015-2016 in the current statute for certain state
officers and employees not otherwise covered by section 2 of this
chapter.

Section 4 of the bill would provide for an immediate effective date
and shall be deemed to have been in full force and effect on and after
April 1, 2014.

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 an increasing subject of
controversy in recent years. Moreover, the absence of a pay increase
has produced legal challenges and threatens the entire pay structure
established in Article 8 of the civil service law. In fact, some
managerial or confidential employees make less than those they
supervise while others make less than their union-represented
counterparts at the same grade level. 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 in 2009 and 2010, as well as the non-negotiated pay schedules
contained in the 2011-2016 PayBill, enacted at the end of the 2011
Legislative Session, M/C employees, have not received a raise for 5
consecutive years as of 3/31/2014.

This bill would address the issue by restoring the withheld salary on
a prospective basis. More importantly, these proper salary levels will
ensure the State's ability to continue to promote, recruit and hire
qualified managers through this restoration of equity in the salary
schedules.

LEGISLATIVE HISTORY:

New legislation

FISCAL IMPLICATIONS:

The cost to the State to restore these withheld benefits would be
approximately $63.5 million above the current Executive budget
proposal. This figure includes increased payments to the appropriate
public pension systems.

It should be noted that since the 2009 and 2010 withholdings were done
because of large state deficits that it is only fair these amounts
should be restored in this year because of the surplus that is
anticipated by close of business for fiscal year 2013-2014. It is
estimated that the State has saved in excess of $500 million since
April, 2009 due to this withholding and delay of M/C salary increases
and performance advances (steps).

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
________________________________________________________________________

                                  6571

                            I N  S E N A T E

                            February 7, 2014
                               ___________

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

AN  ACT  to  amend  the  civil  service  law  and the correction law, in
  relation to compensation and other terms and conditions of  employment
  of  certain  state  officers  and  employees  and  to  repeal  certain
  provisions of such laws relating thereto

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

  Section  1.  Legislative  intent. This act enacts into law legislation
necessary to implement changes to salary and benefits for certain  state
officers and employees excluded from collective negotiating units.
  S  2. Paragraph d of subdivision 1 of section 130 of the civil service
law is REPEALED and a new paragraph d is added to read as follows:
  D. SALARY GRADES FOR POSITIONS IN THE COMPETITIVE, NON-COMPETITIVE AND
LABOR CLASSES OF THE CLASSIFIED SERVICE OF THE STATE OF NEW YORK  DESIG-
NATED  MANAGERIAL  OR  CONFIDENTIAL PURSUANT TO ARTICLE FOURTEEN OF THIS
CHAPTER, SHALL BE AS FOLLOWS ON THE EFFECTIVE DATES INDICATED:
                 SALARIES AND BENEFITS FOR CERTAIN STATE
                  OFFICERS AND EMPLOYEES EXCLUDED FROM
               COLLECTIVE NEGOTIATING UNITS FOR 2014-2016
  (1) EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN:

GRADE                HIRING RATE       JOB RATE       PERFORMANCE
                                                      ADVANCE

M/C 3                $24,635           $31,495        $1,143
M/C 4                $25,722           $32,923        $1,200
M/C 5                $27,267           $34,521        $1,209
M/C 6                $28,423           $36,291        $1,311
M/C 7                $30,062           $38,256        $1,366
M/C 8                $31,713           $40,229        $1,419
M/C 9                $33,523           $42,368        $1,474
M/C 10               $35,330           $44,718        $1,565

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13931-01-4

S. 6571                             2

M/C 11               $37,473           $47,202        $1,622
M/C 12               $39,451           $49,677        $1,704
M/C 13               $41,747           $52,436        $1,782
M/C 14               $44,226           $55,321        $1,849
M/C 15               $46,686           $58,309        $1,937
M/C 16               $49,319           $61,418        $2,017
M/C 17               $52,116           $64,806        $2,115
M/C 18               $52,394           $66,494        $2,350
M/C 19               $55,204           $70,010        $2,468
M/C 20               $58,018           $73,518        $2,583
M/C 21               $61,147           $77,379        $2,705
M/C 22               $64,433           $81,415        $2,830
M/C 23               $67,735           $85,633        $2,983
M 1                  $73,112           $94,833        $3,620
M 2                  $81,083           $102,838       $3,626
M 3                  $89,992           $113,720       $3,955
M 4                  $99,534           $125,609       $4,346
M 5                  $110,517          $139,631       $4,852
M 6                  $122,365          $153,912       $5,258
M 7                  $134,880          $167,047       $5,361
M 8                  $113,722+
  (2) EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN:
GRADE                HIRING RATE       JOB RATE       PERFORMANCE
                                                      ADVANCE

M/C 3                $25,128           $32,125        1,166
M/C 4                $26,236           $33,581        1,224
M/C 5                $27,812           $35,211        1,233
M/C 6                $28,991           $37,017        1,338
M/C 7                $30,663           $39,021        1,393
M/C 8                $32,347           $41,034        1,448
M/C 9                $34,193           $43,215        1,504
M/C 10               $36,037           $45,612        1,596
M/C 11               $38,222           $48,146        1,654
M/C 12               $40,240           $50,671        1,739
M/C 13               $42,582           $53,485        1,817
M/C 14               $45,111           $56,427        1,886
M/C 15               $47,620           $59,475        1,976
M/C 16               $50,305           $62,646        2,057
M/C 17               $53,158           $66,102        2,157
M/C 18               $53,442           $67,824        2,397
M/C 19               $56,308           $71,410        2,517
M/C 20               $59,178           $74,988        2,635
M/C 21               $62,370           $78,927        2,760
M/C 22               $65,722           $83,043        2,887
M/C 23               $69,090           $87,346        3,043
M 1                  $74,574           $96,730        3,693
M 2                  $82,705           $104,895       3,698
M 3                  $91,792           $115,994       4,037
M 4                  $101,525          $128,121       4,433
M 5                  $112,727          $142,424       4,950
M 6                  $124,812          $156,990       5,363
M 7                  $137,578          $170,388       5,468
M 8                  $115,996+
S 3. Subdivision 1 of section 19 of the correction law is REPEALED and a
new subdivision 1 is added to read as follows:

S. 6571                             3

  1.  THIS  SECTION SHALL APPLY TO EACH SUPERINTENDENT OF A CORRECTIONAL
FACILITY  APPOINTED  ON  OR  AFTER  AUGUST   NINTH,   NINETEEN   HUNDRED
SEVENTY-FIVE  AND  ANY SUPERINTENDENT HERETOFORE APPOINTED WHO ELECTS TO
BE COVERED BY THE PROVISIONS THEREOF BY FILING SUCH  ELECTION  WITH  THE
COMMISSIONER.
  A.  THE SALARY SCHEDULE FOR SUPERINTENDENTS OF A CORRECTIONAL FACILITY
WITH AN INMATE POPULATION CAPACITY OF FOUR HUNDRED OR MORE INMATES SHALL
BE AS FOLLOWS:
EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN:

             HIRING RATE          JOB RATE
             $115,723             $157,923

EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN:

             HIRING RATE          JOB RATE
             $118,037             $161,081

  B. THE SALARY SCHEDULE FOR SUPERINTENDENTS OF CORRECTIONAL  FACILITIES
WITH  AN  INMATE  POPULATION CAPACITY OF FEWER THAN FOUR HUNDRED INMATES
SHALL BE AS FOLLOWS:

EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN:
             HIRING RATE          JOB RATE
             $89,992              $113,721

EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN:
             HIRING RATE          JOB RATE
             $91,792              $115,995

S 4. This act shall take effect immediately and shall be deemed to  have
been in full force and effect on and after April 1, 2014.

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