|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Dec 17, 2014||
|Dec 05, 2014||
delivered to governor
|Jun 10, 2014||
returned to assembly
3rd reading cal.731
substituted for s7072
|Jun 10, 2014||
substituted by a9344
|May 19, 2014||
advanced to third reading
|May 14, 2014||
2nd report cal.
|May 13, 2014||
1st report cal.731
|Apr 23, 2014||
referred to finance
senate Bill S7072
Establishes a special commission on compensation for state employees designated managerial or confidential and provides for its powers and duties
Archive: Last Bill Status Via A9344 - Vetoed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
view actions (12)
Jun 10, 2014 - floor VoteA9344580floor58Aye0Nay0Absent3Excused0Abstained
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Floor Vote: Jun 10, 2014aye (58)
May 13, 2014 - Finance committee VoteS7072350committee35Aye0Nay1Aye with Reservations0Absent1Excused0Abstained
show Finance committee vote details
Finance Committee Vote: May 13, 2014aye (35)aye wr (1)excused (1)
- show floor vote details
S7072 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
S7072 - Bill Texts
Establishes a special commission on compensation for state employees designated managerial or confidential; provides for the powers and duties of such commission.
view sponsor memo
TITLE OF BILL: An act in relation to establishing a special
commission on compensation for state employees designated managerial
or confidential, 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.
SUMMARY OF PROVISIONS:
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
Confidential Employees. The Commission would be required to report its
findings, conclusions, determinations and recommendations within 150
days of its establishment. Every four years the Commission would
examine, evaluate and make recommendations with respect to managerial
or confidential employee compensation. The Commission would determine
what salaries shall be and would make recommendations to effect the
changes to salaries. Such recommendations 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
administratively withheld in 2009 and 2010. As a result, managerial or
confidential employee salaries have become and increasing subject of
controversy 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 confidential 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
Legislative 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
commission 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 S.2953/A. 246 of 2013
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
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S T A T E O F N E W Y O R K ________________________________________________________________________ 7072 I N S E N A T E April 23, 2014 ___________ 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 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, 2015, 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14651-01-4 S. 7072 2 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- ment. (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 functions. (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 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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