senate Bill S7801

Vetoed By Governor
2013-2014 Legislative Session

Declares that all competitive class employees are entitled to collective bargaining with respect to matters pertaining to disciplinary procedures

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 02, 2015 pocket veto - veto.589
Dec 30, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.497
substituted for a9853
Jun 18, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1549
committee discharged and committed to rules
Jun 10, 2014 referred to civil service and pensions

Votes

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S7801 - Bill Details

See Assembly Version of this Bill:
A9853
Law Section:
Civil Service Law
Laws Affected:
Amd §76, Civ Serv L

S7801 - Bill Texts

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Declares that all competitive class employees are entitled to collective bargaining with respect to matters pertaining to disciplinary procedures.

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BILL NUMBER:S7801

TITLE OF BILL: An act to amend the civil service law, in relation to
the negotiability of disciplinary procedures affecting employees in
the competitive class of civil service of the state of New York or any
civil division thereof

PROVISIONS OF THE BILL: This bill amends Section 76 of the Civil
Service Law to modify the language of subpart 4 thereof relied on by
several courts in holding disciplinary procedures to be outside the
protection of the Taylor Law where any other law commits discipline to
the discretion of local officials and to make it clear that police
officers and all other competitive class public employees in this
state are entitled to collectively bargain the disciplinary procedures
that affect them in their employment. The bill would also restore the
provisions of any collective bargaining agreements or interest
arbitration awards between public employers and public employee
organizations relative to discipline that were invalidated by judicial
or administrative decisions since the New York City PBA case was
decided in 2006.

JUSTIFICATION: The fundamental purpose of the Taylor Law adopted in
1967 was to make all term and conditions of employment in the public
sector subject to collective bargaining. Early Taylor Law decisions
established that disciplinary procedures were terms and conditions of
employment subject to collective bargaining, and many collective
bargaining agreements containing disciplinary provisions and
procedures were adopted across the state, including those negotiated
by police labor unions. Over time, a series of judicial decisions,
including most notably the New York City PBA case decided by the Court
of Appeals in 2006, found a countervailing policy in favor of strong
local control of discipline to override the public policy expressed in
the Taylor Law favoring the collective bargaining of all terms and
conditions of employment based on language in the current § 76(4) to
the effect that Sections 75 and 76 did not repeal or modify any local
law or charter provisions vesting control of discipline in local
authorities. Although the New York City PBA case involved the New York
City Charter and the Rockland County Police Act, the Court in its
decision also noted that the Town Law and the Village Law also
contained provisions favoring t he local control of police discipline
that would override the Taylor Law presumption of negotiability.

Thus, at the present time, all police officers in the City of New
York, in Rockland County, and numerous other towns and villages across
the state have had their contractual disciplinary procedures taken
away from them without compensation and are subject to autocratic
local control of the discipline of their members without even the
rudimentary protections provided in Sections 75 & 76 of the Civil
Service Law which were adopted in 1958, 9 years prior to the Taylor
Law. Every police officer employed in any town or village in the State
of New York that has not already been divested of his contractual
disciplinary procedure is subject to immediate divestment by the
simple expedient of the passage by the town or village that employs
him of a local law declaring local control over police discipline.

This bill would legislatively overrule the judicial decisions on this
issue and would belatedly make § 75 & 76 of the Civil Service Law


consistent with the Taylor Law by declaring it to be the public policy
of the State of New York that all terms and conditions of public
employment including police discipline are subject to mandatory
negotiability under the Taylor Law. It would also restore those
collective bargaining provisions that were previously declared invalid
on grounds of public policy by prior judicial or administrative
decisions.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7801

                            I N  S E N A T E

                              June 10, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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, in relation to the  negotiability
  of  disciplinary  procedures  affecting  employees  in the competitive
  class of civil service of the state of New York or any civil  division
  thereof

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

  Section 1. Legislative  findings  and  declarations.  The  Taylor  Law
requires collective bargaining over all "terms and conditions of employ-
ment."  Our courts have often stressed the importance of this policy and
have made clear that "the presumption...that all terms and conditions of
employment  are  subject to mandatory bargaining" cannot easily be over-
come. IN THE MATTER OF PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF
NEW YORK, INC. V. NEW YORK STATE PUBLIC EMPLOYMENT  RELATIONS  BOARD,  6
N.Y.  3d  563  at 572 (2006) (Hereinafter NYC PBA case).  However, while
paying homage to our state's  strong  and  sweeping  policy  to  support
collective  bargaining  of  all terms and conditions of employment under
the Taylor Law, the Court of Appeals in the case cited above  held  that
that  policy  must  yield  to  any  other legislation which specifically
commits police discipline to the discretion of local officials,  includ-
ing  the  New York City charter, the Rockland County Police Act, section
155 of the town law and section 8-804 of the village law, provided  only
that those laws were passed prior to 1958 when Sections 75 and 76 of the
civil  service  law  providing  minimum  or back-stop provisions for due
process disciplinary procedures for public employees  were  enacted.  In
doing so, the court cited specifically to the first sentence of subdivi-
sion  4  of section 76 of the civil service law which says that sections
75 and 76 of the civil service law shall not be construed to  repeal  or
modify  pre-existing laws relating to the removal or suspension of offi-
cers or employees in the competitive class of the civil service  of  the
state or any civil division.
  Since  the  Taylor Law was enacted in 1967 making all terms and condi-
tions of employment subject to collective bargaining, matters pertaining

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15316-01-4

S. 7801                             2

to employee discipline, including  disciplinary  procedures,  have  been
negotiated  into many collective bargaining agreements in municipalities
across the state covering  all  types  of  public  employees,  including
police  officers.  Those agreements were honored until 2006 when the NYC
PBA case was decided. The impact of the NYC PBA case has been to deprive
many, but not all, police officers of the right to enforce their negoti-
ated disciplinary procedures and of the right  to  collectively  bargain
with  regard  to matters pertaining to discipline in the future that all
other public employees enjoy. The purpose of this act  is  to  expressly
overrule  this  decision  and those that have followed it and to replace
them with a legislative declaration that police officers and  all  other
competitive class public employees in the state of New York are entitled
to collectively bargain with respect to all matters pertaining to disci-
pline  and,  in  the  absence of a negotiated procedure, to at least the
minimum due process protections provided by sections 75 and  75  of  the
civil service law.
  S  2. Subdivision 4 of section 76 of the civil service law, as amended
by chapter 283 of the laws of 1972, is amended and a new  subdivision  5
is added to read as follows:
  4.  [Nothing  contained in section seventy-five or seventy-six of this
chapter shall be construed to repeal or modify any general,  special  or
local  law or charter provision relating to the removal or suspension of
officers or employees in the competitive class of the civil  service  of
the  state  or  any  civil  division. Such sections may be supplemented,
modified or replaced by agreements negotiated between the state  and  an
employee  organization  pursuant  to  article  fourteen of this chapter.
Where such sections are  so  supplemented,  modified  or  replaced,  any
employee against whom charges have been preferred prior to the effective
date of such supplementation, modification or replacement shall continue
to  be  subject  to  the provisions of such sections as in effect on the
date such charges were preferred.] THIS SECTION OR SECTION  SEVENTY-FIVE
OF  THIS  TITLE  SHALL  BE  CONSTRUED  TO  REPEAL OR MODIFY ANY GENERAL,
SPECIAL OR LOCAL LAW OR CHARTER PROVISION RELATING  TO  THE  REMOVAL  OR
SUSPENSION  OF  OFFICERS  OR  EMPLOYEES  IN THE COMPETITIVE CLASS OF THE
CIVIL SERVICE OF THE STATE OR  ANY  CIVIL  DIVISION.  THIS  SECTION  AND
SECTION  SEVENTY-FIVE  OF  THIS  TITLE  MAY BE SUPPLEMENTED, MODIFIED OR
REPLACED BY AGREEMENTS NEGOTIATED BETWEEN THE  STATE  OR  ANY  POLITICAL
SUBDIVISION  THEREOF  AND  AN  EMPLOYEE ORGANIZATION PURSUANT TO ARTICLE
FOURTEEN OF THIS CHAPTER. WHERE SUCH SECTIONS ARE SO SUPPLEMENTED, MODI-
FIED OR REPLACED, ANY EMPLOYEE AGAINST WHOM CHARGES HAVE BEEN  PREFERRED
PRIOR  TO  THE  EFFECTIVE  DATE OF SUCH SUPPLEMENTATION, MODIFICATION OR
REPLACEMENT SHALL CONTINUE TO BE  SUBJECT  TO  THE  PROVISIONS  OF  SUCH
SECTIONS AS IN EFFECT ON THE DATE SUCH CHARGES WERE PREFERRED.
  5. THE TERMS OF ANY CURRENT OR EXPIRED COLLECTIVE BARGAINING AGREEMENT
OR INTEREST ARBITRATION AWARD BETWEEN ANY PUBLIC EMPLOYER AND ANY PUBLIC
EMPLOYEE  ORGANIZATION  RELATING  TO ANY ASPECT OF POLICE OFFICER DISCI-
PLINE WHICH WERE INVALIDATED OR RENDERED UNENFORCEABLE BY ANY  DECISION,
ORDER  OR JUDGEMENT OF ANY COURT, ADMINISTRATIVE AGENCY OR OTHER ADJUDI-
CATORY TRIBUNAL ON GROUNDS OF PUBLIC POLICY SHALL BE DEEMED  VALID  FROM
THE DATE ANY SUCH AGREEMENTS OR AWARDS WERE FIRST REACHED OR ISSUED, AND
THOSE  AGREEMENTS  OR  AWARDS  SHALL  BE  APPLIED AND ENFORCED AS TO ANY
DISCIPLINARY CHARGES PENDING ON THE EFFECTIVE DATE OF  THIS  SUBDIVISION
AND TO ANY DISCIPLINARY CHARGES FILED THEREAFTER.
  S 3. This act shall take effect immediately.

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