NY State Senate Bill 2015-S7764

Senate Bill S7764

2015-2016 Legislative Session

Relates to salary increases for heads of police departments of municipalities, districts or authorities

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2016	referred to local government

co-Sponsors

2015-S7764 (ACTIVE) - Details

See Assembly Version of this Bill:: A10073
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §207-m, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3825, A291
2019-2020: S2434, A467
2021-2022: A5148

2015-S7764 (ACTIVE) - Summary

Relates to salary increases for heads of police departments of municipalities, districts or authorities.

2015-S7764 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7764

 TITLE OF BILL :

An act to amend the general municipal law, relating to salary
increases for heads of police departments of municipalities, districts
or authorities

 PURPOSE :

To provide that a police chief receive an immediate increase to his or
her salary if their direct subordinate receives a salary increase.
Such increase in salary shall be in the same dollar amount received by
the direct subordinate.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the general municipal law to require an immediate
increase in a police chief's salary, in the same dollar amount, if
their direct subordinate receives a salary increase. This section also
requires that a newly hired police chief would not automatically start
off with the same salary earned by the previous police chief.

Section 2 contains the effective date.

 JUSTIFICATION :

Section 207-m of the general municipal law was repealed under tax cap
legislation in 2011, with the goal of providing mandate relief.
However, such relief was not achieved and the repeal caused hardships
for municipalities. Restoring section 207-m to the general municipal
law would remedy these unintended consequences. For example, it has
been reported that qualified individuals have turned down police chief
positions, due to the disparity caused when a police chief earns less
than those under their supervision.

Restoring section 207-m to the general municipal law will eliminate
such earning disparities and will enable municipalities to hire and
retain the most qualified police chiefs. Specifically, the language
requires an immediate increase in a police chief's salary, in the same
dollar amount, if their direct subordinate receives a salary increase.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

No fiscal impact to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7764 (ACTIVE) - Bill Text download pdf

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

                                  7764

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, relating to salary  increases
  for  heads  of  police  departments  of  municipalities,  districts or
  authorities

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

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 207-m to read as follows:
  S 207-M. SALARY INCREASES FOR HEADS OF POLICE DEPARTMENTS  OF  MUNICI-
PALITIES, DISTRICTS OR AUTHORITIES. 1. NOTWITHSTANDING THE PROVISIONS OF
ANY  GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRA-
RY, AND EXCEPT IN POLICE DEPARTMENTS WHICH EMPLOY FIVE HUNDRED  SEVENTY-
FIVE  OR MORE PERMANENT SWORN POLICE PERSONNEL, WHENEVER THE BASE SALARY
OR OTHER COMPENSATION OF THE PERMANENT FULL-TIME POLICE OFFICER WHO IS A
MEMBER OF A NEGOTIATING UNIT AND WHO IS THE HIGHEST RANKING  SUBORDINATE
TO  THE  HEAD  OF  THE POLICE DEPARTMENT IN SUCH UNIT, IS INCREASED, THE
SALARY, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, OF THE  PERMANENT
FULL-TIME  HEAD  OF THE POLICE DEPARTMENT SHALL BE INCREASED BY AT LEAST
THE SAME DOLLAR AMOUNT OF THE BASE SALARY INCREASE RECEIVED BY SUCH NEXT
SUBORDINATE POLICE OFFICER, AND THE OTHER COMPENSATION,  AS  DEFINED  IN
SUBDIVISION  TWO OF THIS SECTION, OF THE PERMANENT FULL-TIME HEAD OF THE
POLICE DEPARTMENT SHALL BE INCREASED TO THE SAME  EXTENT  AND  WITH  THE
SAME  CONDITIONS AS THE OTHER COMPENSATION RECEIVED BY THE NEXT SUBORDI-
NATE POLICE OFFICER IN THE EVENT THAT SUCH SUBORDINATE  OFFICER'S  OTHER
COMPENSATION  IS  INCREASED.    THE PROVISIONS OF THIS SECTION SHALL NOT
APPLY TO ANY HEAD OF A POLICE DEPARTMENT WHO IS A MEMBER OF A COLLECTIVE
NEGOTIATING UNIT ESTABLISHED PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL
SERVICE LAW.
  2.  FOR THE PURPOSES OF THIS SECTION, SALARY SHALL MEAN FIXED PERIODIC
COMPENSATION PAYABLE BY AN EMPLOYER TO OR FOR THE ACCOUNT OF THE EMPLOY-
EE FOR PERSONAL SERVICES RENDERED BY SUCH EMPLOYEE;  OTHER  COMPENSATION
SHALL  MEAN  ALL OTHER FORMS OF BENEFITS WHICH ARE CREDITED TO EMPLOYEES
AS A TERM OF EMPLOYMENT, WHICH SHALL SPECIFICALLY INCLUDE,  BUT  NOT  BE

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

                                                           LBD15173-01-6

S. 7764                             2

LIMITED TO, EMPLOYER CONTRIBUTION TO OR PAYMENTS OF INSURANCE OR WELFARE
BENEFITS  AND  EMPLOYER CONTRIBUTIONS TO PENSION OR ANNUITY FUNDS. OVER-
TIME, HOLIDAY AND SHIFT DIFFERENTIAL PAY  SHALL  NOT  BE  CONSIDERED  AS
SALARY OR OTHER COMPENSATION UNLESS BY RESOLUTION, ORDINANCE, SPECIAL OR
LOCAL  LAW  THE  MUNICIPALITY,  DISTRICT  OR AUTHORITY ELECTS TO INCLUDE
THESE ITEMS OF COMPENSATION WITHIN THE EMPLOYMENT BENEFIT PACKAGE OF THE
PERMANENT FULL-TIME HEAD OF THE POLICE DEPARTMENT.
  S 2. This act shall take effect immediately.

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Senate Bill S7764

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Sponsored By

Joseph E. Robach