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

                                  9077

                          I N  A S S E M B L Y

                            January 25, 2016
                               ___________

Introduced  by  M.  of A. ABBATE, GOLDFEDER -- read once and referred to
  the Committee on Governmental Employees

AN ACT to amend the civil service law, in relation to prohibiting public
  employer and employee organization appointees from  testifying  before
  the public arbitration panel they are appointed to

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

  Section 1. Subparagraph (iii) of paragraph (c)  of  subdivision  4  of
section  209  of the civil service law, as amended by chapter 442 of the
laws of 1995, is amended to read as follows:
  (iii) the public arbitration panel shall hold hearings on all  matters
related  to  the  dispute. The parties may be heard either in person, by
counsel, or by other representatives, as they  may  respectively  desig-
nate. The panel may grant more than one adjournment each for each party;
provided,  however, that a second request of either party and any subse-
quent adjournments may be granted on request of either  party,  provided
that the party which requests the adjournment shall pay the arbitrator's
fee.  The  parties  may  present,  either orally or in writing, or both,
statements of fact, supporting witnesses and other evidence,  and  argu-
ment of their respective positions with respect to each case ; PROVIDED,
HOWEVER,  THE  MEMBER  APPOINTED  BY  THE PUBLIC EMPLOYER AND THE MEMBER
APPOINTED BY THE EMPLOYEE ORGANIZATION  SHALL  NOT  TESTIFY  BEFORE  THE
PANEL  HE  OR  SHE  IS  APPOINTED  TO. The panel shall have authority to
require the production of such additional evidence, either oral or writ-
ten as it may desire from the parties and shall provide at  the  request
of  either  party  that  a  full and complete record be kept of any such
hearings, the cost of such record to be shared equally by the parties;
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to subparagraph (iii) of paragraph (c) of subdivision 4
of section 209 of the civil service law made by section one of this  act
shall  not affect the expiration of such subdivision and shall be deemed
to expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13245-01-5