Assembly Bill A10736A

2017-2018 Legislative Session

Relates to preserving the ability of firefighters and police officers to negotiate disciplinary procedures

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2017-A10736 - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §§201 & 204-a, Civ Serv L
Versions Introduced in 2019-2020 Legislative Session:
A6109

2017-A10736 - Summary

Preserves the ability of firefighters and police officers to negotiate disciplinary procedures.

2017-A10736 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10736
 
                           I N  A S S E M B L Y
 
                               May 16, 2018
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT to amend the civil service law, in relation to the negotiability
   of discipline affecting public employees
 
   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 legislature
 hereby finds, declares and reaffirms that  the  1967  Public  Employees'
 Fair Employment Act establishes that the public policy of the state, and
 the  purpose  of  the  act,  is  to  promote  harmonious and cooperative
 relationships between government and its employees and  to  protect  the
 public  by  assuring, at all times, the orderly and uninterrupted opera-
 tion and functions of government. Included among  the  policies  adopted
 was  the  requirement that the state, local governments, and other poli-
 tical subdivisions negotiate and enter  into  agreements  with  employee
 organizations  about  terms  and conditions of employment. Over the many
 years subsequent to the enactment of  such  act,  the  negotiability  of
 discipline,  including  disciplinary procedures, has been fully endorsed
 by the public employment relations  board  and  disciplinary  procedures
 have  been incorporated into collective bargaining agreements throughout
 the state. The legislature now declares that this practice of  negotiat-
 ing  fair  disciplinary  protections and procedures for public employees
 must continue.
   A recent court of appeals' decision involving police officers  in  the
 city of Schenectady has erroneously declared that the "public policy" of
 the  state  is  to  prohibit  absolutely the negotiation of disciplinary
 procedures in certain places where there exist legislative enactments on
 the subject of discipline. The legislature declares a necessity for  the
 enactment  of this act to ensure that discipline, including disciplinary
 procedures, will continue as a mandatory subject of  collective  negoti-
 ation, and that collective bargaining agreements addressing that subject
 remain  valid  and  enforceable  and  to enhance the prohibition against
 strikes and the protection  against  the  destruction  of  vital  public
 services delivered by public employees throughout the state.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2017-A10736A (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §§201 & 204-a, Civ Serv L
Versions Introduced in 2019-2020 Legislative Session:
A6109

2017-A10736A (ACTIVE) - Summary

Preserves the ability of firefighters and police officers to negotiate disciplinary procedures.

2017-A10736A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10736--A
 
                           I N  A S S E M B L Y
 
                               May 16, 2018
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on  Governmental  Employees  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil service law, in relation to the  negotiability
   of discipline affecting public employees
 
   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  legislature
 hereby  finds,  declares  and  reaffirms that the 1967 Public Employees'
 Fair Employment Act establishes that the public policy of the state, and
 the purpose of  the  act,  is  to  promote  harmonious  and  cooperative
 relationships  between  government  and its employees and to protect the
 public by assuring, at all times, the orderly and  uninterrupted  opera-
 tion  and  functions  of government. Included among the policies adopted
 was the requirement that the state, local governments, and  other  poli-
 tical  subdivisions  negotiate  and  enter into agreements with employee
 organizations about terms and conditions of employment.  Over  the  many
 years  subsequent  to  the  enactment  of such act, the negotiability of
 discipline, including disciplinary procedures, has been  fully  endorsed
 by  the  public  employment  relations board and disciplinary procedures
 have been incorporated into collective bargaining agreements  throughout
 the  state. The legislature now declares that this practice of negotiat-
 ing fair disciplinary protections and procedures  for  public  employees
 must continue.
   A  recent  court of appeals' decision involving police officers in the
 city of Schenectady has erroneously declared that the "public policy" of
 the state is to prohibit  absolutely  the  negotiation  of  disciplinary
 procedures in certain places where there exist legislative enactments on
 the  subject of discipline. The legislature declares a necessity for the
 enactment of this act to ensure that discipline, including  disciplinary
 procedures,  will  continue as a mandatory subject of collective negoti-
 ation, and that collective bargaining agreements addressing that subject
 remain valid and enforceable and  to  enhance  the  prohibition  against
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.