NY State Senate Bill 2017-S8270B

Senate Bill S8270B

2017-2018 Legislative Session

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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to governmental employees delivered to assembly passed senate
Jun 11, 2018	amended on third reading 8270b
Jun 04, 2018	advanced to third reading
May 31, 2018	2nd report cal.
May 30, 2018	1st report cal.1401
May 29, 2018	print number 8270a
May 29, 2018	amend and recommit to civil service and pensions
Apr 25, 2018	referred to civil service and pensions

Votes

- Jun 19, 2018 - Floor Vote
  S8270B
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 30, 2018 - Civil Service And Pensions Committee Vote
  S8270B
  
  9
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 30, 2018
      
      aye (9)
      
      Addabbo Jr.
      
      Benjamin
      
      Golden
      
      Lanza
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Sanders Jr.
      
      Savino
      
      aye wr (1)
      
      Ortt
      
      excused (1)
      
      Croci

Bill Amendments

Original

B (Active)

co-Sponsors

2017-S8270 - 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:: S5803

2017-S8270 - Summary

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

2017-S8270 - Sponsor Memo

                                
 
BILL NUMBER: S8270

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the civil service law, in relation to the negotiability
of discipline affecting public employees

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve the ability of competitive class public employees to negoti-
ate disciplinary procedures that affect them in their employment.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill amends the Civil Service Law to modify the language 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 rake at clear that police offi-
cers and fire fighters 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 inter-
est arbitration awards between public employers and public employee
organizations relative to discipline that were invalidated by judicial
or administrative decisions.

 
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 and fire labor unions.
Over time, a series of judicial decisions, including most notably
several cases decided by the Court of Appeals, 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. However, the
Taylor Law did not repeal or modify any local law or charter provisions
vesting control of discipline in local authorities. The Court of Appeals
in its decisions also noted that the several statutes also contained
provisions favoring the local control of police and fire discipline that
would override the Taylor Law presumption of negotiability.

Thus, at the present time, all police officers and fire fighters in
cities, 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
and 76 of the Civil Service Law which were adopted in 1958, 9 years
prior to the Taylor Law. Every police officer and fire fighter 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 and fire discipline.
This bill would legislatively overrule the judicial decisions on this
issue declaring it to be the public policy of the State of New York that
all terms and conditions of public employment including police and fire
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 judi-
cial or administrative decisions.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8270 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8270
 
                             I N  S E N A T E
 
                              April 25, 2018
                                ___________
 
 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 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

                       [ ] is old law to be omitted.
                                                            LBD15564-01-8

 S. 8270                             2
 
   § 2. Subdivision 4 of section 201 of the civil service law, as amended
 by chapter 606 of the laws of 1992, is amended to read as follows:
   4.  The  term  "terms  and  conditions  of employment" means salaries,
 wages, hours, DISCIPLINE, DISCIPLINARY PROCEDURES INCLUDING ALTERNATIVES
 TO ANY STATUTORY DISCIPLINARY SYSTEM, PROVIDED, HOWEVER, THAT ANY  RIGHT
 OF  A PUBLIC EMPLOYEE UNDER THE TERMS OF ANY STATE LAW TO ELECT COVERAGE
 UNDER EITHER A STATUTORY DISCIPLINARY SYSTEM OR  A  DISCIPLINARY  SYSTEM
 ESTABLISHED BY COLLECTIVE NEGOTIATIONS SHALL NOT BE IMPAIRED, UNLESS ANY
 SUCH  STATE  LAW  AUTHORIZES  EXCLUSIVITY  OF  A NEGOTIATED DISCIPLINARY
 SYSTEM AND PROVIDED FURTHER THAT NO PROVISION CONTAINED IN THE TOWN LAW,
 GENERAL CITY LAW, SECOND CLASS CITIES LAW, GENERAL MUNICIPAL LAW, MUNIC-
 IPAL HOME RULE LAW, COUNTY LAW, OR OTHER STATE, LOCAL,  SPECIAL  LAW  OR
 CHARTER  PROVISION  OR THIS CHAPTER SHALL PREVENT OR IMPAIR THE RIGHT TO
 COLLECTIVE BARGAINING FOR OR  TO  MODIFY  DISCIPLINARY  PROCEDURES,  and
 other  terms  and  conditions of employment provided, however, that such
 term shall not include any benefits provided by or to be provided  by  a
 public retirement system, or payments to a fund or insurer to provide an
 income  for  retirees, or payment to retirees or their beneficiaries. No
 such retirement benefits shall be negotiated pursuant to  this  article,
 and any benefits so negotiated shall be void.
   § 3. Section 204-a of the civil service law is amended by adding a new
 subdivision 4 to read as follows:
   4.  THE  TERMS  OF  ANY CURRENT OR EXPIRED AGREEMENT OR INTEREST ARBI-
 TRATION AWARD BETWEEN ANY PUBLIC EMPLOYER AND ANY PUBLIC EMPLOYEE ORGAN-
 IZATION RELATING TO THE DISCIPLINE OF  ANY  PUBLIC  EMPLOYEES  SHALL  BE
 DEEMED  VALID  AND  ENFORCEABLE FROM THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION.
   § 4. This act shall take effect immediately.

co-Sponsors

2017-S8270A - 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:: S5803

2017-S8270A - Summary

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

2017-S8270A - Sponsor Memo

                                
 
BILL NUMBER: S8270A

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the civil service law, in relation to the negotiability
of discipline affecting public employees

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve the ability of competitive class public employees to negoti-
ate disciplinary procedures that affect them in their employment.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill amends the Civil Service Law to modify the language 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 at clear that police offi-
cers and firefighters 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 representing police officers or firefight-
ers relative to discipline that were invalidated by judicial or adminis-
trative decisions.

 
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 and fire labor unions.
Over time, a series of judicial decisions, including most notably
several cases decided by the Court of Appeals, 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. However, the
Taylor Law did not repeal or modify any local law or charter provisions
vesting control of discipline in local authorities. The Court of Appeals
in its decisions also noted that the several statutes also contained
provisions favoring the local control of police and fire discipline that
would override the Taylor Law presumption of negotiability.

Thus, at the present time, all police officers and firefighters in
cities, towns and villages across the state have had their contractual
disciplinary procedures taken away from them without compensation. Their
disciplinary procedure is controlled by local law. These police officers
and firefighters cannot even avail themselves of the rudimentary
protections provided in sections 75 and 76 of the Civil Service Law,
which were adopted in 1958, 9 years prior to the Taylor Law. Every
police officer and firefighter employed in any town or village in the
State of New York that has not already been divested of his or her
contractual disciplinary procedure is subject to immediate divestment by
the simple expedient of the passage by the town or village that employs

him or her of a local law declaring local control over police and fire
discipline.

This bill would legislatively overrule the judicial decisions on this
issue declaring it to be the public policy of the State of New York that
for police officers and firefighters, disciplinary procedures are terms
and conditions or employment subject to mandatory negotiation 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:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8270A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8270--A
 
                             I N  S E N A T E
 
                              April 25, 2018
                                ___________
 
 Introduced  by  Sens.  GOLDEN, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions -- 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.
                                                            LBD15564-02-8

 S. 8270--A                          2
 
 strikes and the protection  against  the  destruction  of  vital  public
 services delivered by public employees throughout the state.
   § 2. Subdivision 4 of section 201 of the civil service law, as amended
 by chapter 606 of the laws of 1992, is amended to read as follows:
   4. The term "terms and conditions of employment" means:
   (A)  salaries,  wages, hours and other terms and conditions of employ-
 ment provided, however, that such term shall not  include  any  benefits
 provided by or to be provided by a public retirement system, or payments
 to  a  fund  or insurer to provide an income for retirees, or payment to
 retirees or their beneficiaries. No such retirement  benefits  shall  be
 negotiated  pursuant  to  this  article,  and any benefits so negotiated
 shall be void.
   (B) IN ADDITION, THE TERMS AND CONDITIONS OF EMPLOYMENT FOR FIREFIGHT-
 ERS AND POLICE OFFICERS SHALL INCLUDE  DISCIPLINE,  DISCIPLINARY  PROCE-
 DURES  INCLUDING  ALTERNATIVES  TO  ANY  STATUTORY  DISCIPLINARY SYSTEM,
 PROVIDED, HOWEVER, THAT ANY RIGHT OF FIREFIGHTERS  AND  POLICE  OFFICERS
 UNDER THE TERMS OF ANY STATE LAW TO ELECT COVERAGE UNDER EITHER A STATU-
 TORY DISCIPLINARY SYSTEM OR A DISCIPLINARY SYSTEM ESTABLISHED BY COLLEC-
 TIVE  NEGOTIATIONS  SHALL  NOT  BE  IMPAIRED,  UNLESS ANY SUCH STATE LAW
 AUTHORIZES EXCLUSIVITY OF A NEGOTIATED DISCIPLINARY SYSTEM AND  PROVIDED
 FURTHER  THAT  NO PROVISION CONTAINED IN THE TOWN LAW, GENERAL CITY LAW,
 SECOND CLASS CITIES LAW, GENERAL MUNICIPAL LAW, MUNICIPAL HOME RULE LAW,
 COUNTY LAW, OR OTHER STATE, LOCAL, SPECIAL LAW OR CHARTER  PROVISION  OR
 THIS  CHAPTER SHALL PREVENT OR IMPAIR THE RIGHT TO COLLECTIVE BARGAINING
 FOR OR TO MODIFY DISCIPLINARY PROCEDURES.
   § 3. Section 204-a of the civil service law is amended by adding a new
 subdivision 4 to read as follows:
   4. THE TERMS OF ANY CURRENT OR EXPIRED  AGREEMENT  OR  INTEREST  ARBI-
 TRATION AWARD BETWEEN ANY PUBLIC EMPLOYER AND ANY PUBLIC EMPLOYEE ORGAN-
 IZATION  REPRESENTING  FIREFIGHTERS  OR  POLICE OFFICERS RELATING TO THE
 DISCIPLINE OF ANY FIREFIGHTERS OR POLICE OFFICERS SHALL BE DEEMED  VALID
 AND ENFORCEABLE FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 4. This act shall take effect immediately.

co-Sponsors

2017-S8270B (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:: S5803

2017-S8270B (ACTIVE) - Summary

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

2017-S8270B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8270B

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the civil service law, in relation to
the negotiability of discipline affecting public employees

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve the ability of competitive class public employees to negoti-
ate disciplinary procedures that affect them in their employment.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill amends the Civil Service Law to modify the language 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 at clear that police offi-
cers and firefighters 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 representing police officers or firefight-
ers relative to discipline that were invalidated by judicial or adminis-
trative decisions.

 
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 and fire labor unions.
Over time, a series of judicial decisions, including most notably
several cases decided by the Court of Appeals, 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. However, the
Taylor Law did not repeal or modify any local law or charter provisions
vesting control of discipline in local authorities. The Court of Appeals
in its decisions also noted that the several statutes also contained
provisions favoring the local control of police and fire discipline that
would override the Taylor Law presumption of negotiability.

Thus, at the present time, all police officers and firefighters in
cities, towns and villages across the state have had their contractual
disciplinary procedures taken away from them without compensation. Their
disciplinary procedure is controlled by local law. These police officers
and firefighters cannot even avail themselves of the rudimentary
protections provided in sections 75 and 76 of the Civil Service Law,
which were adopted in 1958, 9 years prior to the Taylor Law. Every
police officer and firefighter employed in any town or village in the
State of New York that has not already been divested of his or her
contractual disciplinary procedure is subject to immediate divestment by
the simple expedient of the passage by the town or village that employs
him or her of a local law declaring local control over police and fire
discipline.

This bill would legislatively overrule the judicial decisions on this
issue declaring it to be the public policy of the State of New York that
for police officers and firefighters, disciplinary procedures are terms
and conditions or employment subject to mandatory negotiation 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:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8270B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8270--B
     Cal. No. 1401
 
                             I N  S E N A T E
 
                              April 25, 2018
                                ___________
 
 Introduced  by  Sens.  GOLDEN, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions -- committee discharged, bill amended, ordered  reprinted  as
   amended  and  recommitted to said committee -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15564-04-8

 S. 8270--B                          2
 
 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.
   § 2. Subdivision 4 of section 201 of the civil service law, as amended
 by chapter 606 of the laws of 1992, is amended to read as follows:
   4. The term "terms and conditions of employment" means:
   (A) salaries, wages, hours and other terms and conditions  of  employ-
 ment  provided,  however,  that such term shall not include any benefits
 provided by or to be provided by a public retirement system, or payments
 to a fund or insurer to provide an income for retirees,  or  payment  to
 retirees  or  their  beneficiaries. No such retirement benefits shall be
 negotiated pursuant to this article,  and  any  benefits  so  negotiated
 shall be void.
   (B) IN ADDITION, THE TERMS AND CONDITIONS OF EMPLOYMENT FOR FIREFIGHT-
 ERS  AND  POLICE  OFFICERS SHALL INCLUDE DISCIPLINE, DISCIPLINARY PROCE-
 DURES INCLUDING  ALTERNATIVES  TO  ANY  STATUTORY  DISCIPLINARY  SYSTEM,
 PROVIDED,  HOWEVER,  THAT  ANY RIGHT OF FIREFIGHTERS AND POLICE OFFICERS
 UNDER THE TERMS OF ANY STATE LAW TO ELECT COVERAGE UNDER EITHER A STATU-
 TORY DISCIPLINARY SYSTEM OR A DISCIPLINARY SYSTEM ESTABLISHED BY COLLEC-
 TIVE NEGOTIATIONS SHALL NOT BE  IMPAIRED,  UNLESS  ANY  SUCH  STATE  LAW
 AUTHORIZES  EXCLUSIVITY OF A NEGOTIATED DISCIPLINARY SYSTEM AND PROVIDED
 FURTHER THAT NO PROVISION CONTAINED IN THE TOWN LAW, GENERAL  CITY  LAW,
 SECOND CLASS CITIES LAW, GENERAL MUNICIPAL LAW, MUNICIPAL HOME RULE LAW,
 COUNTY  LAW, OR OTHER STATE, LOCAL, SPECIAL LAW OR CHARTER PROVISION, OR
 ANY SPECIAL POLICE ACT OR OTHER SPECIAL ACT  CREATED  BY  LOCAL  LAW  OR
 CHARTER  OR  OTHERWISE  CREATED, OR THIS CHAPTER SHALL PREVENT OR IMPAIR
 THE RIGHT TO COLLECTIVE BARGAINING FOR OR TO MODIFY DISCIPLINARY  PROCE-
 DURES.
   § 3. Section 204-a of the civil service law is amended by adding a new
 subdivision 4 to read as follows:
   4.  THE  TERMS  OF  ANY CURRENT OR EXPIRED AGREEMENT OR INTEREST ARBI-
 TRATION AWARD BETWEEN ANY PUBLIC EMPLOYER AND ANY PUBLIC EMPLOYEE ORGAN-
 IZATION REPRESENTING FIREFIGHTERS OR POLICE  OFFICERS  RELATING  TO  THE
 DISCIPLINE  OF ANY FIREFIGHTERS OR POLICE OFFICERS SHALL BE DEEMED VALID
 AND ENFORCEABLE FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 4. This act shall take effect immediately.

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.

Senate Bill S8270B

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Fred Akshar

2017-S8270 - Details

2017-S8270 - Summary

2017-S8270 - Sponsor Memo

2017-S8270 - Bill Text download pdf

co-Sponsors

Fred Akshar

2017-S8270A - Details

2017-S8270A - Summary

2017-S8270A - Sponsor Memo

2017-S8270A - Bill Text download pdf

co-Sponsors

Fred Akshar

2017-S8270B (ACTIVE) - Details

2017-S8270B (ACTIVE) - Summary

2017-S8270B (ACTIVE) - Sponsor Memo

2017-S8270B (ACTIVE) - Bill Text download pdf

Comments