NY State Senate Bill 2017-S8683

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to civil service and pensions

2017-S8683 (ACTIVE) - Details

See Assembly Version of this Bill:: A10371
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §201, Civ Serv L
Versions Introduced in 2019-2020 Legislative Session:: S1329

2017-S8683 (ACTIVE) - Summary

Relates to the negotiability of disciplinary procedures affecting police officers; provides that "terms and conditions of employment" shall include for all employees who are police officers under law, alternatives to any statutory or regulatory disciplinary provisions relating to the adjudication and disposition of disciplinary charges; makes related provisions.

2017-S8683 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8683

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the civil service law, in relation to the negotiability
of disciplinary procedures affecting police officers

 
PURPOSE:

This legislation will make disciplinary procedures a mandatory negoti-
able term and condition of employment for police officers except for
procedures pertaining to disciplinary charges alleging an officer used
unlawful, unauthorized or excessive force in the course of employment.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes the legislative findings and declara-
tions.

Section 2 amends the civil service law to require that "terms and condi-

tions of employment" must include for employees who are designated
police officers alternatives to any statutory or regulatory disciplinary
provisions relating to adjudication and disposition of disciplinary
charges, except for those charges alleging unlawful, unauthorized or
excessive force in the course of employment.

Section 3 establishes the effective date.

 
JUSTIFICATION:

In 2006, the Court of Appeals held, generally, that matters pertaining
to police officer discipline are prohibited and unenforceable whenever
there are other laws existing before the enactment of Section 75 of the
Civil Service Law in 1958 that delegate power and authority over police
officer discipline to government officials.  Provisions in collective
bargaining agreements pertaining to police discipline also have been
held void and unenforceable on this same rationale as a matter of public
policy.

Although the Court of Appeals has noted the strong and sweeping policy
under the State Taylor Law requiring collective bargaining over all
public employees terms and conditions of employment, the Court has
concluded that the Taylor Law's expressly declared public policy and its
express substantive terms are trumped by a countervailing, implicit
policy found in police officer discipline laws that pre-date the Taylor
Law by decades that the Court believes favor management authority over
police disciplinary matters.

This bill will ensure that there can be collective bargaining regarding
alternatives to the statutory and regulatory disciplinary systems the
Court of Appeals has held pre-empt collective bargaining when police
officers are facing disciplinary charges except when the disciplinary
charges allege that a police officer has used unlawful, unauthorized or
excessive force in the course of employment. Police officers, like all
other employees, should have at least the chance to bargain for a disci-
plinary proceeding held before a neutral party with a decision by a
neutral party. This bill would restore in the noted circumstance the
right to negotiate alternatives to these antiquated statutory and regu-
latory police disciplinary systems and it otherwise leaves the negotia-
bility of matters pertaining to police officer discipline unaffected and
controlled by existing law. This bill, thus, strikes a fair compromise
between the rights of police officers to bargain their terms and condi-
tions of employment and the employers' interests in controlling the
discipline of their police officers.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This Act shall take effect immediately.

2017-S8683 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8683
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 police officers
 
   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 such  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 in
 1967,  and  continuing to date, is the requirement that public employers
 negotiate and enter into agreements with  employee  organizations  about
 terms and conditions of employment. Over the many years since the public
 employees'  fair  employment  act became the law and the declared public
 policy of this state, matters pertaining to employee discipline, includ-
 ing disciplinary procedures, have been negotiated into  many  collective
 bargaining  agreements covering all types of public employees, including
 police officers. The legislature now  declares  that  this  practice  of
 allowing  and requiring the negotiation of fair disciplinary protections
 and procedures for all public employees  must  continue.    Despite  the
 clarity  of  this  state's  policy  and law requiring negotiations about
 terms and conditions of employment, a few  court  decisions  have  erro-
 neously held that the law and "public policy" of the state is to prohib-
 it  absolutely  the  negotiation  of  disciplinary procedures for police
 officers whenever there exists laws on the  subject  of  police  officer
 discipline  that  were  enacted before 1958 when section 75 of the civil
 service law was enacted. The legislature declares a  necessity  for  the
 enactment  of  this  act  to  ensure  that  disciplinary procedures will
 continue as a mandatory subject of collective  negotiations  for  police
 officers  to  enhance the prohibition against strikes and to protect the
 delivery of vital public services.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15913-01-8

 S. 8683                             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.  (A)  The term "terms and conditions of employment" means salaries,
 wages, hours 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.
   (B) (I) NOTWITHSTANDING ANY OTHER GENERAL  OR  SPECIAL  LAW,  RULE  OR
 REGULATION  TO  THE CONTRARY, "TERMS AND CONDITIONS OF EMPLOYMENT" SHALL
 INCLUDE FOR ALL EMPLOYEES WHO ARE POLICE OFFICERS UNDER LAW ALTERNATIVES
 TO ANY STATUTORY OR REGULATORY DISCIPLINARY PROVISIONS RELATING  TO  THE
 ADJUDICATION AND DISPOSITION OF DISCIPLINARY CHARGES EXCEPT THOSE CHARG-
 ES  ALLEGING  A POLICE OFFICER HAS USED UNLAWFUL, UNAUTHORIZED OR EXCES-
 SIVE FORCE IN THE COURSE OF EMPLOYMENT.
   (II) NOTHING IN THIS SUBDIVISION SHALL IMPAIR THE RIGHT  OF  A  PUBLIC
 EMPLOYEE  UNDER ANY STATE LAW TO ELECT COVERAGE UNDER EITHER A STATUTORY
 DISCIPLINARY SYSTEM OR AN ALTERNATIVE DISCIPLINARY SYSTEM ESTABLISHED BY
 COLLECTIVE NEGOTIATIONS, UNLESS ANY SUCH STATE LAW REQUIRES  OR  AUTHOR-
 IZES EXCLUSIVITY OF A NEGOTIATED DISCIPLINARY SYSTEM.
   § 3. This act shall take effect immediately.

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Senate Bill S8683

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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2017-S8683 (ACTIVE) - Details

2017-S8683 (ACTIVE) - Summary

2017-S8683 (ACTIVE) - Sponsor Memo

2017-S8683 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

2017-S8683 (ACTIVE) - Details

2017-S8683 (ACTIVE) - Summary

2017-S8683 (ACTIVE) - Sponsor Memo

2017-S8683 (ACTIVE) - Bill Text download pdf

Comments