S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10371
 
                           I N  A S S E M B L Y
 
                              April 18, 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 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.
                                                            LBD15390-01-8

 A. 10371                            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) 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  ANY ASPECT OF POLICE OFFICER DISCIPLINE THAT IS A
 TERM AND CONDITION OF EMPLOYMENT AS PROVIDED IN THIS  SUBDIVISION  WHICH
 WERE  INVALIDATED  OR  RENDERED  UNENFORCEABLE BY ANY DECISION, ORDER OR
 JUDGMENT OF ANY  COURT,  ADMINISTRATIVE  AGENCY  OR  OTHER  ADJUDICATORY
 TRIBUNAL  SHALL  BE  DEEMED  VALID  FROM THE DATE ANY SUCH AGREEMENTS OR
 AWARDS WERE FIRST REACHED OR ISSUED,  AND  THOSE  AGREEMENTS  OR  AWARDS
 SHALL  BE APPLIED AND ENFORCED AS TO ANY DISCIPLINARY CHARGES PENDING AT
 THE EFFECTIVE DATE OF THE CHAPTER OF LAWS OF TWO THOUSAND EIGHTEEN  THAT
 AMENDED THIS SUBDIVISION AND TO ANY DISCIPLINARY CHARGES FILED THEREAFT-
 ER.
   (III)  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.