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Assembly Bill A5156

2019-2020 Legislative Session

Requires public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined

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Archive: Last Bill Status - In Assembly Committee

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2019-A5156 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §209, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4197
2011-2012: A2282
2013-2014: A2037
2015-2016: A7079
2017-2018: A1948

2019-A5156 (ACTIVE) - Summary

Requires the public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined in this bill.

2019-A5156 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5156
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. SCHIMMINGER, PEOPLES-STOKES, ZEBROWSKI, GOODELL
   -- Multi-Sponsored by -- M. of A. DiPIETRO -- read once  and  referred
   to the Committee on Governmental Employees
 
 AN  ACT  to  amend  the  civil service law, in relation to binding arbi-
   tration for certain public employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subparagraph (v) of paragraph (c)
 of subdivision 4 of section 209 of the civil service law, as amended  by
 chapter 216 of the laws of 1977, is amended to read as follows:
   the public arbitration panel shall make a just and reasonable determi-
 nation of the matters in dispute. In arriving at such determination, the
 panel  shall CONSIDER, ABOVE ALL OTHER FACTORS, THE FINANCIAL ABILITY OF
 THE PUBLIC EMPLOYER TO PAY. THE PUBLIC EMPLOYER'S ABILITY TO  PAY  SHALL
 BE  DEFINED  AS EXISTING FISCAL CAPACITY WITHOUT RESORT TO EITHER NEW OR
 INCREASED TAXATION INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF  TAXATION
 IN  THE POLITICAL SUBDIVISION COMPARED TO SIMILAR POLITICAL SUBDIVISIONS
 IN OTHER AREAS OF THE STATE, THE TAX  BASE,  ANY  EVIDENCE  OF  ECONOMIC
 DECLINE  AND  ANY  OTHER  APPLICABLE  MEASURES  OF  FISCAL  DISTRESS, OR
 EXTRAORDINARY REDUCTIONS IN OTHER GOVERNMENTAL EXPENDITURES.  THE  ARBI-
 TRATION PANEL SHALL ALSO CONSIDER THE COMPETING FINANCIAL OBLIGATIONS OF
 THE  PUBLIC  EMPLOYER  WHICH  MAY  BE AFFECTED BY SUCH DETERMINATION AND
 SPECIFICALLY THE IMPACT OF ANY SUCH  DETERMINATION  ON  ONGOING  NEGOTI-
 ATIONS  OR SUCCESSOR NEGOTIATIONS WITH EMPLOYEE ORGANIZATIONS REPRESENT-
 ING OTHER EMPLOYEES OF THE PUBLIC EMPLOYER.  THE ARBITRATION PANEL SHALL
 SPECIFY ITS RATIONALE IN THE DETERMINATION, INCLUDING THE  CONSIDERATION
 OF  SUCH  ABILITY OF THE PUBLIC EMPLOYER TO PAY WITHOUT RESORT TO NEW OR
 INCREASED TAXATION. THE PANEL SHALL specify the basis for its  findings,
 taking  into  SECONDARY consideration, in addition to any other relevant
 factors, the following:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03824-01-9

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