Senate Bill S5803

2019-2020 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 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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2019-S5803 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §§201 & 204-a, Civ Serv L
Versions Introduced in 2017-2018 Legislative Session:
S8270, A10736

2019-S5803 (ACTIVE) - Summary

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

2019-S5803 (ACTIVE) - Sponsor Memo

2019-S5803 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2019-2020 Regular Sessions
                             I N  S E N A T E
                               May 15, 2019
 Introduced by Sen. GOUNARDES -- 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
   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
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.


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