NY State Senate Bill 2019-S8677

Senate Bill S8677

2019-2020 Legislative Session

Relates to removing police officer discipline from collective bargaining in cities with a population between one hundred thirty-nine thousand and one hundred forty-five thousand

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 06, 2020	referred to rules

2019-S8677 (ACTIVE) - Details

See Assembly Version of this Bill:: A10740
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Add §204-b, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: S4433, A910

2019-S8677 (ACTIVE) - Summary

Removes police officer discipline from collective bargaining in cities with a population between one hundred thirty-nine thousand and one hundred forty-five thousand.

2019-S8677 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8677

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the civil service law, in relation to removing police
officer discipline from collective bargaining in cities with a popu-
lation between one hundred thirty-nine thousand and one hundred forty-
five thousand

 
PURPOSE:

To clarify that police discipline procedures in the City of Syracuse are
a prohibited subject of collective bargaining.

 
SUMMARY OF PROVISIONS:

Section 1: Adds new section 204-b to the Civil Service Law removing
police officer discipline as a subject of collective bargaining in
cities with a population between one hundred thirty-nine thousand and
one hundred forty-five thousand. Additionally, it states that sections

75 and 76 of the Civil Service is no longer applicable in police disci-
pline matters.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

In the City of New York/Town of Orangetown, 6 NY.3d 563 (2006), the NY
Court of Appeals held that police discipline is a prohibited subject of
collective bargaining. In that decision, the Court indicated a strong
public policy in favor of placing police disciplinary matters under the
sole control of the municipality. In a subsequent case, Matter of Sche-
nectady, 30 N.Y.3d 109 (2017), the Court also held police discipline is
a prohibited subject of bargaining in cities where the Second Class
Cities Law applies.

The City of Syracuse is seeking legislation to clarify that the Second
Class Cities Law applies to police discipline in Syracuse and is a
prohibited subject of bargaining. This bill will ensure that the City
can retain authority over police discipline to ensure that cases are
adjudicated in an open and transparent manner.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2019-S8677 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8677
 
                             I N  S E N A T E
 
                               July 6, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil service law, in relation  to  removing  police
   officer  discipline  from collective bargaining in cities with a popu-
   lation between  one  hundred  thirty-nine  thousand  and  one  hundred
   forty-five thousand

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding  a  new  section
 204-b to read as follows:
   § 204-B. DISCIPLINARY PRACTICES FOR POLICE OFFICERS IN CERTAIN CITIES.
 1.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 INCLUDING BUT NOT LIMITED TO, SECTIONS TWO HUNDRED THROUGH  TWO  HUNDRED
 FIFTEEN  OF  THIS ARTICLE OR DECISIONS REGARDING SUCH SUBJECT MATTER, IN
 CITIES WITH A POPULATION BETWEEN ONE HUNDRED  THIRTY-NINE  THOUSAND  AND
 ONE  HUNDRED FORTY-FIVE THOUSAND, ALL MATTERS RELATING TO THE DISCIPLINE
 OF POLICE OFFICERS, INCLUDING BUT NOT LIMITED TO,  MATTERS  RELATING  TO
 INVESTIGATIONS, HEARING PROCEDURES OR PENALTY DETERMINATIONS, SHALL BE A
 PROHIBITED  SUBJECT  OF  BARGAINING BETWEEN THE CITY AND SUCH CITY'S LAW
 ENFORCEMENT LABOR EMPLOYEE ORGANIZATIONS.  SUCH  MATTERS  ARE  EXPRESSLY
 REMOVED FROM THE SCOPE OF COLLECTIVE BARGAINING. ANY COLLECTIVE BARGAIN-
 ING  AGREEMENT  OR  PORTION  THEREOF,  OR  CUSTOM OR PRACTICE RELATED TO
 MATTERS OF POLICE DISCIPLINE  BETWEEN  THE  CITY  AND  SUCH  CITY'S  LAW
 ENFORCEMENT  EMPLOYEE  ORGANIZATIONS INCONSISTENT WITH THE PROVISIONS OF
 THIS SECTION ARE HEREBY DECLARED TO  BE  VOID.  ALL  MATTERS  OF  POLICE
 DISCIPLINE ARE HEREBY RESERVED FOR DETERMINATION BY THE CITY.
   2.  SECTIONS SEVENTY-FIVE AND SEVENTY-SIX OF THIS CHAPTER SHALL NOT BE
 APPLICABLE WITH RESPECT TO  ALL  MATTERS  RELATING  TO  LAW  ENFORCEMENT
 PERSONNEL  IN  CITIES  WITH A POPULATION BETWEEN ONE HUNDRED THIRTY-NINE
 THOUSAND AND ONE HUNDRED FORTY-FIVE THOUSAND.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16844-01-0

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