S T A T E O F N E W Y O R K
________________________________________________________________________
5638
2021-2022 Regular Sessions
I N A S S E M B L Y
February 22, 2021
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Introduced by M. of A. FITZPATRICK, MONTESANO -- Multi-Sponsored by --
M. of A. MANKTELOW -- read once and referred to the Committee on
Labor
AN ACT to amend the labor law, in relation to negotiations between a
governing board and a labor organization
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 710 of the labor law, as amended by section 7 of
part O of chapter 56 of the laws of 2010, is amended to read as follows:
§ 710. Public records and proceedings. 1. ALL NEGOTIATIONS BETWEEN A
GOVERNING BOARD AND A LABOR ORGANIZATION SHALL BE IN OPEN SESSION AND
SHALL BE AVAILABLE FOR THE PUBLIC TO ATTEND. THIS REQUIREMENT SHALL
APPLY TO NEGOTIATIONS BETWEEN A GOVERNING BOARD'S DESIGNATED REPRESEN-
TATIVES AND REPRESENTATIVES OF A LABOR ORGANIZATION. THIS REQUIREMENT
SHALL ALSO APPLY TO MEETINGS WHERE LABOR NEGOTIATION ARBITRATORS, MEDIA-
TORS OR SIMILAR LABOR DISPUTE MEETING FACILITATORS ARE PRESENT.
PROVIDED, HOWEVER, THAT A GOVERNING BOARD OR ITS DESIGNATED REPRESEN-
TATIVES MAY HOLD AN EXECUTIVE SESSION FOR THE PURPOSES OF: (A) CONSIDER-
ING A LABOR CONTRACT OFFER OR TO FORMULATE A COUNTEROFFER, OR (B)
RECEIVING INFORMATION ABOUT A SPECIFIC EMPLOYEE, WHEN THE INFORMATION
HAS A DIRECT BEARING ON THE ISSUES BEING NEGOTIATED AND A REASONABLE
PERSON WOULD CONCLUDE THAT THE RELEASE OF SUCH INFORMATION WOULD VIOLATE
THAT EMPLOYEE'S RIGHT TO PRIVACY.
2. ALL DOCUMENTATION EXCHANGED BETWEEN THE PARTIES DURING NEGOTI-
ATIONS, INCLUDING ALL OFFERS, COUNTEROFFERS AND MEETING MINUTES SHALL BE
SUBJECT TO PUBLIC WRITINGS DISCLOSURE LAWS.
3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERNING
BODY SHALL POST NOTICE OF ALL NEGOTIATION SESSIONS AT LEAST FOURTEEN
CALENDAR DAYS PRIOR TO THE BEGINNING OF SUCH SESSIONS. THE MINIMUM
ACCEPTABLE NOTIFICATION WILL BE ON THE FRONT PAGE OF THE GOVERNING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08059-01-1
A. 5638 2
BODY'S WEBPAGE. THE GOVERNING BODY SHALL ALSO POST NOTICE WITHIN TWEN-
TY-FOUR HOURS AT ITS REGULAR MEETING PHYSICAL POSTING LOCATIONS.
4. THE GOVERNING BOARD SHALL PROVIDE A FINANCIAL ANALYSIS OF EACH
PROPOSED CONTRACT WHICH SHALL DETAIL THE ANNUAL COST OF THE PROPOSED
CONTRACT AS WELL AS THE OVERALL COST OF THE CONTRACT.
5. Subject to rules and regulations to be made by the board consistent
with article six of the public officers law, the complaints, orders and
testimony relating to a proceeding instituted by the board under section
seven hundred six of this article may be made public records and be made
available for inspection or copying. All proceedings pursuant to section
seven hundred six of this article shall be open to the public.
§ 2. This act shall take effect immediately.