S T A T E O F N E W Y O R K
________________________________________________________________________
4433
2021-2022 Regular Sessions
I N S E N A T E
February 4, 2021
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Introduced by Sen. MAY -- 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 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.