S T A T E O F N E W Y O R K
________________________________________________________________________
4434
2021-2022 Regular Sessions
I N S E N A T E
February 4, 2021
___________
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 the state
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. 1. NOTWITHSTAND-
ING 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, ALL MATTERS RELATING
TO THE DISCIPLINE OF POLICE OFFICERS, INCLUDING BUT NOT LIMITED TO,
MATTERS RELATING TO INVESTIGATIONS, HEARING PROCEDURES OR PENALTY DETER-
MINATIONS, SHALL BE A PROHIBITED SUBJECT OF BARGAINING BETWEEN THE MUNI-
CIPALITY AND SUCH MUNICIPALITY'S LAW ENFORCEMENT LABOR EMPLOYEE ORGAN-
IZATIONS. SUCH MATTERS ARE EXPRESSLY REMOVED FROM THE SCOPE OF
COLLECTIVE BARGAINING. ANY COLLECTIVE BARGAINING AGREEMENT OR PORTION
THEREOF, OR CUSTOM OR PRACTICE RELATED TO MATTERS OF POLICE DISCIPLINE
BETWEEN THE MUNICIPALITY AND SUCH MUNICIPALITY'S LAW ENFORCEMENT EMPLOY-
EE 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 MUNICIPALITY.
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 MUNICIPALITIES IN THE STATE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01829-01-1