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