Senate Bill S7435

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7435
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 14, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 safe staffing  for
   public employees of institutional settings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. It is in the interest and the responsi-
 bility of the state and local governments to provide for a safe,  stable
 and  humane environment for residents and staff of the custodial facili-
 ties within the state of New York. The maintenance of  order,  security,
 safety  and  care for all in custodial facilities currently falls upon a
 workforce stretched beyond its  limits.  Recruitment  and  retention  of
 staff  is  at  a  crisis  at all levels and in all facilities within the
 state. Double and triple shifts are the norm, creating unsafe conditions
 for residents and staff. Therefore, it is in the interest of  the  state
 to set maximum overtime levels to ensure staff safety and a humane envi-
 ronment for residents of custodial facilities.
   §  2.  The civil service law is amended by adding a new section 137 to
 read as follows:
   § 137. SAFE STAFFING FOR PUBLIC EMPLOYEES OF  INSTITUTIONAL  SETTINGS.
 1. THIS SECTION SHALL APPLY TO AND COVER THE FOLLOWING FACILITIES:
   (A) CORRECTIONAL FACILITIES, AS DEFINED BY SUBDIVISION FOUR OF SECTION
 TWO OF THE CORRECTION LAW.
   (B)  LOCAL  CORRECTIONAL FACILITIES, AS DEFINED BY SUBDIVISION SIXTEEN
 OF SECTION TWO OF THE CORRECTION LAW.
   (C) FACILITIES REGULATED BY THE OFFICE OF MENTAL  HEALTH  PURSUANT  TO
 SECTION 7.17 OF THE MENTAL HYGIENE LAW.
   (D)  JUVENILE  OFFENDER AND ADOLESCENT OFFENDER FACILITIES PURSUANT TO
 SECTION FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13253-03-1
 S. 7435                             2
 
              

   (E) FACILITIES REGULATED BY THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES PURSUANT TO TITLE FOURTEEN OF THE NEW YORK CODES, RULES AND
 REGULATIONS.
   2.  (A)  EXCEPT  DURING  A DECLARED STATE OF EMERGENCY, DEFINED AS THE
 EVENT OF RIOTS, PRISON BREAKS OR  OTHER  SIMILAR  EMERGENCIES,  OR  WITH
 TWENTY-FOUR  HOUR  NOTICE  TO  THE  HEAD  OF  THE  FACILITY'S COLLECTIVE
 BARGAINING UNIT, A FACILITY SHALL  NOT  MANDATE  OR  OTHERWISE  REQUIRE,
 DIRECTLY  OR  INDIRECTLY, AN EMPLOYEE TO WORK OR BE ON DUTY IN EXCESS OF
 ANY ONE OF THE FOLLOWING:
   (I) THE SCHEDULED WORK SHIFT OR DUTY PERIOD;
   (II) SEVENTEEN HOURS IN A TWENTY-FOUR HOUR PERIOD, INCLUDING TIME  FOR
 MEAL BREAKS; OR
   (III) EIGHTY HOURS IN A CONSECUTIVE FOURTEEN-DAY PERIOD.
   (B)  FOR  PURPOSES  OF  THIS  SUBDIVISION, "MANDATE" MEANS ANY REQUEST
 WHICH, IF REFUSED OR DECLINED BY THE EMPLOYEE, MAY RESULT IN  DISCHARGE,
 DISCIPLINE,  LOSS OF PROMOTION, OR OTHER ADVERSE EMPLOYMENT CONSEQUENCE.
 NOTHING IN THIS SECTION IS INTENDED TO PROHIBIT AN EMPLOYEE FROM  VOLUN-
 TARILY WORKING OVERTIME.
   (C)  EXCEPT  DURING A DECLARED STATE OF EMERGENCY, AS DEFINED IN PARA-
 GRAPH (A) OF THIS SUBDIVISION:
   (I) NO EMPLOYEE SHALL WORK OR BE ON DUTY MORE THAN SEVENTEEN HOURS  IN
 ANY TWENTY-FOUR HOUR PERIOD.
   (II)  ANY  EMPLOYEE  WORKING  SEVENTEEN  HOURS IN ANY TWENTY-FOUR HOUR
 PERIOD MUST HAVE AT LEAST EIGHT CONSECUTIVE HOURS OFF DUTY BEFORE  BEING
 REQUIRED TO RETURN TO DUTY.
   (III)  NO  EMPLOYEE  SHALL BE REQUIRED TO WORK OR BE ON DUTY MORE THAN
 SEVEN CONSECUTIVE DAYS WITHOUT AT LEAST ONE CONSECUTIVE TWENTY-FOUR HOUR
 PERIOD OFF DUTY WITHIN THAT TIME.
   3. A WORK SHIFT SCHEDULE OR OVERTIME PROGRAM ESTABLISHED PURSUANT TO A
 COLLECTIVE BARGAINING AGREEMENT NEGOTIATED ON BEHALF OF  THE  HEALTHCARE
 EMPLOYEES  BY  A  BONA FIDE LABOR ORGANIZATION MAY PROVIDE FOR MANDATORY
 ON-DUTY HOURS IN EXCESS OF THAT PERMITTED UNDER THIS  SECTION,  PROVIDED
 ADEQUATE MEASURES ARE INCLUDED IN THE AGREEMENT TO ENSURE AGAINST EXCES-
 SIVE FATIGUE ON THE PART OF THE AFFECTED EMPLOYEES.
   4.  THE  ADMINISTRATORS OF A FACILITY COVERED UNDER THIS SECTION SHALL
 FILE A REPORT ON A QUARTERLY BASIS TO THE EXECUTIVE OFFICER, LEGISLATIVE
 BODY OF THE POLITICAL SUBDIVISION OF SUCH FACILITY AND THE HEAD OF  SUCH
 FACILITY'S  COLLECTIVE  BARGAINING  UNITS,  WHO SHALL, UPON REVIEW, MAKE
 SUCH REPORTS AVAILABLE TO THE PUBLIC  ON  THE  FACILITY'S  OR  GOVERNING
 AGENCY'S WEBSITE. SUCH QUARTERLY REPORT SHALL INCLUDE THE FOLLOWING:
   (A) INFORMATION ON CURRENT STAFFING LEVELS BY POSITION OR TITLE;
   (B) STAFF RESIGNATIONS AND RETIREMENTS;
   (C)  NUMBER  OF FULL-TIME EQUIVALENT POSITIONS THAT HAVE BEEN BUDGETED
 FOR;
   (D) WAITING LISTS FOR INDIVIDUALS ELIGIBLE TO RECEIVE CARE IN A  RESI-
 DENTIAL SETTING;
   (E) STEPS TAKEN TO RECRUIT STAFF FOR NEW OR VACANT POSITIONS;
   (F) ASSAULTS AND INJURIES TO STAFF, INCLUDING BUT NOT LIMITED TO SEXU-
 AL  ASSAULTS; AND STAFF ON MEDICALLY MONITORED OR INDEFINITE SICK LEAVE;
 AND
   (G) ADDITIONAL  INFORMATION  FOR  CORRECTIONAL  FACILITIES,  INCLUDING
 CLASSIFICATION  OF  INMATES BY FACILITY AND INFORMATION ON MANNED POSTS,
 PERMANENT FACILITY POSTS, AND TEMPORARY POSTS.
   5. THE PROVISIONS OF THIS SECTION ARE INTENDED AS A  REMEDIAL  MEASURE
 TO  ENSURE STAFF SAFETY AND A HUMANE ENVIRONMENT FOR RESIDENTS OF CUSTO-
 DIAL FACILITIES, AND SHALL NOT BE CONSTRUED TO  DIMINISH  OR  WAIVE  ANY
 S. 7435                             3
 
 RIGHTS OF ANY EMPLOYEE PURSUANT TO ANY OTHER LAW, REGULATION, OR COLLEC-
 TIVE BARGAINING AGREEMENT.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.