S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4834
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. FITZPATRICK -- 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
 BODY'S  WEBPAGE.  THE GOVERNING BODY SHALL ALSO POST NOTICE WITHIN TWEN-
 TY-FOUR HOURS AT ITS REGULAR MEETING PHYSICAL POSTING LOCATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08527-01-3
              

 A. 4834                             2
 
   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.