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This entry was published on 2014-09-22
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Social Services (SOS) CHAPTER 55, ARTICLE 2
§ 20-c. Privatization. 1. (a) Except as otherwise specified in the
appropriation for system support and information services program in the
office of temporary disability assistance within the department of
family assistance, or as authorized by subdivision two-a of section
twenty-two of this article, the department shall not enter into any
contract with a private entity under which that entity would perform any
of the public assistance and care eligibility determination functions,
duties or obligations of the department as set forth in this chapter.

(b) Social services districts may enter into a contract or agreement
for the performance of functions, duties or obligations required to be
performed pursuant to this chapter, however, the collective bargaining
representative of employees who normally perform such functions or
provide such services for such social services district shall be
permitted the opportunity to competitively bid for any contract let
pursuant to this section with the overall cost and quality of the
proposal being major criteria in the selection.

2. No contract with a contractor for services pursuant to this section
shall be entered into by the office or district unless the office or
district contracting for such service has:

(a) Provided the certified collective bargaining organization
representing the permanent employees affected by the district's exercise
of its right to contract out with sixty days advance notice of its
intent to contract out for services pursuant to this section;

(b) Considered whether the proposed contract will result in actual
cost savings to the office; and

(c) Evaluated and made a favorable determination based upon a required
disclosure of information from the potential contractor regarding any
final actions relating to (a) the responsibility taken by any
contracting agency, law enforcement authority or the department of labor
against bidders, contractors or subcontractors and (b) debarments
pursuant to express statutory authorization.

3. A contract shall not be approved unless it contains a description
of the service quality expectations pursuant to the contract and a
description of the method by which the quality of services shall be
monitored and evaluated by the district based upon specific performance
measures contained in the contract. The proposed contract must include
specific provisions pertaining to the qualifications of the staff that
will perform the work under the contract. The proposed contract shall
contain specific information regarding the actual number of employees to
be retained, hours of work, wage rates and associated benefit levels,
titles, and job descriptions.

4. Existing rights. Nothing in this section shall be deemed to
diminish the rights, privileges, or remedies of any employee under any
other local law or under the applicable collective bargaining agreement.

5. The provisions of this section shall not impair, restrict or
otherwise modify applicable restrictions contained in federal law and
regulations promulgated thereto.