Bill Text: NY S05803 | 2019-2020 | General Assembly | Introduced

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Bill Title: Preserves the ability of firefighters and police officers to negotiate disciplinary procedures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S05803 Detail]

Download: New_York-2019-S05803-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5803

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced by Sen. GOUNARDES -- 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 the negotiability
          of discipline affecting public employees

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  findings  and  declarations. The legislature
     2  hereby finds, declares and reaffirms that  the  1967  Public  Employees'
     3  Fair Employment Act establishes that the public policy of the state, and
     4  the  purpose  of  the  act,  is  to  promote  harmonious and cooperative
     5  relationships between government and its employees and  to  protect  the
     6  public  by  assuring, at all times, the orderly and uninterrupted opera-
     7  tion and functions of government. Included among  the  policies  adopted
     8  was  the  requirement that the state, local governments, and other poli-
     9  tical subdivisions negotiate and enter  into  agreements  with  employee
    10  organizations  about  terms  and conditions of employment. Over the many
    11  years subsequent to the enactment of  such  act,  the  negotiability  of
    12  discipline,  including  disciplinary procedures, has been fully endorsed
    13  by the public employment relations  board  and  disciplinary  procedures
    14  have  been incorporated into collective bargaining agreements throughout
    15  the state. The legislature now declares that this practice of  negotiat-
    16  ing  fair  disciplinary  protections and procedures for public employees
    17  must continue.
    18    A recent court of appeals' decision involving police officers  in  the
    19  city of Schenectady has erroneously declared that the "public policy" of
    20  the  state  is  to  prohibit  absolutely the negotiation of disciplinary
    21  procedures in certain places where there exist legislative enactments on
    22  the subject of discipline. The legislature declares a necessity for  the
    23  enactment  of this act to ensure that discipline, including disciplinary
    24  procedures, will continue as a mandatory subject of  collective  negoti-
    25  ation, and that collective bargaining agreements addressing that subject

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07900-01-9
        S. 5803                             2

     1  remain  valid  and  enforceable  and  to enhance the prohibition against
     2  strikes and the protection  against  the  destruction  of  vital  public
     3  services delivered by public employees throughout the state.
     4    § 2. Subdivision 4 of section 201 of the civil service law, as amended
     5  by chapter 606 of the laws of 1992, is amended to read as follows:
     6    4. The term "terms and conditions of employment" means:
     7    (a)  salaries,  wages, hours and other terms and conditions of employ-
     8  ment provided, however, that such term shall not  include  any  benefits
     9  provided by or to be provided by a public retirement system, or payments
    10  to  a  fund  or insurer to provide an income for retirees, or payment to
    11  retirees or their beneficiaries. No such retirement  benefits  shall  be
    12  negotiated  pursuant  to  this  article,  and any benefits so negotiated
    13  shall be void.
    14    (b) In addition, the terms and conditions of employment for firefight-
    15  ers and police officers shall include  discipline,  disciplinary  proce-
    16  dures  including  alternatives  to  any  statutory  disciplinary system,
    17  provided, however, that any right of firefighters  and  police  officers
    18  under the terms of any state law to elect coverage under either a statu-
    19  tory disciplinary system or a disciplinary system established by collec-
    20  tive  negotiations  shall  not  be  impaired,  unless any such state law
    21  authorizes exclusivity of a negotiated disciplinary system and  provided
    22  further  that  no provision contained in the town law, general city law,
    23  second class cities law, general municipal law, municipal home rule law,
    24  county law, or other state, local, special law or charter provision,  or
    25  any  special  police  act  or  other special act created by local law or
    26  charter or otherwise created, or this chapter shall  prevent  or  impair
    27  the  right to collective bargaining for or to modify disciplinary proce-
    28  dures.
    29    § 3. Section 204-a of the civil service law is amended by adding a new
    30  subdivision 4 to read as follows:
    31    4. The terms of any current or expired  agreement  or  interest  arbi-
    32  tration award between any public employer and any public employee organ-
    33  ization  representing  firefighters  or  police officers relating to the
    34  discipline of any firefighters or police officers shall be deemed  valid
    35  and enforceable from the effective date of this subdivision.
    36    § 4. This act shall take effect immediately.