A06553 Summary:

BILL NO    A06553 

SAME AS    No same as 

SPONSOR    Perry (MS)

COSPNSR    

MLTSPNSR   Clark, Cook, Glick, Hooper, Ortiz, Rivera, Wright

Add S211-b, Lab L

Voids as contrary to public policy provision in contracts for employment in law
enforcement agencies which permit an employee to refuse to cooperate with
agency officials investigating an incident for a period of time following such
incident; applies prospectively.
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A06553 Actions:

BILL NO    A06553 

03/26/2015 referred to labor
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A06553 Votes:

There are no votes for this bill in this legislative session.
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A06553 Memo:

BILL NUMBER:A6553

TITLE OF BILL:  An act to amend the labor law, in relation to
contracts for employment in law enforcement agencies

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the inclusion of the 48 hour rule in labor agreements or
contracts with law enforcement agencies which purport to create a
period of time during which an employee may not be subject to
questioning by agency officials regarding incidents which are, or may
become the subject of a departmental investigation, or disciplinary
process.

SUMMARY OF SPECIFIC PROVISIONS:

This bill amends the Labor Law by adding a new section 211-B to
prohibit certain contractual agreements relating to the employment of
law enforcement officers in the State of New York. Specifically,
contracts, covenants, agreements or understandings in, or in
connection with, or collateral to an agreement or contract for
employment in any law enforcement agency in the State, shall not
include language or provision which provides an employee who may be
involved in or be the subject of a departmental or disciplinary
investigation, the right to refuse to cooperate with, or speak to
department officials for a designated period.

Section 2. makes the bill applicable to all contracts entered into
after the bill becomes law.

JUSTIFICATION:

While being the fourth most populous state in the nation, New York is
home to numerous municipal law enforcement agencies, each of which
operate independently, negotiating their individual labor contracts
with various labor organizations and police federations that represent
their employees.  The largest of New York's municipal police
departments is the N.Y.P.D., and since New York State laws do not
prohibit it, the N.Y.P.D. has continued to include in its labor
contract a provision known as the "48 Hour Rule".

The 48 Hour Rule provides that an officer under investigation as a
suspect (not witness) involved in an incident is not required to speak
to any ranking member(s) of the department, or a prosecutor about the
incident for two business days (48 hours) following the time the
officer becomes a suspect. Officers who are witnesses cannot be
questioned for four (4) hours after being identified as a witness.  If
at any time a witness is in danger of becoming a suspect the 48 Hour
Rule takes effect.

According to the New York City Task Force on Police Community
Relations, the public's perception of the 48 Hour Rule is that it
provides the Suspected officer with a 48 hour opportunity to
corroborate the story to fit the evidence, and thereby gives the
police an unfair advantage. Further as the public perception increases
the idea that police officers are held accountable for violating the
rights of New Yorkers.


Prohibiting the inclusion of any language or provision which allows a
48 Hour Rule in future labor agreements is good public policy and
worthy of adoption.

PRIOR LEGISLATIVE HISTORY:

2013-2014 A.4732
2011-2012 A.4017
2009-2010 A.3540
2007-2008 A.3995
2006-2007 A.3687
2005-06 A.3687
2003-04 A.5232
2001-02 A.3561
1999-00 A.6415
1997-98 A.8963

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect immediately, and shall apply to all
contracts entered into, renewed, modified or amended on and after such
date.
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A06553 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6553

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 26, 2015
                                      ___________

       Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. CLARK,
         COOK, GLICK, HOOPER, ORTIZ, RIVERA, WRIGHT -- read once  and  referred
         to the Committee on Labor

       AN  ACT  to amend the labor law, in relation to contracts for employment
         in law enforcement agencies

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The labor law is amended by adding a new section 211-b to
    2  read as follows:
    3    S 211-B.  CONTRACTS;  LAW  ENFORCEMENT  AGENCIES;  CERTAIN  PROVISIONS
    4  PROHIBITED.  NO CONTRACT, COVENANT, AGREEMENT OR UNDERSTANDING IN, OR IN
    5  CONNECTION WITH OR COLLATERAL TO AN AGREEMENT OR CONTRACT FOR EMPLOYMENT
    6  IN ANY LAW ENFORCEMENT AGENCY IN THIS STATE SHALL CONTAIN ANY  PROVISION
    7  OR LANGUAGE WHICH PERMITS ANY EMPLOYEE OF SUCH AGENCY WHO IS INVOLVED IN
    8  AN  INCIDENT,  WHICH  IS  OR MAY BECOME THE SUBJECT OF A DEPARTMENTAL OR
    9  AGENCY INVESTIGATION OR DISCIPLINARY PROCESS,  TO  REFUSE  TO  COOPERATE
   10  WITH  OR SPEAK TO AGENCY OR DEPARTMENT OFFICIALS FOR A DESIGNATED PERIOD
   11  OF TIME FOLLOWING SUCH INCIDENT. ANY SUCH LANGUAGE  OR  PROVISION  WHICH
   12  PURPORTS TO CREATE SUCH A PERIOD OF TIME DURING WHICH AN EMPLOYEE IS NOT
   13  REQUIRED  TO REPORT AN INCIDENT OR DURING WHICH SUCH EMPLOYEE MAY NOT BE
   14  SUBJECT TO QUESTIONING BY AGENCY  OFFICIALS  SHALL  BE  DEEMED  VOID  AS
   15  AGAINST PUBLIC POLICY.
   16    S  2.  This  act  shall take effect immediately and shall apply to all
   17  contracts entered into, renewed, modified or amended on  or  after  such
   18  effective date.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03295-01-5
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