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A06553 Summary:

A06553 Actions:

A06553 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A6553
 
SPONSOR: Perry (MS)

 
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 coop-
erate 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 oper-
ate 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.

A06553 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6553
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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    § 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    §  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