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A00309 Summary:

MLTSPNSRCook, Glick, Hooper, Ortiz, Rivera
Add 211-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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A00309 Actions:

01/05/2017referred to labor
01/03/2018referred to labor
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A00309 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the labor law, in relation to contracts for employment in law enforcement agencies   PURPOSE: 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: Section one of the bill adds § 211-b to the labor law 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, is prohibited from including language or provisions 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 two of the bill provides the effective date.   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- ates 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 New York City Police Department (NYPD), and since New York State laws do not prohibit it, the NYPD 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 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 advan- tage.Further, the public perception that police officers are held accountable for violating the rights of New Yorkers has increased. 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: 2015-2016:A.6553- Referred to Labor 2013-2014:A.4732- Referred to Labor 2011-2012:A.4017- Referred to Labor 2009-2010:A.3540- Referred to Labor 2007-2008:A.3995- Referred to Labor 2005-2006:A.3687- Referred to Labor 2003-2004:A.5232- Referred to Labor 2001-2002:A.3561- Referred to Labor 1999-2000:A.6415- Referred to Labor 1998: A.8963 - Referred to Labor   FISCAL IMPLICATIONS: None to the State   EFFECTIVE DATE: Immediately and will apply to all contracts entered into, renewed, modi- fied or amended on and after such date.
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A00309 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 5, 2017
        Introduced  by  M.  of  A. PERRY -- Multi-Sponsored by -- M. of A. COOK,
          GLICK, HOOPER, ORTIZ, RIVERA -- read once and referred to the  Commit-
          tee 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.
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