A02442 Summary:

BILL NOA02442
 
SAME ASSAME AS S07436
 
SPONSORMontesano
 
COSPNSRLupardo, Curran, Lupinacci
 
MLTSPNSRTenney
 
Add S207-m, Gen Muni L
 
Relates to salary increases for heads of police departments of municipalities, districts or authorities.
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A02442 Actions:

BILL NOA02442
 
01/16/2015referred to governmental employees
01/06/2016referred to governmental employees
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A02442 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2442
 
SPONSOR: Montesano (MS)
  TITLE OF BILL: An act to amend the general municipal law, in relation to salary increases for heads of police departments of municipalities, districts or authorities   PURPOSE OR GENERAL IDEA OF BILL: To require an immediate increase in a Police Chiefs salary, in the same dollar amount, if their direct subor- dinate received a salary increase.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires an immediate increase in a Police Chief's salary, in the same dollar amount, if their direct subordinate received a salary increase. Also, affirms that a newly hired Police Chief would not automatically begin with the salary of the previous Police Chief. Section 2 contains the effective date.   JUSTIFICATION: Since the repeal of General Municipal Law section 207-M in 2011, it has been reported that qualified individuals have turned down Police Chief positions, due to a disparity caused where some Police Chiefs will make less money than those under their supervision. This legislation will eliminate that disparity and guarantee that the head of the police department receives the highest salary.   PRIOR LEGISLATIVE HISTORY: 2012 - A.10404; A.4725 of 2014, held in Governmental Employees.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A02442 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2442
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2015
                                       ___________
 
        Introduced by M. of A. MONTESANO, LUPARDO -- Multi-Sponsored by -- M. of
          A.  TENNEY  -- read once and referred to the Committee on Governmental
          Employees
 
        AN ACT to amend  the  general  municipal  law,  in  relation  to  salary
          increases for heads of police departments of municipalities, districts
          or authorities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 207-m to read as follows:
     3    §  207-m.  Salary increases for heads of police departments of munici-
     4  palities, districts or authorities. 1. Notwithstanding the provisions of
     5  any general, special or local law or administrative code to the  contra-
     6  ry,  and except in police departments which employ five hundred seventy-
     7  five or more permanent sworn police personnel, whenever the base  salary
     8  or other compensation of the permanent full-time police officer who is a
     9  member of a negotiating unit and who is the highest ranking  subordinate
    10  to  the  head  of  the police department in such unit, is increased, the
    11  salary, as defined in subdivision two of this section, of the  permanent
    12  full-time  head  of the police department shall be increased by at least
    13  the same dollar amount of the base salary increase received by such next
    14  subordinate police officer, and the other compensation,  as  defined  in
    15  subdivision  two of this section, of the permanent full-time head of the
    16  police department shall be increased to the same  extent  and  with  the
    17  same  conditions as the other compensation received by the next subordi-
    18  nate police officer in the event that such subordinate  officer's  other
    19  compensation  is  increased.  The  provisions  of this section shall not
    20  apply to any head of a police department who is a member of a collective
    21  negotiating unit established pursuant to article fourteen of  the  civil
    22  service law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05088-01-5

        A. 2442                             2
 
     1    2.  For the purposes of this section, salary shall mean fixed periodic
     2  compensation payable by an employer to or for the account of the employ-
     3  ee for personal services rendered by such employee;  other  compensation
     4  shall  mean  all other forms of benefits which are credited to employees
     5  as  a  term  of employment, which shall specifically include, but not be
     6  limited to, employer contribution to or payments of insurance or welfare
     7  benefits and employer contributions to pension or annuity  funds.  Over-
     8  time,  holiday  and  shift  differential  pay shall not be considered as
     9  salary or other compensation unless by resolution, ordinance, special or
    10  local law the municipality, district  or  authority  elects  to  include
    11  these items of compensation within the employment benefit package of the
    12  permanent full-time head of the police department.
    13    3.  Employers  of  a permanent full-time head of the police department
    14  covered by this section shall not be  required  to  compensate  a  newly
    15  appointed  permanent full-time head of the police department at the same
    16  salary level as the permanent full-time head of  the  police  department
    17  who  occupied  the position immediately prior to such appointment. After
    18  such appointment, the salary and other compensation of a newly appointed
    19  permanent full-time head of police shall be subject to subdivisions  one
    20  and two of this section.
    21    § 2. This act shall take effect immediately.
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