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S02953 Summary:

BILL NO    S02953 





Establishes a special commission on compensation for state employees designated
managerial or confidential; provides for the powers and duties of such
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S02953 Actions:

BILL NO    S02953 

04/16/2013 1ST REPORT CAL.308
04/17/2013 2ND REPORT CAL.
06/20/2013 SUBSTITUTED BY A246
           A00246  AMEND=  Farrell (MS)
           01/09/2013 referred to governmental employees
           04/23/2013 reported referred to ways and means
           06/17/2013 reported referred to rules
           06/20/2013 reported 
           06/20/2013 rules report cal.583
           06/20/2013 ordered to third reading rules cal.583
           06/20/2013 passed assembly
           06/20/2013 delivered to senate
           06/20/2013 REFERRED TO RULES
           06/20/2013 SUBSTITUTED FOR S2953
           06/20/2013 3RD READING CAL.308
           06/20/2013 PASSED SENATE
           06/20/2013 RETURNED TO ASSEMBLY
           09/16/2013 delivered to governor
           09/27/2013 vetoed memo.211
           09/27/2013 tabled
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S02953 Votes:

There are no votes for this bill in this legislative session.
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S02953 Memo:

Memo not available
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S02953 Text:

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


                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 25, 2013

       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance

       AN ACT in relation to establishing a special commission on  compensation
         for state employees designated managerial or confidential, and provid-
         ing for its powers and duties


    1    Section 1. (a) On the first of April of every fourth year,  commencing
    2  April  1, 2013, there shall be established for such year a commission on
    3  managerial or confidential state employee compensation to examine, eval-
    4  uate and make recommendations with respect to adequate levels of compen-
    5  sation and non-salary benefits  for  managerial  or  confidential  state
    6  employees.  In  accordance  with  the  provisions  of  this section, the
    7  commission shall:
    8    (i) examine the prevailing adequacy of pay levels and non-salary bene-
    9  fits received by managerial or confidential employees of the  state  and
   10  determine whether any of such pay levels warrant adjustment; and
   11    (ii)  determine  whether,  for any of the four years commencing on the
   12  first of April of such years, following the year in which the commission
   13  is established, the annual salaries for the managerial  or  confidential
   14  employees of the state warrant adjustment.
   15    In  discharging  its responsibilities under paragraphs (i) and (ii) of
   16  this subdivision, the commission shall take into account all appropriate
   17  factors including, but not limited to: the administrative withholding of
   18  managerial or confidential employee salary increases pursuant to chapter
   19  10 of  the  laws  of  2008;  the  overall  economic  climate;  rates  of
   20  inflation; changes in public-sector spending; the levels of compensation
   21  and non-salary benefits received by unionized state employees; the main-
   22  tenance  of or attainment of proper salary differential between supervi-
   23  sors and their subordinates; the levels of compensation  and  non-salary

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       S. 2953                             2

    1  benefits  received  by  professionals  in  government,  and academia and
    2  private and nonprofit enterprise.
    3    (b)  The  commission shall consist of seven members to be appointed as
    4  follows: three  shall  be  appointed  by  the  governor;  one  shall  be
    5  appointed  by  the  temporary  president  of  the  senate;  one shall be
    6  appointed by the speaker of the assembly; one shall be appointed by  the
    7  comptroller;  and  one  shall  be  appointed  by the Organization of NYS
    8  Management Confidential Employees.  The  governor  shall  designate  the
    9  chair  of  the commission from among the members so appointed. Vacancies
   10  in the commission shall  be  filled  in  the  same  manner  as  original
   11  appointments. To the extent practicable, members of the commission shall
   12  have experience in one or more of the following:  determination of exec-
   13  utive  compensation, human resource administration and financial manage-
   14  ment.
   15    (c) The commission may meet, hold public hearings and shall  have  all
   16  the powers of a legislative committee pursuant to the legislative law.
   17    (d)  The  members  of the commission shall receive no compensation for
   18  their services but shall be allowed their actual and necessary  expenses
   19  incurred in the performance of their duties hereunder.
   20    (e) No member of the commission shall be disqualified from holding any
   21  other  public office or employment, nor shall he or she forfeit any such
   22  office or employment by reason of his or  her  appointment  pursuant  to
   23  this  section, notwithstanding the provisions of any general, special or
   24  local law, regulation, ordinance or city charter.
   25    (f) To the maximum extent feasible, the commission shall  be  entitled
   26  to  request  and  receive  and  shall  utilize and be provided with such
   27  facilities, resources and  data  of  any  court,  department,  division,
   28  board,  bureau,  commission,  agency,  office or public authority of the
   29  state or any political subdivision thereof as it may reasonably  request
   30  to carry out properly its powers and duties pursuant to this section.
   31    (g)  The commission may request, and shall receive, reasonable assist-
   32  ance from state agency personnel as necessary for the performance of its
   33  functions.
   34    (h) The commission shall make a report to the governor and the  legis-
   35  lature of its findings, conclusions, determinations and recommendations,
   36  if  any,  not later than one hundred fifty days after its establishment.
   37  Each recommendation made to implement a determination pursuant to  para-
   38  graph  (ii)  of  subdivision (a) of this section shall have the force of
   39  law, and shall supersede inconsistent provisions of  article  8  of  the
   40  civil  service  law,  unless  modified  or abrogated by statute prior to
   41  April first of the year as to which such determination applies.
   42    (i) Upon the making of its report as provided in  subdivision  (h)  of
   43  this section, each commission established pursuant to this section shall
   44  be deemed dissolved.
   45    S  2.  Notwithstanding the provisions of this act or of any other law,
   46  each increase in salary or  compensation  of  any  officer  or  employee
   47  provided  by  this  act  shall be added to the salary or compensation of
   48  such officer or employee at the beginning of  that  payroll  period  the
   49  first  day of which is nearest to the effective date of such increase as
   50  provided in this act, or at the beginning of the earlier of two  payroll
   51  periods  the  first  days  of  which are nearest but equally near to the
   52  effective date of such increase  as  provided  in  this  act;  provided,
   53  however, the payment of such salary increase pursuant to this section on
   54  a  date prior thereto instead of on such effective date, shall not oper-
   55  ate to confer any additional salary rights or benefits on  such  officer
   56  or employee.
       S. 2953                             3

    1    S  3. The annual salaries as prescribed pursuant to this act for state
    2  employees designated managerial or confidential whenever adjusted pursu-
    3  ant to the provisions of this act, shall be rounded up  to  the  nearest
    4  multiple of one hundred dollars.
    5    S 4. This act shall take effect immediately.
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