Requires the public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined in this bill.
STATE OF NEW YORK
________________________________________________________________________
2282
2011-2012 Regular Sessions
IN ASSEMBLY
January 14, 2011
___________
Introduced by M. of A. SCHIMMINGER, HOYT, PEOPLES-STOKES, ZEBROWSKI --
read once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to binding arbi-
tration for certain public employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subparagraph (v) of paragraph (c)
2 of subdivision 4 of section 209 of the civil service law, as amended by
3 chapter 216 of the laws of 1977, is amended to read as follows:
4 the public arbitration panel shall make a just and reasonable determi-
5 nation of the matters in dispute. In arriving at such determination, the
6 panel shall consider, above all other factors, the financial ability of
7 the public employer to pay. The public employer's ability to pay shall
8 be defined as existing fiscal capacity without resort to either new or
9 increased taxation including, but not limited to, the level of taxation
10 in the political subdivision compared to similar political subdivisions
11 in other areas of the state, the tax base, any evidence of economic
12 decline and any other applicable measures of fiscal distress, or
13 extraordinary reductions in other governmental expenditures. The arbi-
14 tration panel shall also consider the competing financial obligations of
15 the public employer which may be affected by such determination and
16 specifically the impact of any such determination on ongoing negoti-
17 ations or successor negotiations with employee organizations represent-
18 ing other employees of the public employer. The arbitration panel shall
19 specify its rationale in the determination, including the consideration
20 of such ability of the public employer to pay without resort to new or
21 increased taxation. The panel shall specify the basis for its findings,
22 taking into secondary consideration, in addition to any other relevant
23 factors, the following:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02602-01-1
A. 2282 2
1 § 2. Clause b of subparagraph (v) of paragraph (c) of subdivision 4 of
2 section 209 of the civil service law, as amended by chapter 216 of the
3 laws of 1977, is amended to read as follows:
4 b. the interests and welfare of the public [and the financial ability
5 of the public employer to pay];
6 § 3. This act shall take effect immediately, except that sections one
7 and two of this act shall only apply to disputes referred to a public
8 arbitration panel on or after the effective date of this act, and
9 provided that the amendment to the opening paragraph of subparagraph (v)
10 of paragraph (c) of subdivision 4 of section 209 of the civil service
11 law made by section one of this act and the amendment to clause b of
12 subparagraph (v) of paragraph (c) of subdivision 4 of section 209 of the
13 civil service law made by section two of this act shall not affect the
14 expiration of such subdivision and shall be deemed to expire therewith.
