|SAME AS||No Same As|
|MLTSPNSR||Galef, Lavine, Peoples-Stokes|
|Creates the public employees' fair employment act study commission to review the existing Taylor law addressing labor relations between public employers and employees.|
|02/07/2019||referred to governmental employees|
|01/08/2020||referred to governmental employees|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5168 SPONSOR: Schimminger (MS)
TITLE OF BILL: An act in relation to creating the public employees' fair employment act study commission   SUMMARY OF SPECIFIC PROVISIONS: § 1- Contains legislative findings that the Public Employees Fair Employment Act has now been in effect for over 40 years. It is appropri- ate to review whether the law, in its current form, continues to meet the needs of public employees, public employers and the people of New York State. § 2- Creates the Public Employees' Fair Employment Act Study Commission and describes the composition and duties of the Commission. This section provides that the Commission shall conduct a comprehensive study of the practical application of Article 14 of the Civil Service Law, and report to the Governor, Senate, Assembly, Comptroller and Attorney General not later than one year after the date on which the Commission first meets. § 3- Provides that this act shall take effect immediately.   JUSTIFICATION: Sections of the Taylor Law have been extended periodically, and through the years, additional employee groups have become subject to the provisions of the law. The residents of New York City recently suffered the disruption of service and economic loss of a transit strike. At the western end of the state, both the City of Buffalo and the County of Erie are under the supervision of control boards. Other communities across the state face economic pressures that may also lead to contem- plation of control boards in the future. Across the state, interested parties ask whether the law, as presently constituted can be improved. Unfortunately, discussions about the Taylor Law usually seem to arise in the midst of difficult negotiations or budget problems. This law is critical to the efficient operation of state and local government, and deserves a careful and thoughtful review outside of the context of any particular dispute. The residents of our state deserve to know that their tax dollars are being spent prudently, and that they will receive uninterrupted, high quality service. Public employees deserve to know that they will be treated fairly and with respect for their concerns, and that the service they deliver to the residents of New York is recognized. All parties need to know that when decisions are made they will accurately reflect the communities that must live with those decisions. It is appropriate at this time to appoint a blue ribbon commission to evaluate and consider whether the law, in its present form, is still the best answer as we enter the 21st Century. This bill creates such a commission, whose members can listen to the concerns and suggestions of the residents of New York State and consider the legislation that has been enacted by other state. The Commission is directed to report to the Governor, the Senate and the Assembly within one (1) year after the date that the Commission first meets. There is a fundamental compact between the citizens and the government. The citizenry supports government with its tax dollars, and in return expects government to provide the services that allow society to proper- ly function efficiently and responsibly. These is also a compact between government and the employees who actually perform the day-to-day tasks of government that these employees will work conscientiously to serve the residents, and that in return they will be treated respectfully and responsibly. It is critical that the Legislature ensure that we are doing our part to fulfill our responsibility to properly expend the tax dollars entrusted to us, and that services are provided efficiently, effectively and without interruption.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A.2078; 2015-2016: A.7077; 2013-2014: A3058/S.1214; 2011-2012: A.2283/S.2518; 2009-2010: A.2847-A/S.4504; 2007-2008: A.4110/S.2118; 2005-2006: A.10129/S.6874.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 5168 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. SCHIMMINGER, TITUS, COOK -- Multi-Sponsored by -- M. of A. GALEF, LAVINE, PEOPLES-STOKES -- read once and referred to the Committee on Governmental Employees AN ACT in relation to creating the public employees' fair employment act study commission The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature hereby finds that the 2 public employees' fair employment act, as provided in article 14 of the 3 civil service law, became effective in September of 1967 and has been in 4 effect for over 40 years. Representatives of both public employees and 5 employers have raised questions about the current law causing the legis- 6 lature to query whether the law, as currently enacted, effectively 7 addresses labor relations between public employers and public employees. 8 The legislature, therefore, deems it appropriate to review and study the 9 provisions of the act and if necessary, make recommendations as to 10 amendments that will improve relations between public employers and 11 employees, while better protecting the interests of public employees, 12 the state, public employers and the residents of New York state. 13 § 2. The public employees' fair employment act study commission. 1. 14 There is hereby established a commission to be known as the "public 15 employees' fair employment act study commission" (hereinafter referred 16 to in this section as the "commission"). The commission shall: 17 (a) be composed of 13 members appointed in accordance with subdivision 18 two of this section; and 19 (b) conduct its business in accordance with the provisions of this 20 section. 21 2. The members shall be appointed for the life of the commission as 22 follows: 23 (a) 2 shall be appointed by the temporary president of the senate; 24 (b) 1 shall be appointed by the minority leader of the senate; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03841-01-9A. 5168 2 1 (c) 2 shall be appointed by the speaker of the assembly; 2 (d) 1 shall be appointed by the minority leader of the assembly; and 3 (e) 7 shall be appointed by the governor. 4 3. The members of the commission shall be individuals who have know- 5 ledge or expertise, whether by experience or training, in matters to be 6 studied by the commission under subdivision eight of this section. The 7 members shall be from the public sector, who may include federal, state, 8 or local officers or employees, members of academia, nonprofit organiza- 9 tions, or other interested individuals. 10 4. The temporary president of the senate, the minority leader of the 11 senate, the speaker of the assembly, the minority leader of the assembly 12 and the governor shall consult among themselves prior to the appointment 13 of the members of the commission in order to achieve, to the maximum 14 extent possible, fair and equitable representation of various points of 15 view with respect to the matters to be studied by the commission under 16 subdivision eight of this section. After such consultation each shall 17 make his or her respective appointment not later than 45 days after the 18 effective date of this section. Any vacancy that occurs during the life 19 of the commission shall not affect the powers of the commission and 20 shall be filled in the same manner as the original appointment not later 21 than 45 days after the vacancy occurs. 22 5. The initial meeting of the commission shall be conducted not later 23 than 30 days after the appointment of the last member of the commission. 24 The first act of the commission shall be to select by consensus a chair- 25 person. 26 6. A majority of the members shall constitute a quorum to conduct 27 business, but the commission may establish a lesser quorum for conduct- 28 ing hearings scheduled by the commission. Each member shall have 1 vote 29 and the vote of each member shall be accorded the same weight. The 30 commission may establish, by majority vote, any other rules for the 31 conduct of the commission's business, insofar as such rules are not 32 inconsistent with this section or other applicable law. 33 7. It is the duty of the commission to hold hearings across the state 34 and conduct a comprehensive study of the practical application of arti- 35 cle 14 of the civil service law, together with laws associated with the 36 article, including but not limited to section 751 of the judiciary law 37 and section 93-b of the general municipal law. 38 (a) The matters studied by the commission under this subdivision shall 39 include, but not be limited to: 40 (1) the historic, economic, and social changes in the context of the 41 practical application of the existing law; 42 (2) the interests of public employees and public employers under the 43 existing law; and 44 (3) the nature and source of the recommendations for change between 45 public employees and public employers. 46 (b) Not later than 1 year after the date on which the commission first 47 meets, the commission shall submit to the governor, the senate, the 48 assembly, the comptroller and the attorney general a comprehensive 49 report on the commission's findings and conclusions. 50 (c) Not later than 3 months after the submission of the report under 51 paragraph (b) of this subdivision, the commission shall issue proposed 52 changes to state laws and regulations to improve labor relations between 53 public employees and public employers. 54 8. The commission shall have the power to hold hearings, at such sites 55 and to act at such times and places, to take such testimony, and toA. 5168 3 1 receive such evidence as the commission considers advisable to carrying 2 out its duties under this subdivision. 3 9. The members of the commission shall be allowed travel expenses at 4 rates authorized for employees of state agencies while away from their 5 homes or regular places of business in the performance of service for 6 the commission. 7 10. The commission shall terminate 60 days after the commission 8 submits the report required under subdivision seven of this section. 9 § 3. This act shall take effect immediately.