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A05168 Summary:

A05168 Actions:

A05168 Memo:

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.

A05168 Text:

 
                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.
                                                                   LBD03841-01-9
        A. 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  to
        A. 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.