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A09344 Summary:

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A09344 Floor Votes:

A09344 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9344
 
                   IN ASSEMBLY
 
                                     April 16, 2014
                                       ___________
 
        Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
          tee on Governmental Employees
 
        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
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

 
     1    Section 1. (a) On the first of April of every fourth year,  commencing
     2  April  1, 2015, 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
    24  benefits  received  by  professionals  in  government,  and academia and
    25  private and nonprofit enterprise.
    26    (b) The commission shall consist of seven members to be  appointed  as

    27  follows:  three  shall  be  appointed  by  the  governor;  one  shall be
    28  appointed by the  temporary  president  of  the  senate;  one  shall  be
    29  appointed  by the speaker of the assembly; one shall be appointed by the
    30  comptroller; and one shall be  appointed  by  the  Organization  of  NYS
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14651-01-4
        A. 9344                             2
 
     1  Management  Confidential  Employees.  The  governor  shall designate the
     2  chair of the commission from among the members so  appointed.  Vacancies
     3  in  the  commission  shall  be  filled  in  the  same manner as original
     4  appointments. To the extent practicable, members of the commission shall

     5  have experience in one or more of the following:  determination of exec-
     6  utive  compensation, human resource administration and financial manage-
     7  ment.
     8    (c) The commission may meet, hold public hearings and shall  have  all
     9  the powers of a legislative committee pursuant to the legislative law.
    10    (d)  The  members  of the commission shall receive no compensation for
    11  their services but shall be allowed their actual and necessary  expenses
    12  incurred in the performance of their duties hereunder.
    13    (e) No member of the commission shall be disqualified from holding any
    14  other  public office or employment, nor shall he or she forfeit any such
    15  office or employment by reason of his or  her  appointment  pursuant  to
    16  this  section, notwithstanding the provisions of any general, special or
    17  local law, regulation, ordinance or city charter.

    18    (f) To the maximum extent feasible, the commission shall  be  entitled
    19  to  request  and  receive  and  shall  utilize and be provided with such
    20  facilities, resources and  data  of  any  court,  department,  division,
    21  board,  bureau,  commission,  agency,  office or public authority of the
    22  state or any political subdivision thereof as it may reasonably  request
    23  to carry out properly its powers and duties pursuant to this section.
    24    (g)  The commission may request, and shall receive, reasonable assist-
    25  ance from state agency personnel as necessary for the performance of its
    26  functions.
    27    (h) The commission shall make a report to the governor and the  legis-
    28  lature of its findings, conclusions, determinations and recommendations,
    29  if  any,  not later than one hundred fifty days after its establishment.
    30  Each recommendation made to implement a determination pursuant to  para-

    31  graph  (ii)  of  subdivision (a) of this section shall have the force of
    32  law, and shall supersede inconsistent provisions of  article  8  of  the
    33  civil  service  law,  unless  modified  or abrogated by statute prior to
    34  April first of the year as to which such determination applies.
    35    (i) Upon the making of its report as provided in  subdivision  (h)  of
    36  this section, each commission established pursuant to this section shall
    37  be deemed dissolved.
    38    §  2.  Notwithstanding the provisions of this act or of any other law,
    39  each increase in salary or  compensation  of  any  officer  or  employee
    40  provided  by  this  act  shall be added to the salary or compensation of
    41  such officer or employee at the beginning of  that  payroll  period  the
    42  first  day of which is nearest to the effective date of such increase as
    43  provided in this act, or at the beginning of the earlier of two  payroll

    44  periods  the  first  days  of  which are nearest but equally near to the
    45  effective date of such increase  as  provided  in  this  act;  provided,
    46  however, the payment of such salary increase pursuant to this section on
    47  a  date prior thereto instead of on such effective date, shall not oper-
    48  ate to confer any additional salary rights or benefits on  such  officer
    49  or employee.
    50    §  3. The annual salaries as prescribed pursuant to this act for state
    51  employees designated managerial or confidential whenever adjusted pursu-
    52  ant to the provisions of this act, shall be rounded up  to  the  nearest
    53  multiple of one hundred dollars.
    54    § 4. This act shall take effect immediately.