STATE OF NEW YORK
________________________________________________________________________
10736--A
IN ASSEMBLY
May 16, 2018
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil service law, in relation to the negotiability
of discipline affecting public employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declarations. The legislature
2 hereby finds, declares and reaffirms that the 1967 Public Employees'
3 Fair Employment Act establishes that the public policy of the state, and
4 the purpose of the act, is to promote harmonious and cooperative
5 relationships between government and its employees and to protect the
6 public by assuring, at all times, the orderly and uninterrupted opera-
7 tion and functions of government. Included among the policies adopted
8 was the requirement that the state, local governments, and other poli-
9 tical subdivisions negotiate and enter into agreements with employee
10 organizations about terms and conditions of employment. Over the many
11 years subsequent to the enactment of such act, the negotiability of
12 discipline, including disciplinary procedures, has been fully endorsed
13 by the public employment relations board and disciplinary procedures
14 have been incorporated into collective bargaining agreements throughout
15 the state. The legislature now declares that this practice of negotiat-
16 ing fair disciplinary protections and procedures for public employees
17 must continue.
18 A recent court of appeals' decision involving police officers in the
19 city of Schenectady has erroneously declared that the "public policy" of
20 the state is to prohibit absolutely the negotiation of disciplinary
21 procedures in certain places where there exist legislative enactments on
22 the subject of discipline. The legislature declares a necessity for the
23 enactment of this act to ensure that discipline, including disciplinary
24 procedures, will continue as a mandatory subject of collective negoti-
25 ation, and that collective bargaining agreements addressing that subject
26 remain valid and enforceable and to enhance the prohibition against
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15564-03-8
A. 10736--A 2
1 strikes and the protection against the destruction of vital public
2 services delivered by public employees throughout the state.
3 § 2. Subdivision 4 of section 201 of the civil service law, as amended
4 by chapter 606 of the laws of 1992, is amended to read as follows:
5 4. The term "terms and conditions of employment" means:
6 (a) salaries, wages, hours and other terms and conditions of employ-
7 ment provided, however, that such term shall not include any benefits
8 provided by or to be provided by a public retirement system, or payments
9 to a fund or insurer to provide an income for retirees, or payment to
10 retirees or their beneficiaries. No such retirement benefits shall be
11 negotiated pursuant to this article, and any benefits so negotiated
12 shall be void.
13 (b) In addition, the terms and conditions of employment for firefight-
14 ers and police officers shall include discipline, disciplinary proce-
15 dures including alternatives to any statutory disciplinary system,
16 provided, however, that any right of firefighters and police officers
17 under the terms of any state law to elect coverage under either a statu-
18 tory disciplinary system or a disciplinary system established by collec-
19 tive negotiations shall not be impaired, unless any such state law
20 authorizes exclusivity of a negotiated disciplinary system and provided
21 further that no provision contained in the town law, general city law,
22 second class cities law, general municipal law, municipal home rule law,
23 county law, or other state, local, special law or charter provision or
24 this chapter shall prevent or impair the right to collective bargaining
25 for or to modify disciplinary procedures.
26 § 3. Section 204-a of the civil service law is amended by adding a new
27 subdivision 4 to read as follows:
28 4. The terms of any current or expired agreement or interest arbi-
29 tration award between any public employer and any public employee organ-
30 ization representing firefighters or police officers relating to the
31 discipline of any firefighters or police officers shall be deemed valid
32 and enforceable from the effective date of this subdivision.
33 § 4. This act shall take effect immediately.
