A10736 Summary:

Amd §§201 & 204-a, Civ Serv L
Preserves the ability of firefighters and police officers to negotiate disciplinary procedures.
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A10736 Actions:

05/16/2018referred to governmental employees
05/30/2018amend and recommit to governmental employees
05/30/2018print number 10736a
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A10736 Committee Votes:

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A10736 Floor Votes:

There are no votes for this bill in this legislative session.
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A10736 Text:

                STATE OF NEW YORK
                   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.

        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.
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