S03014 Summary:

BILL NOS03014
 
SAME ASSAME AS A04197
 
SPONSORRANZENHOFER
 
COSPNSR
 
MLTSPNSR
 
Amd S209, Civ Serv L
 
Requires the public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined in this bill.
Go to top    

S03014 Actions:

BILL NOS03014
 
03/09/2009REFERRED TO CIVIL SERVICE AND PENSIONS
01/06/2010REFERRED TO CIVIL SERVICE AND PENSIONS
Go to top

S03014 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S03014 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3014
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                      March 9, 2009
                                       ___________
 
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Civil  Service  and
          Pensions
 
        AN  ACT  to  amend  the  civil service law, in relation to binding arbi-
          tration for certain public employees
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1. The opening paragraph of subparagraph (v) of paragraph (c)
     2  of subdivision 4 of section 209 of the civil service law, as amended  by
     3  chapter 216 of the laws of 1977, is amended to read as follows:
     4    the public arbitration panel shall make a just and reasonable determi-
     5  nation of the matters in dispute. In arriving at such determination, the
     6  panel  shall consider, above all other factors, the financial ability of
     7  the public employer to pay. The public employer's ability to  pay  shall
     8  be  defined  as existing fiscal capacity without resort to either new or
     9  increased taxation including, but not limited to, the level of  taxation
    10  in  the political subdivision compared to similar political subdivisions

    11  in other areas of the state, the tax  base,  any  evidence  of  economic
    12  decline  and  any  other  applicable  measures  of  fiscal  distress, or
    13  extraordinary reductions in other governmental expenditures.  The  arbi-
    14  tration panel shall also consider the competing financial obligations of
    15  the  public  employer  which  may  be affected by such determination and
    16  specifically the impact of any such  determination  on  ongoing  negoti-
    17  ations  or successor negotiations with employee organizations represent-
    18  ing other employees of the public employer.  The arbitration panel shall
    19  specify its rationale in the determination, including the  consideration
    20  of  such  ability of the public employer to pay without resort to new or

    21  increased taxation. The panel shall specify the basis for its  findings,
    22  taking  into  secondary consideration, in addition to any other relevant
    23  factors, the following:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06823-01-9

        S. 3014                             2
 
     1    § 2. Clause b of subparagraph (v) of paragraph (c) of subdivision 4 of
     2  section 209 of the civil service law, as amended by chapter 216  of  the
     3  laws of 1977, is amended to read as follows:
     4    b.  the interests and welfare of the public [and the financial ability
     5  of the public employer to pay];

     6    § 3. This act shall take effect immediately, except that sections  one
     7  and  two  of  this act shall only apply to disputes referred to a public
     8  arbitration panel on or after  the  effective  date  of  this  act,  and
     9  provided that the amendment to the opening paragraph of subparagraph (v)
    10  of  paragraph  (c)  of subdivision 4 of section 209 of the civil service
    11  law made by section one of this act and the amendment  to  clause  b  of
    12  subparagraph (v) of paragraph (c) of subdivision 4 of section 209 of the
    13  civil  service  law made by section two of this act shall not affect the
    14  expiration of such subdivision and shall be deemed to expire therewith.
Go to top