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S03403 Summary:

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S03403 Floor Votes:

S03403 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3403                                                  A. 5389
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    February 18, 2011
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sen.  FLANAGAN -- read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Civil
          Service and Pensions
 
        IN  ASSEMBLY  --  Introduced by M. of A. ABBATE, SALADINO, RAMOS -- read
          once and referred to the Committee on Governmental Employees
 

        AN ACT to amend the civil service law,  in  relation  to  resolution  of
          disputes  between a public employer and Suffolk county probation offi-
          cers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 2 of section 209 of the civil service law, as
     2  amended by section 1 of chapter 234 of the laws of 2008, is  amended  to
     3  read as follows:
     4    2.  Public employers are hereby empowered to enter into written agree-
     5  ments with recognized or certified employee organizations setting  forth
     6  procedures to be invoked in the event of disputes which reach an impasse
     7  in  the  course  of collective negotiations. Such agreements may include
     8  the undertaking by each party to submit unresolved issues  to  impartial
     9  arbitration.  In  the  absence  or  upon the failure of such procedures,

    10  public employers and employee organizations may  request  the  board  to
    11  render  assistance  as provided in this section, or the board may render
    12  such assistance on its own motion, as provided in subdivision  three  of
    13  this section, or, in regard to officers or members of any organized fire
    14  department,  or  any  unit of the public employer which previously was a
    15  part of an organized fire department whose primary mission includes  the
    16  prevention and control of aircraft fires, police force or police depart-
    17  ment  of  any county, city, town, village or fire or police district, or
    18  detective-investigators, or rackets investigators employed in the office
    19  of a district attorney of a county, or in regard to any  organized  unit
    20  of troopers, commissioned or noncommissioned officers of the division of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD09077-01-1
        S. 3403                             2                            A. 5389
 
     1  state  police,  or  in regard to investigators, senior investigators and
     2  investigator specialists of the division of state police, or  in  regard
     3  to  members  of  collective  negotiating  units  designated  as security
     4  services  and  security  supervisors  who  are  police officers, who are
     5  forest ranger captains or who are employed by the  state  department  of
     6  correctional  services  and are designated as peace officers pursuant to
     7  subdivision twenty-five of section 2.10 of the criminal  procedure  law,
     8  or in regard to members of the collective negotiating unit designated as

     9  the  agency law enforcement services unit who are police officers pursu-
    10  ant to subdivision thirty-four of section 1.20 of the criminal procedure
    11  law or who are forest rangers, or in regard to organized units of deputy
    12  sheriffs who are engaged directly in criminal law enforcement activities
    13  that aggregate more than fifty per centum of their service as  certified
    14  by  the  county  sheriff and are police officers pursuant to subdivision
    15  thirty-four of section 1.20 of the criminal procedure law  as  certified
    16  by  the  municipal  police training council or Suffolk county correction
    17  officers or Suffolk county park police or Suffolk county probation offi-
    18  cers, as provided in subdivision four of this section.
    19    § 2. Subdivision 2 of section 209 of the civil service law, as amended
    20  by section 2 of chapter 234 of the laws of 2008, is amended to  read  as

    21  follows:
    22    2.  Public employers are hereby empowered to enter into written agree-
    23  ments with recognized or certified employee organizations setting  forth
    24  procedures to be invoked in the event of disputes which reach an impasse
    25  in  the  course  of collective negotiations. Such agreements may include
    26  the undertaking by each party to submit unresolved issues  to  impartial
    27  arbitration.  In  the  absence  or  upon the failure of such procedures,
    28  public employers and employee organizations may  request  the  board  to
    29  render  assistance  as provided in this section, or the board may render
    30  such assistance on its own motion, as provided in subdivision  three  of
    31  this section, or, in regard to officers or members of any organized fire
    32  department,  or  any  unit of the public employer which previously was a
    33  part of an organized fire department whose primary mission includes  the

    34  prevention and control of aircraft fires, police force or police depart-
    35  ment  of any county, city, except the city of New York, town, village or
    36  fire or police district, or in regard to organized units of deputy sher-
    37  iffs who are engaged directly in  criminal  law  enforcement  activities
    38  that  aggregate more than fifty per centum of their service as certified
    39  by the county sheriff and are police officers  pursuant  to  subdivision
    40  thirty-four  of  section 1.20 of the criminal procedure law as certified
    41  by the municipal police training council or  Suffolk  county  correction
    42  officers or Suffolk county park police or Suffolk county probation offi-
    43  cers, as provided in subdivision four of this section.
    44    §  3.  The  opening  paragraph  of subdivision 4 of section 209 of the
    45  civil service law, as amended by chapter 234 of the  laws  of  2008,  is

    46  amended to read as follows:
    47    On  request  of  either  party  or upon its own motion, as provided in
    48  subdivision two of this section, and in the event the  board  determines
    49  that  an impasse exists in collective negotiations between such employee
    50  organization and a public employer as to the conditions of employment of
    51  officers or members of any organized fire department, or any other  unit
    52  of  the public employer which previously was a part of an organized fire
    53  department whose primary mission includes the prevention and control  of
    54  aircraft  fires,  police force or police department of any county, city,
    55  town, village or fire or police district,  and  detective-investigators,
    56  criminal  investigators  or rackets investigators employed in the office
        S. 3403                             3                            A. 5389
 

     1  of a district attorney, or as to the conditions of employment of members
     2  of any organized unit of troopers, commissioned or noncommissioned offi-
     3  cers of the division of state police or as to the conditions of  employ-
     4  ment  of members of any organized unit of investigators, senior investi-
     5  gators and investigator specialists of the division of state police,  or
     6  as  to  the  terms and conditions of employment of members of collective
     7  negotiating units designated as security services and security  supervi-
     8  sors, who are police officers, who are forest ranger captains or who are
     9  employed by the state department of correctional services and are desig-
    10  nated  as  peace officers pursuant to subdivision twenty-five of section
    11  2.10 of the criminal procedure law, or  in  regard  to  members  of  the
    12  collective  negotiating  unit  designated  as the agency law enforcement

    13  services unit who are police officers pursuant  to  subdivision  thirty-
    14  four  of  section  1.20  of the criminal procedure law or who are forest
    15  rangers, or as to the conditions of employment of any organized unit  of
    16  deputy  sheriffs  who  are  engaged directly in criminal law enforcement
    17  activities that aggregate more than fifty per centum of their service as
    18  certified by the county sheriff and  are  police  officers  pursuant  to
    19  subdivision thirty-four of section 1.20 of the criminal procedure law as
    20  certified  by  the  municipal  police training council or Suffolk county
    21  correction officers or Suffolk county  park  police  or  Suffolk  county
    22  probation officers, the board shall render assistance as follows:
    23    §  4. Subdivision 4 of section 209 of the civil service law is amended
    24  by adding a new paragraph (j) to read as follows:

    25    (j) With regard to Suffolk county probation officers,  the  provisions
    26  of  this  section  shall  not  apply  to issues relating to disciplinary
    27  procedures and investigations or eligibility and assignment  to  details
    28  and positions, which shall be governed by other provisions prescribed by
    29  law.
    30    §  5.  This act shall take effect immediately, provided, however, that
    31  the amendments to subdivision 2 of section 209 of the civil service  law
    32  made  by  section one of this act shall be subject to the expiration and
    33  reversion of such subdivision pursuant to section 3 of  chapter  485  of
    34  the  laws  of  1990,  as  amended, when upon such date the provisions of
    35  section two of this act shall take effect; and provided further that the
    36  amendments to subdivision 4 of section 209 of  the  civil  service  law,

    37  made  by sections three and four of this act, shall not affect the expi-
    38  ration of such subdivision and shall be deemed to expire therewith.