•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A10740 Summary:

BILL NOA10740
 
SAME ASSAME AS S08677
 
SPONSORRules (Magnarelli)
 
COSPNSRHunter
 
MLTSPNSR
 
Add 204-b, Civ Serv L
 
Removes police officer discipline from collective bargaining in cities with a population between one hundred thirty-nine thousand and one hundred forty-five thousand.
Go to top

A10740 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10740
 
SPONSOR: Rules (Magnarelli)
  TITLE OF BILL: An act to amend the civil service law, in relation to removing police officer discipline from collective bargaining in cities with a popu- lation between one hundred thirty-nine thousand and one hundred forty- five thousand   PURPOSE: To clarify that police discipline procedures in the City of Syracuse are a prohibited subject of collective bargaining.   SUMMARY OF PROVISIONS: Section 1: Adds new section 204-b to the Civil Service Law removing police officer discipline as a subject of collective bargaining in cities with a population between one hundred thirty-nine thousand and one hundred forty-five thousand. Additionally, it states that sections 75 and 76 of the Civil Service is no longer applicable in police disci- pline matters. Section 2: Establishes the effective date.   JUSTIFICATION: In the City of New York/Town of Orangetown, 6 NY.3d 563 (2006), the NY Court of Appeals held that police discipline is a prohibited subject of collective bargaining. In that decision, the Court indicated a strong public policy in favor of placing police disciplinary matters under the sole control of the municipality. In a subsequent case, Matter of Sche- nectady, 30 N.Y.3d 109 (2017), the Court also held police discipline is a prohibited subject of bargaining in cities where the Second Class Cities Law applies. The City of Syracuse is seeking legislation to clarify that the Second Class Cities Law applies to police discipline in Syracuse and is a prohibited subject of bargaining. This bill will ensure that the City can retain authority over police discipline to ensure that cases are adjudicated in an open and transparent manner.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately.
Go to top

A10740 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10740
 
                   IN ASSEMBLY
 
                                      July 8, 2020
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli,
          Hunter) -- read once and referred to  the  Committee  on  Governmental
          Employees
 
        AN  ACT  to  amend the civil service law, in relation to removing police
          officer discipline from collective bargaining in cities with  a  popu-
          lation  between  one  hundred  thirty-nine  thousand  and  one hundred
          forty-five thousand

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  civil service law is amended by adding a new section
     2  204-b to read as follows:
     3    § 204-b. Disciplinary practices for police officers in certain cities.
     4  1. Notwithstanding any inconsistent provision of law  to  the  contrary,
     5  including  but  not limited to, sections two hundred through two hundred
     6  fifteen of this article or decisions regarding such subject  matter,  in
     7  cities  with  a  population between one hundred thirty-nine thousand and
     8  one hundred forty-five thousand, all matters relating to the  discipline
     9  of  police  officers,  including but not limited to, matters relating to
    10  investigations, hearing procedures or penalty determinations, shall be a
    11  prohibited subject of bargaining between the city and  such  city's  law
    12  enforcement  labor  employee  organizations.  Such matters are expressly
    13  removed from the scope of collective bargaining. Any collective bargain-
    14  ing agreement or portion thereof,  or  custom  or  practice  related  to
    15  matters  of  police  discipline  between  the  city  and such city's law
    16  enforcement employee organizations inconsistent with the  provisions  of
    17  this  section  are  hereby  declared  to  be void. All matters of police
    18  discipline are hereby reserved for determination by the city.
    19    2. Sections seventy-five and seventy-six of this chapter shall not  be
    20  applicable  with  respect  to  all  matters  relating to law enforcement
    21  personnel in cities with a population between  one  hundred  thirty-nine
    22  thousand and one hundred forty-five thousand.
    23    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16844-01-0
Go to top