A10740 Summary:
BILL NO | A10740 |
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SAME AS | SAME AS S08677 |
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SPONSOR | Rules (Magnarelli) |
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COSPNSR | Hunter |
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MLTSPNSR | |
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Add 204-b, Civ Serv L | |
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Removes police officer discipline from collective bargaining in cities with a population between one hundred thirty-nine thousand and one hundred forty-five thousand. |
A10740 Memo:
Go to topNEW 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 Additionally, it states that sections 75 and 76 of the Civil Service is no longer applicable in police disci- pline matters.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.
A10740 Text:
Go to top 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