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BILL NUMBER:S2493

TITLE OF BILL: An act to amend the civil service law, in relation to an arbitrator's priorities in issuing a decision involving a public employer

PURPOSE: This bill requires a public arbitration panel to which a dispute is referred to consider additional factors in making a determination.

SUMMARY OF SPECIFIC PROVISIONS: Section 1- Amends clause b of subparagraph v) of paragraph (c) of subdivision 4 of º 209 of the Civil Service Law as amended by Chapter 216 of the Laws of 1977.

Section 2 - Effective date.

CURRENT LAW: Civil Service Law º 209, as amended, provides that public employers are subject to binding arbitration proceedings before the Public Employees Relations Board (PERB) when negotiating with certain public employee groups. Civil Service Law º 209 (4) provides that a PERB binding arbitration panel shall consider the financial ability of a municipal employer to pay, but does not require any consideration as to the affect an award will make on the residents and community. This bill adds important issues that should be considered, including how the award will affect the employers ability to maintain existing programs and initiate new ones, how the award will affect property taxes and the impact of the award on all income sectors of taxpayers within the community. Public contracts are not just a concern of employees and employers - they affect the lives and wallets of every resident. It is important that arbitrators consider this reality.

JUSTIFICATION: Currently, while Civil Service Law º 209 requires a PERB binding arbitration panel to consider the ability of a public employer to pay an award, there is no requirement to consider the needs of the residents and community. Without this provision, PERB panels are free to inadvertently establish contract settlements at levels that can be unaffordable or result in significant tax increases or program reductions for the residents of a community. This bill will rectify this situation.

FISCAL IMPLICATIONS: None.

LEGISLATIVE HISTORY: 2009-10: S.3521 -- CIVIL SERVICE & PENSIONS

EFFECTIVE DATE: This act shall take effect immediately, provided however that the amendments to subdivision 4 of section 209 of the

 civil service law made by section one of the act shall expire on the same date as such subdivision expires.

Text

STATE OF NEW YORK
________________________________________________________________________

2493

2011-2012 Regular Sessions

IN SENATE

January 24, 2011
___________

Introduced by Sens. RANZENHOFER, LARKIN -- read twice and ordered print-
  ed, 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 an arbitrator's
  priorities in issuing a decision involving a public employer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Clause b of subparagraph (v) of paragraph (c) of subdivi-
sion 4 of section 209 of the civil service law, as  amended  by  chapter
216 of the laws of 1977, is amended to read as follows:
  b.  the  interests and welfare of the public and the financial ability
of the public employer to pay INCLUDING CONSIDERATION OF  OTHER  DEMANDS
ON  THE  FINANCIAL  CAPABILITY OF THE PUBLIC EMPLOYER, THE IMPACT ON THE
RESIDENTS AND TAXPAYERS OF SUCH GOVERNMENTAL ENTITY, HOW THE AWARD  WILL
AFFECT THE EMPLOYER'S ABILITY TO MAINTAIN EXISTING PROGRAMS AND INITIATE
NEW ONES, AND IF AN AWARD WILL AFFECT PROPERTY TAXES, THE IMPACT ON EACH
INCOME SECTOR OF TAXPAYERS WITHIN SUCH GOVERNMENTAL ENTITY'S BOUNDARIES;
  S  2.  This act shall take effect immediately, provided, however, that
the amendments to subdivision 4 of section 209 of the civil service  law
made  by  section  one of this act shall expire on the same date as such
subdivision expires.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02578-01-1