S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 6576                                                  A. 9423

                             S E N A T E - A S S E M B L Y

                                   February 29, 2012
                                      ___________

       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 -- 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 64 of subpart B of part C of chapter 62 of  the  laws
    3  of 2011, is amended to 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
   21  state  police,  or  in regard to investigators, senior investigators and
   22  investigator specialists of the division of state police, or  in  regard
   23  to  members  of  collective  negotiating  units  designated  as security

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09077-02-2

       S. 6576                             2                            A. 9423

    1  services and security supervisors  who  are  police  officers,  who  are
    2  forest  ranger  captains  or who are employed by the state department of
    3  corrections and community supervision and are designated as peace  offi-
    4  cers pursuant to subdivision twenty-five of section 2.10 of the criminal
    5  procedure  law,  or  in  regard to members of the collective negotiating
    6  unit designated as the agency law  enforcement  services  unit  who  are
    7  police  officers  pursuant to subdivision thirty-four of section 1.20 of
    8  the criminal procedure law or who are forest rangers, or  in  regard  to
    9  organized  units of deputy sheriffs who are engaged directly in criminal
   10  law enforcement activities that aggregate more than fifty per centum  of
   11  their service as certified by the county sheriff and are police officers
   12  pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
   13  procedure law as certified by the municipal police training  council  or
   14  Suffolk  county  correction  officers  or  Suffolk county park police OR
   15  SUFFOLK COUNTY PROBATION OFFICERS, as provided in  subdivision  four  of
   16  this section.
   17    S 2. Subdivision 2 of section 209 of the civil service law, as amended
   18  by chapter 234 of the laws of 2008, is amended to read as follows:
   19    2.  Public employers are hereby empowered to enter into written agree-
   20  ments with recognized or certified employee organizations setting  forth
   21  procedures to be invoked in the event of disputes which reach an impasse
   22  in  the  course  of collective negotiations. Such agreements may include
   23  the undertaking by each party to submit unresolved issues  to  impartial
   24  arbitration.  In  the  absence  or  upon the failure of such procedures,
   25  public employers and employee organizations may  request  the  board  to
   26  render  assistance  as provided in this section, or the board may render
   27  such assistance on its own motion, as provided in subdivision  three  of
   28  this section, or, in regard to officers or members of any organized fire
   29  department,  or  any  unit of the public employer which previously was a
   30  part of an organized fire department whose primary mission includes  the
   31  prevention and control of aircraft fires, police force or police depart-
   32  ment  of any county, city, except the city of New York, town, village or
   33  fire or police district, or in regard to organized units of deputy sher-
   34  iffs who are engaged directly in  criminal  law  enforcement  activities
   35  that  aggregate more than fifty per centum of their service as certified
   36  by the county sheriff and are police officers  pursuant  to  subdivision
   37  thirty-four  of  section 1.20 of the criminal procedure law as certified
   38  by the municipal police training council or  Suffolk  county  correction
   39  officers or Suffolk county park police OR SUFFOLK COUNTY PROBATION OFFI-
   40  CERS, as provided in subdivision four of this section.
   41    S  3.  The  opening  paragraph  of subdivision 4 of section 209 of the
   42  civil service law, as amended by section 64 of subpart B of  part  C  of
   43  chapter 62 of the laws of 2011, is amended to read as follows:
   44    On  request  of  either  party  or upon its own motion, as provided in
   45  subdivision two of this section, and in the event the  board  determines
   46  that  an impasse exists in collective negotiations between such employee
   47  organization and a public employer as to the conditions of employment of
   48  officers or members of any organized fire department, or any other  unit
   49  of  the public employer which previously was a part of an organized fire
   50  department whose primary mission includes the prevention and control  of
   51  aircraft  fires,  police force or police department of any county, city,
   52  town, village or fire or police district,  and  detective-investigators,
   53  criminal  investigators  or rackets investigators employed in the office
   54  of a district attorney, or as to the conditions of employment of members
   55  of any organized unit of troopers, commissioned or noncommissioned offi-
   56  cers of the division of state police or as to the conditions of  employ-

       S. 6576                             3                            A. 9423

    1  ment  of members of any organized unit of investigators, senior investi-
    2  gators and investigator specialists of the division of state police,  or
    3  as  to  the  terms and conditions of employment of members of collective
    4  negotiating  units designated as security services and security supervi-
    5  sors, who are police officers, who are forest ranger captains or who are
    6  employed by the state department of  corrections  and  community  super-
    7  vision  and  are  designated  as  peace officers pursuant to subdivision
    8  twenty-five of section 2.10 of the criminal procedure law, or in  regard
    9  to  members  of the collective negotiating unit designated as the agency
   10  law enforcement services unit who are police officers pursuant to subdi-
   11  vision thirty-four of section 1.20 of the criminal procedure law or  who
   12  are  forest rangers, or as to the conditions of employment of any organ-
   13  ized unit of deputy sheriffs who are engaged directly  in  criminal  law
   14  enforcement  activities  that  aggregate  more  than fifty per centum of
   15  their service as certified by the county sheriff and are police officers
   16  pursuant to subdivision thirty-four of  section  1.20  of  the  criminal
   17  procedure  law  as certified by the municipal police training council or
   18  Suffolk county correction officers or  Suffolk  county  park  police  OR
   19  SUFFOLK  COUNTY PROBATION OFFICERS, the board shall render assistance as
   20  follows:
   21    S 4. Subdivision 4 of section 209 of the civil service law is  amended
   22  by adding a new paragraph (j) to read as follows:
   23    (J)  WITH  REGARD TO SUFFOLK COUNTY PROBATION OFFICERS, THE PROVISIONS
   24  OF THIS SECTION SHALL NOT  APPLY  TO  ISSUES  RELATING  TO  DISCIPLINARY
   25  PROCEDURES  AND  INVESTIGATIONS OR ELIGIBILITY AND ASSIGNMENT TO DETAILS
   26  AND POSITIONS, WHICH SHALL BE GOVERNED BY OTHER PROVISIONS PRESCRIBED BY
   27  LAW.
   28    S 5. This act shall take effect immediately, provided,  however,  that
   29  the  amendments to subdivision 2 of section 209 of the civil service law
   30  made by section one of this act shall be subject to the  expiration  and
   31  reversion of such subdivision pursuant to paragraph (d) of subdivision 4
   32  of  section 209 of the civil service law as amended, when upon such date
   33  the provisions of section  two  of  this  act  shall  take  effect;  and
   34  provided  further that the amendments to subdivision 4 of section 209 of
   35  the civil service law, made by sections three  and  four  of  this  act,
   36  shall  not affect the expiration of such subdivision and shall be deemed
   37  to expire therewith.