Includes services of employees of the department of correctional services working in shock incarceration facilities with direct inmate contact within provisions relating to hazardous duty differentials.
TITLE OF BILL: An act to amend the civil service law, in relation to hazardous duty differentials
PURPOSE OF THE BILL: To give hazardous duty pay to certain Department of Corrections employees with substantial contact with inmates.
SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends Section 130, paragraph a of subdivision 9, of the Civil Service Law to give employees in shock incarceration facilities and other employees in facilities or work release programs operated by the Department of Corrections who have substantial contact with inmates the same hazardous duty pay provided for employees in medium security facilities. Section two provides an effective date.
JUSTIFICATION: Hazardous duty pay is given at the discretion of the Director of Classification and Compensation whenever the director determines an employee is "exposed to an unavoidable, clear and direct risk and hazard to safety and health." The civil service manual further limits such pay to maximum and medium security Correctional facilities. However, other Department of Corrections employees are also exposed to risk and hazard. For example, some facilities are used to hold inmates while determining which are eligible for shock incarceration. Those not qualifying are sent to medium security facilities. Employees at such "triage" facilities are not eligible for hazardous duty pay, yet work with some of the same inmates as employees that do receive such pay. The act will cure this inequity by providing that all Department of Corrections employees with "substantial direct contact with inmates" receive the same hazardous duty pay as employees in medium security facilities.
EFFECTIVE DATE: This act shall take effect ninety days after it is enacted.
STATE OF NEW YORK ________________________________________________________________________ 2093 2011-2012 Regular Sessions IN SENATE January 18, 2011 ___________Introduced by Sen. KRUGER -- read twice and ordered printed, 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 hazardous duty differentials THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 9 of section 130 of the civil service law, as added by chapter 505 of the laws of 1986 and such subdi- vision as renumbered by chapter 582 of the laws of 1988, is amended to read as follows: (a) Where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter so provide, on behalf of employees serving in positions in a collective negotiating unit represented by such employee organization, and for employees designated managerial or confidential pursuant to article fourteen of this chapter and civilian state employees of the division of military and naval affairs of the executive department whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit, whenever the director deter- mines that an employee who is serving in a position at a particular work location or as a result of a temporary work assignment is exposed to an unavoidable, clear and direct risk and hazard to safety and health, the director may, subject to the approval of the director of the budget, authorize a hazardous duty differential for the employee assigned to such position or temporary work assignment. Except for such managerial or confidential employees and such civilian state employees of the divi- sion of military and naval affairs whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit, such differentials determined by the director during the term of such agreement shall only be payable from an amount which is collectively negotiated for such purposes pursuant to the terms of suchEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06521-01-1 S. 2093 2
an agreement between the state and an employee organization representing such employees; thereafter such differentials shall continue for those employees assigned to such position or temporary work assignment unless terminated or revoked in accordance with paragraph (b) of this subdivi- sion. FOR THE PURPOSES OF THE DIFFERENTIAL AUTHORIZED PURSUANT TO THIS SUBDIVISION, EMPLOYEES ASSIGNED TO WORK IN SHOCK INCARCERATION FACILI- TIES AND OTHER EMPLOYEES IN FACILITIES OR WORK RELEASE PROGRAMS OPERATED BY THE DEPARTMENT OF CORRECTIONAL SERVICES WHOSE REGULAR WORK ASSIGNMENT INVOLVES SUBSTANTIAL DIRECT CONTACT WITH INMATES SHALL RECEIVE THE SAME DIFFERENTIAL AS THAT PROVIDED FOR THOSE EMPLOYEES OF MEDIUM SECURITY FACILITIES WHO RECEIVE A HAZARDOUS DUTY DIFFERENTIAL. S 2. This act shall take effect on the ninetieth day after it shall have become a law.