S2493-2011 Actions

• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Jan 24, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S2493-2011 Memo

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 � 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 � 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 � 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 � 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.

S2493-2011 Text

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

                                    2493

                         2011-2012 Regular Sessions

                              I N  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