Directs the governor to establish a 2 year pilot program providing a 4 day work week for certain state employees; requires the department of civil service to report on the cost saving derived from the implementation of such program.
TITLE OF BILL: An act to amend the civil service law and the general construction law, in relation to establishing a pilot program providing for a four-day work week for state employees
PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish a pilot program for a mandatory 4-day work week for state agencies, in order to provide fiscal, environmental and energy benefits to New Yorkers.
SUMMARY OF PROVISIONS:
Bill §1 adds a new §134-a to the Civil Service Law providing for establishment by the Governor of a mandatory 4-day work week pilot program for state employees. Under such program:
* the work week for all state offices (or units thereof) participating in the program will be 8 a.m to 6 p.m., Monday through Thursday.
* the Governor determines the offices or other units in state agencies that will participate in the pilot program, after evaluating the extent to which such offices or units provide an essential public service, such as law enforcement or health care, that must be provided on a continuous basis; the extent to which a change to a 4-day work week for a particular office or unit may have adverse impacts on revenues or public services; the ability of the state to benefit from reduced energy expenditures for leased space; and other matters he deems appropriate.
* mechanisms are provided for accommodating employees who would otherwise experience substantial and unavoidable hardships under the new schedule.
* no employee shall forfeit any remuneration or benefit by virtue of the operation of the pilot program, and the Governor may vary the provisions of any statute or regulation relating to vacation and leave credits, by executive order, to ensure that no such forfeiture occurs.
* the program shall be initiated within 120 days of enactment and run for a period of not less than 2 years, with a midterm comparing baseline agency operating costs to the energy and environmental impacts and building cost savings resulting from the pilot program. Such report shall also estimate the impact of the pilot program on other variables, including but not limited to commuter miles traveled, commuting costs, and public and employee satisfaction with the program.
Bill §2 amends §20 of the General Construction Law to ensure that official acts that would otherwise need to be performed on a "dark day" under the pilot program would carry over until the next succeeding business day.
SUMMARY OF AMENDMENTS:
Bill §1 is amended to add a new subdivision 5 to Civil Service Law §134-a, clarifying that nothing in that section is intended to diminish any contractual rights, privileges or remedies of state employees.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Civil Service Law §134(1) currently establishes a standard 40-hour work week for state employees, but state statutes are silent on the number of days that comprise the work week.
The current economic crisis necessitates rethinking the ways in which government services are provided. Finding more efficient and effective means of service delivery can enable government agencies to fulfill their missions while reducing expenses. State and local governments around the United States have begun to experiment with four-day schedules as a means of providing improved service to the public at lower cost.
Providing for a four-day work week for many New York State employees could result in multiple benefits, including fiscal savings, expanded access to services for the public, reductions in energy demand, reduced commuting costs and traffic congestion, and decreased levels of pollution resulting from reductions in energy demand and vehicle miles traveled. Establishing a pilot program providing for a four-day work week will assist in dealing with the current economic crisis and enable decision makers to evaluate the long-term desirability of a four-day work week.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Along with producing many other benefits, this bill is designed to result in fiscal savings for New York State.
STATE OF NEW YORK ________________________________________________________________________ 2512 2011-2012 Regular Sessions IN SENATE January 24, 2011 ___________Introduced by Sen. GIANARIS -- 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 and the general construction law, in relation to establishing a pilot program providing for a four-day work week for state employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds and declares that the current economic crisis necessitates rethinking the ways in which government services are provided. Finding more efficient and effective means of service delivery can enable government agencies to fulfill their missions while reducing expenses. State and local govern- ments around the United States have begun to experiment with four-day schedules as a means of providing improved service to the public at lower cost. Providing for a four-day work week for many state employees could result in multiple benefits, including fiscal savings, expanded access to services for the public, reductions in energy demand, reduced commuting costs and traffic congestion, and decreased levels of pollution resulting from reductions in energy demand and vehicle miles traveled. Establishing a pilot program providing for a four-day work week will assist in dealing with the current economic crisis and enable decisionmakers to evaluate the long-term desirability of a four-day work week. S 2. The civil service law is amended by adding a new section 134-a to read as follows: S 134-A. FOUR-DAY WORK WEEK PILOT PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE GOVERNOR SHALL ESTABLISH A PILOT PROGRAM PROVIDING FOR A MANDATORY FOUR-DAY WORK WEEK FOR STATE EMPLOYEES. UNDER SUCH PROGRAM, THE WORK WEEK FOR ALL STATE OFFICES OR UNITS THEREOF PARTICIPATING IN THE PROGRAM SHALL BE EIGHT O'CLOCK A.M. TO SIX O'CLOCK P.M., MONDAY THROUGH THURSDAY.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05777-01-1 S. 2512 2
2. THE GOVERNOR SHALL DETERMINE THE OFFICES OR OTHER UNITS IN STATE AGENCIES THAT WILL PARTICIPATE IN THE PILOT PROGRAM. IN MAKING SUCH DETERMINATIONS, THE GOVERNOR SHALL EVALUATE: (A) THE EXTENT TO WHICH SUCH OFFICES OR UNITS PROVIDE AN ESSENTIAL PUBLIC SERVICE, SUCH AS LAW ENFORCEMENT OR HEALTH CARE, THAT MUST BE PROVIDED ON A CONTINUOUS BASIS; (B) THE EXTENT TO WHICH A CHANGE TO A FOUR-DAY WORK WEEK FOR A PARTIC- ULAR OFFICE OR UNIT MAY HAVE ADVERSE IMPACTS ON REVENUES OR PUBLIC SERVICES; (C) THE ABILITY OF THE STATE TO BENEFIT FROM REDUCED ENERGY EXPENDI- TURES FOR LEASED SPACE; AND (D) SUCH OTHER MATTERS AS THE GOVERNOR MAY DEEM APPROPRIATE. 3. THE PILOT PROGRAM SHALL PROVIDE MECHANISMS FOR THE ACCOMMODATION OF INDIVIDUAL EMPLOYEES WHO CAN DOCUMENT THAT THEY WOULD OTHERWISE EXPERI- ENCE SUBSTANTIAL AND UNAVOIDABLE HARDSHIPS UNDER THE NEW SCHEDULE ADOPTED PURSUANT TO THIS SECTION. NO EMPLOYEE SHALL FORFEIT ANY REMUNER- ATION OR BENEFIT BY VIRTUE OF THE OPERATION OF THE PILOT PROGRAM, AND THE GOVERNOR SHALL BE AUTHORIZED AND EMPOWERED TO VARY THE PROVISIONS OF ANY STATUTE OR REGULATION RELATING TO VACATION AND LEAVE CREDITS, BY EXECUTIVE ORDER, TO ENSURE THAT NO SUCH FORFEITURE OCCURS. 4. THE GOVERNOR SHALL INITIATE THE PILOT PROGRAM NOT MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. SUCH PROGRAM SHALL RUN FOR A PERIOD OF NOT LESS THAN TWO YEARS AFTER INITI- ATION. THE DEPARTMENT SHALL PREPARE AND MAKE PUBLIC A BASELINE REPORT DETAILING THE OPERATING COSTS, INCLUDING ENERGY USAGE AND THE COSTS OF BUILDING MAINTENANCE, ATTRIBUTABLE TO AFFECTED OFFICES AND UNITS OF STATE AGENCIES PRIOR TO THEIR PARTICIPATION IN THE PILOT PROGRAM. NOT LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE PILOT PROGRAM HAS BEEN OPERATIONAL FOR A FULL YEAR, THE DEPARTMENT SHALL SUBMIT TO THE GOVER- NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM- BLY A REPORT COMPARING SUCH BASELINE COSTS TO THE ENERGY AND ENVIRON- MENTAL IMPACTS AND BUILDING COST SAVINGS RESULTING FROM THE PILOT PROGRAM. SUCH REPORT SHALL ALSO ESTIMATE THE IMPACT OF THE PILOT PROGRAM ON OTHER VARIABLES, INCLUDING BUT NOT LIMITED TO COMMUTER MILES TRAV- ELED, COMMUTING COSTS, AND PUBLIC AND EMPLOYEE SATISFACTION WITH THE PROGRAM. 5. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES OR REMEDIES OF ANY STATE EMPLOYEE PURSUANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER OR ANY OTHER EMPLOYMENT CONTRACT. S 3. Section 20 of the general construction law, as amended by chapter 172 of the laws of 1988, is amended to read as follows: S 20. Day, computation. A number of days specified as a period from a certain day within which or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made. If such period is a period of two days, Saturday, Sunday or a public holiday must be excluded from the reckoning if it is an intervening day between the day from which the reckoning is made and the last day of the period. In computing any specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period of time is reckoned shall be excluded in making the reckoning. WHENEVER ANY PAYMENT OF MONEY, PERFORMANCE OF A CONDITION OR OTHER ACTION IS AUTHORIZED OR REQUIRED TO BE DONE WITHIN A PERIOD OF TIME, AND SUCH PERIOD ENDS ON A FRIDAY ON WHICH A STATE AGENCY WHICH IS A NECESSARY PARTY TO THES. 2512 3
PAYMENT, PERFORMANCE OR ACTION IS NOT OPEN BY VIRTUE OF PARTICIPATING IN A FOUR-DAY WORK WEEK PILOT PROGRAM PURSUANT TO SECTION ONE HUNDRED THIR- TY-FOUR-A OF THE CIVIL SERVICE LAW, SUCH FRIDAY MAY BE DEEMED A "PUBLIC HOLIDAY" FOR THE PURPOSES OF TIME COMPUTATION. S 4. This act shall take effect immediately.