Bill S3403-2011

Provides procedures for resolution of disputes between a public employer and Suffolk county probation officers

Provides procedures for resolution of disputes between a public employer and Suffolk county probation officers.

Details

Actions

  • Sep 23, 2011: VETOED MEMO.73
  • Sep 12, 2011: DELIVERED TO GOVERNOR
  • Jun 15, 2011: returned to senate
  • Jun 15, 2011: passed assembly
  • Jun 15, 2011: home rule request
  • Jun 15, 2011: ordered to third reading rules cal.216
  • Jun 15, 2011: substituted for a5389
  • Jun 2, 2011: referred to governmental employees
  • Jun 2, 2011: DELIVERED TO ASSEMBLY
  • Jun 2, 2011: PASSED SENATE
  • Jun 2, 2011: HOME RULE REQUEST
  • May 24, 2011: ADVANCED TO THIRD READING
  • May 23, 2011: 2ND REPORT CAL.
  • May 18, 2011: 1ST REPORT CAL.786
  • Feb 18, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - May 18, 2011
Ayes (10): Golden, Fuschillo, Hannon, Lanza, Little, Martins, O'Mara, Addabbo, Dilan, Serrano
Ayes W/R (2): Perkins, Savino

Memo

BILL NUMBER:S3403

TITLE OF BILL: An act to amend the civil service law, in relation to resolution of disputes between a public employer and Suffolk county probation officers

PURPOSE OR GENERAL IDEA OF BILL: Provides procedures for resolution of disputes between a public employer and Suffolk County probation officers.

SUMMARY OF SPECIFIC PROVISIONS: Section 1- Amends subdivision 2 of section 209 of civil service law, as amended by chapter 190 of laws of 2007.

Section 2- Amends subdivision 2 of section 209 of civil service law, as amended by section 2 of chapter 737 of the laws of 2005.

Section 3- Amends the opening paragraph of subdivision 4 of section 209 of the civil service law, as amended by chapter 190 of the laws of 2007.

Section 4- Amends subdivision 4 of section 209 of the civil service law by adding a new paragraph.

Section 5- Contains effective date.

JUSTIFICATION: To establish procedures so that Suffolk County probation officers will have some kind of recourse when they have a problem with their public employer.

PRIOR LEGISLATIVE HISTORY: 2008: A.9394 - referred to Governmental Employees 2009-10: A.7171 (A) - Veto 6710

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, provided, however, that amendments to subdivision 2 of section 209 of the civil service law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 3 of chapter 485 of the laws of 1990, as amended, when upon such date the provisions of section two of this act shall take effect; and provided further that the amendments to subdivision 4 of section 209 of the civil service law, made by sections three and four of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 3403 A. 5389 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y February 18, 2011 ___________
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, SALADINO, RAMOS -- 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: Section 1. Subdivision 2 of section 209 of the civil service law, as amended by section 1 of chapter 234 of the laws of 2008, is amended to read as follows: 2. Public employers are hereby empowered to enter into written agree- ments with recognized or certified employee organizations setting forth procedures to be invoked in the event of disputes which reach an impasse in the course of collective negotiations. Such agreements may include the undertaking by each party to submit unresolved issues to impartial arbitration. In the absence or upon the failure of such procedures, public employers and employee organizations may request the board to render assistance as provided in this section, or the board may render such assistance on its own motion, as provided in subdivision three of this section, or, in regard to officers or members of any organized fire department, or any unit of the public employer which previously was a part of an organized fire department whose primary mission includes the prevention and control of aircraft fires, police force or police depart- ment of any county, city, town, village or fire or police district, or detective-investigators, or rackets investigators employed in the office of a district attorney of a county, or in regard to any organized unit of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators, senior investigators and investigator specialists of the division of state police, or in regard to members of collective negotiating units designated as security services and security supervisors who are police officers, who are forest ranger captains or who are employed by the state department of correctional services and are designated as peace officers pursuant to subdivision twenty-five of section 2.10 of the criminal procedure law, or in regard to members of the collective negotiating unit designated as the agency law enforcement services unit who are police officers pursu- ant to subdivision thirty-four of section 1.20 of the criminal procedure law or who are forest rangers, or in regard to organized units of deputy sheriffs who are engaged directly in criminal law enforcement activities that aggregate more than fifty per centum of their service as certified by the county sheriff and are police officers pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law as certified by the municipal police training council or Suffolk county correction officers or Suffolk county park police OR SUFFOLK COUNTY PROBATION OFFI- CERS, as provided in subdivision four of this section. S 2. Subdivision 2 of section 209 of the civil service law, as amended by section 2 of chapter 234 of the laws of 2008, is amended to read as follows: 2. Public employers are hereby empowered to enter into written agree- ments with recognized or certified employee organizations setting forth procedures to be invoked in the event of disputes which reach an impasse in the course of collective negotiations. Such agreements may include the undertaking by each party to submit unresolved issues to impartial arbitration. In the absence or upon the failure of such procedures, public employers and employee organizations may request the board to render assistance as provided in this section, or the board may render such assistance on its own motion, as provided in subdivision three of this section, or, in regard to officers or members of any organized fire department, or any unit of the public employer which previously was a part of an organized fire department whose primary mission includes the prevention and control of aircraft fires, police force or police depart- ment of any county, city, except the city of New York, town, village or fire or police district, or in regard to organized units of deputy sher- iffs who are engaged directly in criminal law enforcement activities that aggregate more than fifty per centum of their service as certified by the county sheriff and are police officers pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law as certified by the municipal police training council or Suffolk county correction officers or Suffolk county park police OR SUFFOLK COUNTY PROBATION OFFI- CERS, as provided in subdivision four of this section. S 3. The opening paragraph of subdivision 4 of section 209 of the civil service law, as amended by chapter 234 of the laws of 2008, is amended to read as follows: On request of either party or upon its own motion, as provided in subdivision two of this section, and in the event the board determines that an impasse exists in collective negotiations between such employee organization and a public employer as to the conditions of employment of officers or members of any organized fire department, or any other unit of the public employer which previously was a part of an organized fire department whose primary mission includes the prevention and control of aircraft fires, police force or police department of any county, city, town, village or fire or police district, and detective-investigators, criminal investigators or rackets investigators employed in the office
of a district attorney, or as to the conditions of employment of members of any organized unit of troopers, commissioned or noncommissioned offi- cers of the division of state police or as to the conditions of employ- ment of members of any organized unit of investigators, senior investi- gators and investigator specialists of the division of state police, or as to the terms and conditions of employment of members of collective negotiating units designated as security services and security supervi- sors, who are police officers, who are forest ranger captains or who are employed by the state department of correctional services and are desig- nated as peace officers pursuant to subdivision twenty-five of section 2.10 of the criminal procedure law, or in regard to members of the collective negotiating unit designated as the agency law enforcement services unit who are police officers pursuant to subdivision thirty- four of section 1.20 of the criminal procedure law or who are forest rangers, or as to the conditions of employment of any organized unit of deputy sheriffs who are engaged directly in criminal law enforcement activities that aggregate more than fifty per centum of their service as certified by the county sheriff and are police officers pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law as certified by the municipal police training council or Suffolk county correction officers or Suffolk county park police OR SUFFOLK COUNTY PROBATION OFFICERS, the board shall render assistance as follows: S 4. Subdivision 4 of section 209 of the civil service law is amended by adding a new paragraph (j) to read as follows: (J) WITH REGARD TO SUFFOLK COUNTY PROBATION OFFICERS, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ISSUES RELATING TO DISCIPLINARY PROCEDURES AND INVESTIGATIONS OR ELIGIBILITY AND ASSIGNMENT TO DETAILS AND POSITIONS, WHICH SHALL BE GOVERNED BY OTHER PROVISIONS PRESCRIBED BY LAW. S 5. This act shall take effect immediately, provided, however, that the amendments to subdivision 2 of section 209 of the civil service law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 3 of chapter 485 of the laws of 1990, as amended, when upon such date the provisions of section two of this act shall take effect; and provided further that the amendments to subdivision 4 of section 209 of the civil service law, made by sections three and four of this act, shall not affect the expi- ration of such subdivision and shall be deemed to expire therewith.

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