Bill S6571-2013

Relates to salaries and benefits for certain state officers and employees excluded from collective negotiating units

Relates to salaries and benefits for certain state officers and employees excluded from collective negotiating units.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Jun 9, 2014: ADVANCED TO THIRD READING
  • Jun 3, 2014: 2ND REPORT CAL.
  • Jun 2, 2014: 1ST REPORT CAL.1081
  • Apr 28, 2014: REPORTED AND COMMITTED TO FINANCE
  • Feb 7, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - Apr 28, 2014
Ayes (10): Golden, Hannon, Lanza, Martins, Ritchie, Savino, Maziarz, Addabbo, Dilan, Perkins
Excused (1): Sanders

Memo

BILL NUMBER:S6571

TITLE OF BILL: An act to amend the civil service law and the correction law, in relation to compensation and other terms and conditions of employment of certain state officers and employees and to repeal certain provisions of such laws relating thereto

PURPOSE:

This bill would provide managerial or confidential employees of New York State salary and other benefits that were originally provided in Chapter 10 of the Laws of 2008 but subsequently such benefits were administratively withheld by the Executive for fiscal years 2009 and 2010. Such restoration would be prospective from April 1, 2014 forward.

SUMMARY OF PROVISIONS:

Section 1 of the bill enacts legislation necessary to implement changes to salary and benefits of certain state officers and employees excluded from collective bargaining units.

Section 2 of the bill would provide for the restoration of pay raises equal to the percentage pay raises withheld in 2009 and 2010 by the Executive while also including the pay raises provided for in 2014-2015 and 2015-2016 in the current statute.

Section 3 of the bill would provide for the restoration of pay raises equal to the percentage pay raises withheld in 2009 and 2010 by the Executive while also including the pay raises provided for in 2014-2015 and 2015-2016 in the current statute for certain state officers and employees not otherwise covered by section 2 of this chapter.

Section 4 of the bill would provide for an immediate effective date and shall be deemed to have been in full force and effect on and after April 1, 2014.

JUSTIFICATION:

Salary increases, pursuant to Chapter 10 of the Laws of 2008, for managerial or confidential employees of the state were administratively withheld in 2009 and 2010. As a result, managerial or confidential employee salaries have become an increasing subject of controversy in recent years. Moreover, the absence of a pay increase has produced legal challenges and threatens the entire pay structure established in Article 8 of the civil service law. In fact, some managerial or confidential employees make less than those they supervise while others make less than their union-represented counterparts at the same grade level. Unlike the states unionized workforce, managerial or confidential employees are prohibited from collectively bargaining increases in compensation and are not contractually protected.

As a result, there are an increasing number of state employees across the state that are turning down promotions or seeking demotions as

such a promotion or current M/C status results in significantly less pay than that of a unionized employee.

In addition, as a result of the administrative withholding of M/C pay raises in 2009 and 2010, as well as the non-negotiated pay schedules contained in the 2011-2016 PayBill, enacted at the end of the 2011 Legislative Session, M/C employees, have not received a raise for 5 consecutive years as of 3/31/2014.

This bill would address the issue by restoring the withheld salary on a prospective basis. More importantly, these proper salary levels will ensure the State's ability to continue to promote, recruit and hire qualified managers through this restoration of equity in the salary schedules.

LEGISLATIVE HISTORY:

New legislation

FISCAL IMPLICATIONS:

The cost to the State to restore these withheld benefits would be approximately $63.5 million above the current Executive budget proposal. This figure includes increased payments to the appropriate public pension systems.

It should be noted that since the 2009 and 2010 withholdings were done because of large state deficits that it is only fair these amounts should be restored in this year because of the surplus that is anticipated by close of business for fiscal year 2013-2014. It is estimated that the State has saved in excess of $500 million since April, 2009 due to this withholding and delay of M/C salary increases and performance advances (steps).

EFFECTIVE DATE:

This bill would take effect immediately upon enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 6571 IN SENATE February 7, 2014 ___________
Introduced by Sen. DeFRANCISCO -- 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 correction law, in relation to compensation and other terms and conditions of employment of certain state officers and employees and to repeal certain provisions of such laws relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. This act enacts into law legislation necessary to implement changes to salary and benefits for certain state officers and employees excluded from collective negotiating units. S 2. Paragraph d of subdivision 1 of section 130 of the civil service law is REPEALED and a new paragraph d is added to read as follows: D. SALARY GRADES FOR POSITIONS IN THE COMPETITIVE, NON-COMPETITIVE AND LABOR CLASSES OF THE CLASSIFIED SERVICE OF THE STATE OF NEW YORK DESIG- NATED MANAGERIAL OR CONFIDENTIAL PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER, SHALL BE AS FOLLOWS ON THE EFFECTIVE DATES INDICATED: SALARIES AND BENEFITS FOR CERTAIN STATE OFFICERS AND EMPLOYEES EXCLUDED FROM COLLECTIVE NEGOTIATING UNITS FOR 2014-2016 (1) EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN: GRADE HIRING RATE JOB RATE PERFORMANCE ADVANCE M/C 3 $24,635 $31,495 $1,143 M/C 4 $25,722 $32,923 $1,200 M/C 5 $27,267 $34,521 $1,209 M/C 6 $28,423 $36,291 $1,311 M/C 7 $30,062 $38,256 $1,366 M/C 8 $31,713 $40,229 $1,419 M/C 9 $33,523 $42,368 $1,474 M/C 10 $35,330 $44,718 $1,565
M/C 11 $37,473 $47,202 $1,622 M/C 12 $39,451 $49,677 $1,704 M/C 13 $41,747 $52,436 $1,782 M/C 14 $44,226 $55,321 $1,849 M/C 15 $46,686 $58,309 $1,937 M/C 16 $49,319 $61,418 $2,017 M/C 17 $52,116 $64,806 $2,115 M/C 18 $52,394 $66,494 $2,350 M/C 19 $55,204 $70,010 $2,468 M/C 20 $58,018 $73,518 $2,583 M/C 21 $61,147 $77,379 $2,705 M/C 22 $64,433 $81,415 $2,830 M/C 23 $67,735 $85,633 $2,983 M 1 $73,112 $94,833 $3,620 M 2 $81,083 $102,838 $3,626 M 3 $89,992 $113,720 $3,955 M 4 $99,534 $125,609 $4,346 M 5 $110,517 $139,631 $4,852 M 6 $122,365 $153,912 $5,258 M 7 $134,880 $167,047 $5,361 M 8 $113,722+ (2) EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN: GRADE HIRING RATE JOB RATE PERFORMANCE ADVANCE M/C 3 $25,128 $32,125 1,166 M/C 4 $26,236 $33,581 1,224 M/C 5 $27,812 $35,211 1,233 M/C 6 $28,991 $37,017 1,338 M/C 7 $30,663 $39,021 1,393 M/C 8 $32,347 $41,034 1,448 M/C 9 $34,193 $43,215 1,504 M/C 10 $36,037 $45,612 1,596 M/C 11 $38,222 $48,146 1,654 M/C 12 $40,240 $50,671 1,739 M/C 13 $42,582 $53,485 1,817 M/C 14 $45,111 $56,427 1,886 M/C 15 $47,620 $59,475 1,976 M/C 16 $50,305 $62,646 2,057 M/C 17 $53,158 $66,102 2,157 M/C 18 $53,442 $67,824 2,397 M/C 19 $56,308 $71,410 2,517 M/C 20 $59,178 $74,988 2,635 M/C 21 $62,370 $78,927 2,760 M/C 22 $65,722 $83,043 2,887 M/C 23 $69,090 $87,346 3,043 M 1 $74,574 $96,730 3,693 M 2 $82,705 $104,895 3,698 M 3 $91,792 $115,994 4,037 M 4 $101,525 $128,121 4,433 M 5 $112,727 $142,424 4,950 M 6 $124,812 $156,990 5,363 M 7 $137,578 $170,388 5,468 M 8 $115,996+ S 3. Subdivision 1 of section 19 of the correction law is REPEALED and a new subdivision 1 is added to read as follows:
1. THIS SECTION SHALL APPLY TO EACH SUPERINTENDENT OF A CORRECTIONAL FACILITY APPOINTED ON OR AFTER AUGUST NINTH, NINETEEN HUNDRED SEVENTY-FIVE AND ANY SUPERINTENDENT HERETOFORE APPOINTED WHO ELECTS TO BE COVERED BY THE PROVISIONS THEREOF BY FILING SUCH ELECTION WITH THE COMMISSIONER. A. THE SALARY SCHEDULE FOR SUPERINTENDENTS OF A CORRECTIONAL FACILITY WITH AN INMATE POPULATION CAPACITY OF FOUR HUNDRED OR MORE INMATES SHALL BE AS FOLLOWS: EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN: HIRING RATE JOB RATE $115,723 $157,923 EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN: HIRING RATE JOB RATE $118,037 $161,081 B. THE SALARY SCHEDULE FOR SUPERINTENDENTS OF CORRECTIONAL FACILITIES WITH AN INMATE POPULATION CAPACITY OF FEWER THAN FOUR HUNDRED INMATES SHALL BE AS FOLLOWS: EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN: HIRING RATE JOB RATE $89,992 $113,721 EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN: HIRING RATE JOB RATE $91,792 $115,995 S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014.

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