Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 02, 2015 |
pocket veto - veto.589 |
Dec 30, 2014 |
delivered to governor |
Jun 19, 2014 |
returned to senate passed assembly ordered to third reading rules cal.497 substituted for a9853 |
Jun 18, 2014 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1549 committee discharged and committed to rules |
Jun 10, 2014 |
referred to civil service and pensions |
Senate Bill S7801
Vetoed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
2013-S7801 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9853
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §76, Civ Serv L
2013-S7801 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7801 TITLE OF BILL: An act to amend the civil service law, in relation to the negotiability of disciplinary procedures affecting employees in the competitive class of civil service of the state of New York or any civil division thereof PROVISIONS OF THE BILL: This bill amends Section 76 of the Civil Service Law to modify the language of subpart 4 thereof relied on by several courts in holding disciplinary procedures to be outside the protection of the Taylor Law where any other law commits discipline to the discretion of local officials and to make it clear that police officers and all other competitive class public employees in this state are entitled to collectively bargain the disciplinary procedures that affect them in their employment. The bill would also restore the provisions of any collective bargaining agreements or interest arbitration awards between public employers and public employee organizations relative to discipline that were invalidated by judicial or administrative decisions since the New York City PBA case was decided in 2006. JUSTIFICATION: The fundamental purpose of the Taylor Law adopted in 1967 was to make all term and conditions of employment in the public sector subject to collective bargaining. Early Taylor Law decisions established that disciplinary procedures were terms and conditions of employment subject to collective bargaining, and many collective
2013-S7801 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7801 I N S E N A T E June 10, 2014 ___________ Introduced by Sen. GOLDEN -- 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 the negotiability of disciplinary procedures affecting employees in the competitive class of civil service of the state of New York or any civil division thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and declarations. The Taylor Law requires collective bargaining over all "terms and conditions of employ- ment." Our courts have often stressed the importance of this policy and have made clear that "the presumption...that all terms and conditions of employment are subject to mandatory bargaining" cannot easily be over- come. IN THE MATTER OF PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC. V. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, 6 N.Y. 3d 563 at 572 (2006) (Hereinafter NYC PBA case). However, while paying homage to our state's strong and sweeping policy to support collective bargaining of all terms and conditions of employment under the Taylor Law, the Court of Appeals in the case cited above held that that policy must yield to any other legislation which specifically commits police discipline to the discretion of local officials, includ- ing the New York City charter, the Rockland County Police Act, section 155 of the town law and section 8-804 of the village law, provided only that those laws were passed prior to 1958 when Sections 75 and 76 of the civil service law providing minimum or back-stop provisions for due process disciplinary procedures for public employees were enacted. In doing so, the court cited specifically to the first sentence of subdivi- sion 4 of section 76 of the civil service law which says that sections 75 and 76 of the civil service law shall not be construed to repeal or modify pre-existing laws relating to the removal or suspension of offi- cers or employees in the competitive class of the civil service of the state or any civil division. Since the Taylor Law was enacted in 1967 making all terms and condi- tions of employment subject to collective bargaining, matters pertaining EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.