Bill Text: NY A02282 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires the public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined in this bill.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-05-01 - held for consideration in governmental employees [A02282 Detail]

Download: New_York-2011-A02282-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2282
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2011
                                      ___________
       Introduced  by  M. of A. SCHIMMINGER, HOYT, PEOPLES-STOKES, ZEBROWSKI --
         read once and referred to the Committee on Governmental Employees
       AN ACT to amend the civil service law,  in  relation  to  binding  arbi-
         tration for certain public employees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subparagraph (v) of paragraph  (c)
    2  of  subdivision 4 of section 209 of the civil service law, as amended by
    3  chapter 216 of the laws of 1977, is amended to read as follows:
    4    the public arbitration panel shall make a just and reasonable determi-
    5  nation of the matters in dispute. In arriving at such determination, the
    6  panel shall CONSIDER, ABOVE ALL OTHER FACTORS, THE FINANCIAL ABILITY  OF
    7  THE  PUBLIC  EMPLOYER TO PAY. THE PUBLIC EMPLOYER'S ABILITY TO PAY SHALL
    8  BE DEFINED AS EXISTING FISCAL CAPACITY WITHOUT RESORT TO EITHER  NEW  OR
    9  INCREASED  TAXATION INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF TAXATION
   10  IN THE POLITICAL SUBDIVISION COMPARED TO SIMILAR POLITICAL  SUBDIVISIONS
   11  IN  OTHER  AREAS  OF  THE  STATE, THE TAX BASE, ANY EVIDENCE OF ECONOMIC
   12  DECLINE AND  ANY  OTHER  APPLICABLE  MEASURES  OF  FISCAL  DISTRESS,  OR
   13  EXTRAORDINARY  REDUCTIONS  IN OTHER GOVERNMENTAL EXPENDITURES. THE ARBI-
   14  TRATION PANEL SHALL ALSO CONSIDER THE COMPETING FINANCIAL OBLIGATIONS OF
   15  THE PUBLIC EMPLOYER WHICH MAY BE  AFFECTED  BY  SUCH  DETERMINATION  AND
   16  SPECIFICALLY  THE  IMPACT  OF  ANY SUCH DETERMINATION ON ONGOING NEGOTI-
   17  ATIONS OR SUCCESSOR NEGOTIATIONS WITH EMPLOYEE ORGANIZATIONS  REPRESENT-
   18  ING OTHER EMPLOYEES OF THE PUBLIC EMPLOYER.  THE ARBITRATION PANEL SHALL
   19  SPECIFY  ITS RATIONALE IN THE DETERMINATION, INCLUDING THE CONSIDERATION
   20  OF SUCH ABILITY OF THE PUBLIC EMPLOYER TO PAY WITHOUT RESORT TO  NEW  OR
   21  INCREASED  TAXATION. THE PANEL SHALL specify the basis for its findings,
   22  taking into SECONDARY consideration, in addition to any  other  relevant
   23  factors, the following:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02602-01-1
       A. 2282                             2
    1    S 2. Clause b of subparagraph (v) of paragraph (c) of subdivision 4 of
    2  section  209  of the civil service law, as amended by chapter 216 of the
    3  laws of 1977, is amended to read as follows:
    4    b.  the interests and welfare of the public [and the financial ability
    5  of the public employer to pay];
    6    S 3. This act shall take effect immediately, except that sections  one
    7  and  two  of  this act shall only apply to disputes referred to a public
    8  arbitration panel on or after  the  effective  date  of  this  act,  and
    9  provided that the amendment to the opening paragraph of subparagraph (v)
   10  of  paragraph  (c)  of subdivision 4 of section 209 of the civil service
   11  law made by section one of this act and the amendment  to  clause  b  of
   12  subparagraph (v) of paragraph (c) of subdivision 4 of section 209 of the
   13  civil  service  law made by section two of this act shall not affect the
   14  expiration of such subdivision and shall be deemed to expire therewith.