Bill Text: NY A05156 | 2019-2020 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A05156 Detail]

Download: New_York-2019-A05156-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5156
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M. of A. SCHIMMINGER, PEOPLES-STOKES, ZEBROWSKI, GOODELL
          -- Multi-Sponsored by -- M. of A. DiPIETRO -- 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.
                                                                   LBD03824-01-9
        A. 5156                             2
     1    § 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    § 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  amendments to the opening paragraph of subparagraph
    10  (v) of paragraph (c) of subdivision  4  of  section  209  of  the  civil
    11  service law made by section one of this act and the amendments to clause
    12  b  of  subparagraph (v) of paragraph (c) of subdivision 4 of section 209
    13  of the civil service law made by section  two  of  this  act  shall  not
    14  affect  the expiration of such subdivision and shall be deemed to expire
    15  therewith.