S T A T E O F N E W Y O R K
________________________________________________________________________
6729--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. JOHN, PERRY, ESPAILLAT, AUBRY -- read once and
referred to the Committee on Labor -- recommitted to the Committee on
Labor in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the labor law, in relation to prohibiting quotas for a
ticket, summons or arrest authorized by any general, special or local
law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 215-a of the labor law, as amended by chapter 166
of the laws of 1991, subdivision 3 as amended by chapter 526 of the laws
of 1991, is amended to read as follows:
S 215-a. Discrimination against employees for failure to meet certain
ticket quotas. 1. No employer or his OR HER duly authorized agent shall
transfer or in any other manner penalize OR THREATEN, EXPRESSLY OR
IMPLIEDLY, an employee as to his OR HER employment [solely because] IN A
MANNER, INCLUDING, BUT NOT LIMITED TO, A REASSIGNMENT, A SCHEDULING
CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL, THE DENIAL OF A
PROMOTION, OR THE DENIAL OF OVERTIME, BASED IN WHOLE OR IN PART ON such
[employee has failed] EMPLOYEE'S FAILURE to meet a quota, established by
his OR HER employer or his OR HER duly authorized agent, of (A) tickets
or summonses issued within a specified period of time for [traffic]
violations [including parking, standing or stopping] OF PROVISIONS OF
LAW FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY GENERAL, SPECIAL
OR LOCAL LAW; OR (B) ARRESTS MADE WITHIN A SPECIFIED PERIOD OF TIME FOR
VIOLATIONS OF PROVISIONS OF LAW FOR WHICH SUCH ARREST IS AUTHORIZED BY
ANY GENERAL, SPECIAL OR LOCAL LAW; OR (C) STOPS OF INDIVIDUALS SUSPECTED
OF CRIMINAL ACTIVITY WITHIN A SPECIFIED PERIOD OF TIME. Any employee so
transferred or otherwise penalized may cause to be instituted a griev-
ance proceeding pursuant to the provisions of a collective bargaining
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05684-04-0
A. 6729--A 2
agreement, if any, or pursuant to the provisions of section seventy-
five-a of the civil service law if no collective bargaining agreement
exists. Any employee so transferred or otherwise penalized shall be
restored to his OR HER previously assigned position of employment and
shall be compensated by his OR HER employer for any loss of wages aris-
ing out of such transfer or other penalty, and shall have any penalty
imposed restored; provided, that if such employee shall cease to be
qualified to perform the duties of his OR HER employment he OR SHE shall
not be entitled to such restoration; and it shall be contrary to the
public policy of this state for such employer to establish or hereafter
maintain a quota policy of (I) tickets or summonses issued [for traffic
violations including parking, standing, or stopping] WITHIN A SPECIFIED
PERIOD OF TIME FOR VIOLATIONS OF PROVISIONS OF LAW FOR WHICH A TICKET OR
SUMMONS IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL LAW; OR (II)
ARRESTS MADE WITHIN A SPECIFIED PERIOD OF TIME FOR VIOLATIONS OF
PROVISIONS OF LAW FOR WHICH SUCH ARREST IS AUTHORIZED BY ANY GENERAL,
SPECIAL OR LOCAL LAW; OR (III) STOPS OF INDIVIDUALS SUSPECTED OF CRIMI-
NAL ACTIVITY WITHIN A SPECIFIED PERIOD OF TIME.
2. For the purpose of this section a quota shall mean a specific
number of (A) tickets or summonses [issued] for [traffic] violations
[including parking, standing or stopping which are required to be
issued] OF LAW FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY GENER-
AL, SPECIAL OR LOCAL LAW, WHICH ARE REQUIRED TO BE MADE WITHIN A SPECI-
FIED PERIOD OF TIME; OR (B) ARRESTS MADE FOR VIOLATIONS OF PROVISIONS OF
LAW FOR WHICH SUCH ARREST IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL
LAW, WHICH ARE REQUIRED TO BE MADE within a specified period of time; OR
(C) STOPS OF INDIVIDUALS SUSPECTED OF CRIMINAL ACTIVITY WITHIN A SPECI-
FIED PERIOD OF TIME.
[3. Nothing provided in this section shall prohibit an employer or his
duly authorized agent from transferring or taking any other job action
against such employee for failure to satisfactorily perform his job
assignment of issuing tickets or summonses for traffic violations
including parking, standing or stopping except that the employment
productivity of such employee shall not be measured by such employee's
failure to satisfactorily comply with the requirement of any quota, as
that term is defined herein, which may be established.]
S 2. Section 215-a of the labor law, as added by chapter 633 of the
laws of 1978, is amended to read as follows:
S 215-a. Discrimination against employees for failure to meet certain
ticket quotas. 1. No employer or his OR HER duly authorized agent shall
transfer or in any other manner penalize OR THREATEN, EXPRESSLY OR
IMPLIEDLY, an employee who is a police officer as to his OR HER employ-
ment [solely because] IN A MANNER, INCLUDING, BUT NOT LIMITED TO, A
REASSIGNMENT, A SCHEDULING CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE
DISMISSAL, THE DENIAL OF A PROMOTION, OR THE DENIAL OF OVERTIME BASED IN
WHOLE OR IN PART ON such [employee has failed] EMPLOYEE'S FAILURE to
meet a quota, established by his OR HER employer or his OR HER duly
authorized agent, of (A) tickets or summonses issued within a specified
period of time [for traffic violations other than parking, standing or
stopping] OF PROVISIONS OF LAW FOR WHICH A TICKET OR SUMMONS IS AUTHOR-
IZED BY ANY GENERAL, SPECIAL OR LOCAL LAW; OR (B) ARRESTS MADE WITHIN A
SPECIFIED PERIOD OF TIME FOR VIOLATIONS OF PROVISIONS OF LAW FOR WHICH
SUCH ARREST IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL LAW; OR (C)
STOPS OF INDIVIDUALS SUSPECTED OF CRIMINAL ACTIVITY WITHIN A SPECIFIED
PERIOD OF TIME. Any employee so transferred or otherwise penalized may
cause to be instituted a grievance proceeding pursuant to the provisions
A. 6729--A 3
of a collective bargaining agreement, if any, or pursuant to the
provisions of section seventy-five-a of the civil service law if no
collective bargaining agreement exists. Any employee so transferred or
otherwise penalized shall be restored to his OR HER previously assigned
position of employment and shall be compensated by his OR HER employer
for any loss of wages arising out of such transfer or other penalty, and
shall have any penalty imposed restored; provided, that if such employee
shall cease to be qualified to perform the duties of his OR HER employ-
ment he OR SHE shall not be entitled to such restoration; and it shall
be contrary to the public policy of this state for such employer to
establish or hereafter maintain a quota policy of (I) tickets or
summonses issued [for traffic violations other than parking, standing,
or stopping] WITHIN A SPECIFIED PERIOD OF TIME FOR VIOLATIONS OF
PROVISIONS OF LAW FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY
GENERAL, SPECIAL OR LOCAL LAW; OR (II) ARRESTS MADE WITHIN A SPECIFIED
PERIOD OF TIME FOR VIOLATIONS OF PROVISIONS OF LAW FOR WHICH SUCH ARREST
IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL LAW; OR (III) STOPS OF
INDIVIDUALS SUSPECTED OF CRIMINAL ACTIVITY WITHIN A SPECIFIED PERIOD OF
TIME.
2. For the purpose of this section a quota shall mean a specific
number of (A) tickets or summonses [issued] for [traffic] violations
[other than parking, standing or stopping which are required to be
issued] OF LAW FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY GENER-
AL, SPECIAL OR LOCAL LAW, WHICH ARE REQUIRED TO BE MADE WITHIN A SPECI-
FIED PERIOD OF TIME; OR (B) ARRESTS MADE FOR VIOLATIONS OF PROVISIONS OF
LAW FOR WHICH SUCH ARREST IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL
LAW, WHICH ARE REQUIRED TO BE MADE within a specified period of time; OR
(C) STOPS OF INDIVIDUALS SUSPECTED OF CRIMINAL ACTIVITY WITHIN A SPECI-
FIED PERIOD OF TIME.
[3. Nothing provided in this section shall prohibit an employer or his
duly authorized agent from transferring or taking any other job action
against such employee who is a police officer for failure to satisfac-
torily perform his job assignment of issuing tickets or summonses for
traffic violations other than parking, standing or stopping except that
the employment productivity of such police officer shall not be measured
by such officer's failure to satisfactorily comply with the requirement
of any quota, as that term is defined herein, which may be established.]
S 3. This act shall take effect immediately, provided that the amend-
ments to section 215-a of the labor law made by section one of this act
shall be subject to the expiration and reversion of such section pursu-
ant to section 406 of chapter 166 of the laws of 1991, as amended, when
upon such date the provisions of section two of this act shall take
effect.