S T A T E O F N E W Y O R K
________________________________________________________________________
7171--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 25, 2009
___________
Introduced by M. of A. ABBATE, TOWNSEND, SALADINO, ALESSI -- read once
and referred to the Committee on Governmental Employees -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil service law, in relation to resolution of
disputes between a public employer and Suffolk county probation offi-
cers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 209 of the civil service law, as
amended by section 1 of chapter 234 of the laws of 2008, is amended to
read as follows:
2. Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues to impartial
arbitration. In the absence or upon the failure of such procedures,
public employers and employee organizations may request the board to
render assistance as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which previously was a
part of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, town, village or fire or police district, or
detective-investigators, or rackets investigators employed in the office
of a district attorney of a county, or in regard to any organized unit
of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators, senior investigators and
investigator specialists of the division of state police, or in regard
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06729-02-9
A. 7171--A 2
to members of collective negotiating units designated as security
services and security supervisors who are police officers, who are
forest ranger captains or who are employed by the state department of
correctional services and are designated as peace officers pursuant to
subdivision twenty-five of section 2.10 of the criminal procedure law,
or in regard to members of the collective negotiating unit designated as
the agency law enforcement services unit who are police officers pursu-
ant to subdivision thirty-four of section 1.20 of the criminal procedure
law or who are forest rangers, or in regard to organized units of deputy
sheriffs who are engaged directly in criminal law enforcement activities
that aggregate more than fifty per centum of their service as certified
by the county sheriff and are police officers pursuant to subdivision
thirty-four of section 1.20 of the criminal procedure law as certified
by the municipal police training council or Suffolk county correction
officers or Suffolk county park police OR SUFFOLK COUNTY PROBATION OFFI-
CERS, as provided in subdivision four of this section.
S 2. Subdivision 2 of section 209 of the civil service law, as amended
by section 2 of chapter 234 of the laws of 2008, is amended to read as
follows:
2. Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues to impartial
arbitration. In the absence or upon the failure of such procedures,
public employers and employee organizations may request the board to
render assistance as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which previously was a
part of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, except the city of New York, town, village or
fire or police district, or in regard to organized units of deputy sher-
iffs who are engaged directly in criminal law enforcement activities
that aggregate more than fifty per centum of their service as certified
by the county sheriff and are police officers pursuant to subdivision
thirty-four of section 1.20 of the criminal procedure law as certified
by the municipal police training council or Suffolk county correction
officers or Suffolk county park police OR SUFFOLK COUNTY PROBATION OFFI-
CERS, as provided in subdivision four of this section.
S 3. The opening paragraph of subdivision 4 of section 209 of the
civil service law, as amended by chapter 234 of the laws of 2008, is
amended to read as follows:
On request of either party or upon its own motion, as provided in
subdivision two of this section, and in the event the board determines
that an impasse exists in collective negotiations between such employee
organization and a public employer as to the conditions of employment of
officers or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized fire
department whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any county, city,
town, village or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in the office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
A. 7171--A 3
cers of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior investi-
gators and investigator specialists of the division of state police, or
as to the terms and conditions of employment of members of collective
negotiating units designated as security services and security supervi-
sors, who are police officers, who are forest ranger captains or who are
employed by the state department of correctional services and are desig-
nated as peace officers pursuant to subdivision twenty-five of section
2.10 of the criminal procedure law, or in regard to members of the
collective negotiating unit designated as the agency law enforcement
services unit who are police officers pursuant to subdivision thirty-
four of section 1.20 of the criminal procedure law or who are forest
rangers, or as to the conditions of employment of any organized unit of
deputy sheriffs who are engaged directly in criminal law enforcement
activities that aggregate more than fifty per centum of their service as
certified by the county sheriff and are police officers pursuant to
subdivision thirty-four of section 1.20 of the criminal procedure law as
certified by the municipal police training council or Suffolk county
correction officers or Suffolk county park police OR SUFFOLK COUNTY
PROBATION OFFICERS, the board shall render assistance as follows:
S 4. Subdivision 4 of section 209 of the civil service law is amended
by adding a new paragraph (j) to read as follows:
(J) WITH REGARD TO SUFFOLK COUNTY PROBATION OFFICERS, THE PROVISIONS
OF THIS SECTION SHALL NOT APPLY TO ISSUES RELATING TO DISCIPLINARY
PROCEDURES AND INVESTIGATIONS OR ELIGIBILITY AND ASSIGNMENT TO DETAILS
AND POSITIONS, WHICH SHALL BE GOVERNED BY OTHER PROVISIONS PRESCRIBED BY
LAW.
S 5. This act shall take effect immediately, provided, however, that
the amendments to subdivision 2 of section 209 of the civil service law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 3 of chapter 485 of
the laws of 1990, as amended, when upon such date the provisions of
section two of this act shall take effect; and provided further that the
amendments to subdivision 4 of section 209 of the civil service law,
made by sections three and four of this act, shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.