NY State Senate Bill 2009-S2956

Senate Bill S2956

Signed By Governor

2009-2010 Legislative Session

Expands the quota penalty provisions to include a ticket, summons or arrest authorized by any general, special or local law

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.460
Aug 18, 2010	delivered to governor
Jul 01, 2010	returned to senate passed assembly ordered to third reading rules cal.514 substituted for a6729a
Jun 16, 2010	referred to labor delivered to assembly passed senate ordered to third reading cal.992
Jun 15, 2010	committee discharged and committed to rules
Jun 09, 2010	print number 2956a
Jun 09, 2010	amend and recommit to codes
Jun 07, 2010	reported and committed to codes
Jan 06, 2010	referred to labor
Mar 06, 2009	referred to labor

Votes

- Jun 16, 2010 - Floor Vote
  S2956
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 16, 2010 - Rules Committee Vote
  S2956
  
  20
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2010
      
      aye (20)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (3)
      
      Hannon
      
      LaValle
      
      Larkin
  Jun 7, 2010 - Labor Committee Vote
  S2956
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Jun 7, 2010
      
      aye (15)
      
      Addabbo Jr.
      
      Alesi
      
      Breslin
      
      Dilan
      
      Fuschillo
      
      Klein
      
      Leibell
      
      Marcellino
      
      McDonald
      
      Onorato
      
      Perkins
      
      Robach
      
      Savino
      
      Stachowski
      
      Stewart-Cousins
      
      excused (1)
      
      Morahan

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S2956 - Details

See Assembly Version of this Bill:: A6729
Law Section:: Labor Law
Laws Affected:: Amd §215-a, Lab L

2009-S2956 - Summary

Expands the quota penalty provisions to include a ticket, summons or arrest authorized by any general, special or local law made within a specified period of time, and quotas for stops of individuals suspected of criminal activity within a specified period of time; further provides that such employee shall not threaten an employee through a reassignment, scheduling change, adverse evaluation, constructive dismissal, denial of a promotion or the denial of overtime.

2009-S2956 - Sponsor Memo

                                 BILL NUMBER:  S2956

 TITLE OF BILL :

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


 PURPOSE :

Expands the quota penalty provisions to include a ticket, summons or
arrest.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 215-a of the Labor law, to expand
the current ban on ticket quotas to include a ban on arrest or summons
quotas.

 EXISTING LAW :

Section 215-a of the Labor Law currently prohibits discrimination
against employees for failure to meet ticket and summons quotas.

 JUSTIFICATION :

Tickets, summons and arrests should be utilized by the police officer
when he or she feels that the circumstances are appropriate, rather
than in order to satisfy arbitrary quota requirements. To establish a
quota for an officer to meet a certain number of summonses or arrests
is a disservice to his or her trained and professional judgment, and
unfair to those who receive such citations.

 LEGISLATIVE HISTORY :

S.6440-A of 2006 died on Third Reading Calendar
S.8450 ADAMS    Same as A.6926
Nolan (MS)
ON FILE: 06/13/08 Labor Law
TITLE:....Expands the quota penalty provisions to include a ticket,
summons or arrest authorized by any general, special or local law
06/10/08 REFERRED TO RULES

A6926 Nolan (MS) Same as S.8450
ADAMS
Labor Law
TITLE....Expands the quota penalty provisions to include a ticket,
summons or arrest authorized by any general, special or local law
03/22/07 Referred to labor
06/20/07 Reported Referred to codes
01/09/08 Referred to Labor

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S2956 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2956

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05684-02-9

S. 2956                             2

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
OR  HER  duly authorized agent from transferring or taking any other job
action against such employee for failure to satisfactorily  perform  his
OR  HER job assignment of (A) 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] OF LAW
FOR WHICH ISSUING A TICKET OR SUMMONS  IS  AUTHORIZED  BY  ANY  GENERAL,
SPECIAL  OR  LOCAL  LAW; OR (B) MAKING ARRESTS FOR VIOLATIONS OF LAW FOR
WHICH MAKING SUCH ARREST IS AUTHORIZED UNDER  ANY  GENERAL,  SPECIAL  OR
LOCAL  LAW;  OR  (C) STOPS OF INDIVIDUALS SUSPECTED OF CRIMINAL ACTIVITY
WITHIN A SPECIFIED PERIOD OF TIME.
  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

S. 2956                             3

PERIOD OF TIME. Any employee so transferred or otherwise  penalized  may
cause to be instituted a grievance proceeding pursuant to the provisions
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
OR  HER  duly authorized agent from transferring or taking any other job
action against such employee who is a  police  officer  for  failure  to
satisfactorily  perform his OR HER job assignment of (A) 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] OF LAW FOR WHICH ISSUING  A  TICKET  OR  SUMMONS  IS
AUTHORIZED  BY  ANY GENERAL, SPECIAL OR LOCAL LAW; OR (B) MAKING ARRESTS
FOR VIOLATIONS OF LAW FOR WHICH MAKING SUCH ARREST IS  AUTHORIZED  UNDER
ANY GENERAL, SPECIAL OR LOCAL LAW; OR (C) STOPS OF INDIVIDUALS SUSPECTED
OF CRIMINAL ACTIVITY WITHIN A SPECIFIED PERIOD OF TIME.
  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.

co-Sponsors

2009-S2956A (ACTIVE) - Details

See Assembly Version of this Bill:: A6729
Law Section:: Labor Law
Laws Affected:: Amd §215-a, Lab L

2009-S2956A (ACTIVE) - Summary

2009-S2956A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2956A

TITLE OF BILL:
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

PURPOSE:
Expands the quota penalty provisions to include a ticket, summons or
arrest.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 215-a of the Labor Law, to expand
the current ban on ticket quotas to include a ban on arrest or summons
quotas.

EXISTING LAW:
Section 215-a of the Labor Law currently prohibits discrimination
against employees for failure to meet ticket and summons quotas.

JUSTIFICATION:
Tickets, summons and arrests should be utilized by the police officer
when he or she feels that the circumstances are appropriate, rather than
in order to satisfy arbitrary quota requirements. To establish a quota
for an officer to meet a certain number of summonses or arrests is a
disservice to his or her trained and professional judgment, and unfair

to those who receive such citations.

LEGISLATIVE HISTORY:
S.6440-A of 2006 Died on Third Reading Calendar
S.8450 ADAMS Same as A.6926
Nolan (MS)
ON FILE: 06/13/08 Labor Law
TITLE: Expands the quota penalty provisions to include a ticket, summons
or arrest authorized by any general, special or local law
06/10/08 REFERRED TO RULES
A.6926 Nolan (MS) Same as S.8450
ADAMS
Labor Law
TITLE: Expands the quota penalty provisions to include a ticket, summons
or arrest authorized by any general, special or local law
03/22/07 Referred to Labor
06/20/07 Reported Referred to Codes
01/09/08 Referred to Labor

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2009-S2956A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2956--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by  Sens.  ADAMS, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  recommitted to the Committee on Labor in accordance with  Senate  Rule
  6,  sec.  8 -- reported favorably from said committee and committed to
  the Committee on Codes -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05684-03-0

S. 2956--A                          2

ance proceeding pursuant to the provisions 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 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

S. 2956--A                          3

cause to be instituted a grievance proceeding pursuant to the provisions
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.

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Senate Bill S2956

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Sponsored By

Eric Adams

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Ruth Hassell-Thompson

2009-S2956 - Details

2009-S2956 - Summary

2009-S2956 - Sponsor Memo

2009-S2956 - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

2009-S2956A (ACTIVE) - Details

2009-S2956A (ACTIVE) - Summary

2009-S2956A (ACTIVE) - Sponsor Memo

2009-S2956A (ACTIVE) - Bill Text download pdf

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