S T A T E   O F   N E W   Y O R K
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                                  10404

                          I N  A S S E M B L Y

                              May 25, 2012
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Governmental Employees

AN ACT to amend  the  general  municipal  law,  in  relation  to  salary
  increases for heads of police departments of municipalities, districts
  or authorities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 207-m to read as follows:
  S  207-M.  SALARY INCREASES FOR HEADS OF POLICE DEPARTMENTS OF MUNICI-
PALITIES, DISTRICTS OR AUTHORITIES. 1. NOTWITHSTANDING THE PROVISIONS OF
ANY GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE  CONTRA-
RY,  AND EXCEPT IN POLICE DEPARTMENTS WHICH EMPLOY FIVE HUNDRED SEVENTY-
FIVE OR MORE PERMANENT SWORN POLICE PERSONNEL, WHENEVER THE BASE  SALARY
OR OTHER COMPENSATION OF THE PERMANENT FULL-TIME POLICE OFFICER WHO IS A
MEMBER OF A NEGOTIATING UNIT AND WHO IS THE HIGHEST RANKING  SUBORDINATE
TO  THE  HEAD  OF  THE POLICE DEPARTMENT IN SUCH UNIT, IS INCREASED, THE
SALARY, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, OF THE  PERMANENT
FULL-TIME  HEAD  OF THE POLICE DEPARTMENT SHALL BE INCREASED BY AT LEAST
THE SAME DOLLAR AMOUNT OF THE BASE SALARY INCREASE RECEIVED BY SUCH NEXT
SUBORDINATE POLICE OFFICER, AND THE OTHER COMPENSATION,  AS  DEFINED  IN
SUBDIVISION  TWO OF THIS SECTION, OF THE PERMANENT FULL-TIME HEAD OF THE
POLICE DEPARTMENT SHALL BE INCREASED TO THE SAME  EXTENT  AND  WITH  THE
SAME  CONDITIONS AS THE OTHER COMPENSATION RECEIVED BY THE NEXT SUBORDI-
NATE POLICE OFFICER IN THE EVENT THAT SUCH SUBORDINATE  OFFICER'S  OTHER
COMPENSATION  IS  INCREASED.  THE  PROVISIONS  OF THIS SECTION SHALL NOT
APPLY TO ANY HEAD OF A POLICE DEPARTMENT WHO IS A MEMBER OF A COLLECTIVE
NEGOTIATING UNIT ESTABLISHED PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL
SERVICE LAW.
  2.  FOR THE PURPOSES OF THIS SECTION, SALARY SHALL MEAN FIXED PERIODIC
COMPENSATION PAYABLE BY AN EMPLOYER TO OR FOR THE ACCOUNT OF THE EMPLOY-
EE FOR PERSONAL SERVICES RENDERED BY SUCH EMPLOYEE;  OTHER  COMPENSATION
SHALL  MEAN  ALL OTHER FORMS OF BENEFITS WHICH ARE CREDITED TO EMPLOYEES
AS A TERM OF EMPLOYMENT, WHICH SHALL SPECIFICALLY INCLUDE,  BUT  NOT  BE

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

                                                           LBD16008-01-2

A. 10404                            2

LIMITED TO, EMPLOYER CONTRIBUTION TO OR PAYMENTS OF INSURANCE OR WELFARE
BENEFITS  AND  EMPLOYER CONTRIBUTIONS TO PENSION OR ANNUITY FUNDS. OVER-
TIME, HOLIDAY AND SHIFT DIFFERENTIAL PAY  SHALL  NOT  BE  CONSIDERED  AS
SALARY OR OTHER COMPENSATION UNLESS BY RESOLUTION, ORDINANCE, SPECIAL OR
LOCAL  LAW  THE  MUNICIPALITY,  DISTRICT  OR AUTHORITY ELECTS TO INCLUDE
THESE ITEMS OF COMPENSATION WITHIN THE EMPLOYMENT BENEFIT PACKAGE OF THE
PERMANENT FULL-TIME HEAD OF THE POLICE DEPARTMENT.
  3. EMPLOYERS OF A PERMANENT FULL-TIME HEAD OF  THE  POLICE  DEPARTMENT
COVERED  BY  THIS  SECTION  SHALL  NOT BE REQUIRED TO COMPENSATE A NEWLY
APPOINTED PERMANENT FULL-TIME HEAD OF THE POLICE DEPARTMENT AT THE  SAME
SALARY  LEVEL  AS  THE PERMANENT FULL-TIME HEAD OF THE POLICE DEPARTMENT
WHO OCCUPIED THE POSITION IMMEDIATELY PRIOR TO SUCH  APPOINTMENT.  AFTER
SUCH APPOINTMENT, THE SALARY AND OTHER COMPENSATION OF A NEWLY APPOINTED
PERMANENT  FULL-TIME HEAD OF POLICE SHALL BE SUBJECT TO SUBDIVISIONS ONE
AND TWO OF THIS SECTION.
  S 2. This act shall take effect immediately.