S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10736--A
 
                           I N  A S S E M B L Y
 
                               May 16, 2018
                                ___________
 
 Introduced by M. of A. ABBATE -- 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 the  negotiability
   of discipline affecting public employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative  findings  and  declarations.  The  legislature
 hereby  finds,  declares  and  reaffirms that the 1967 Public Employees'
 Fair Employment Act establishes that the public policy of the state, and
 the purpose of  the  act,  is  to  promote  harmonious  and  cooperative
 relationships  between  government  and its employees and to protect the
 public by assuring, at all times, the orderly and  uninterrupted  opera-
 tion  and  functions  of government. Included among the policies adopted
 was the requirement that the state, local governments, and  other  poli-
 tical  subdivisions  negotiate  and  enter into agreements with employee
 organizations about terms and conditions of employment.  Over  the  many
 years  subsequent  to  the  enactment  of such act, the negotiability of
 discipline, including disciplinary procedures, has been  fully  endorsed
 by  the  public  employment  relations board and disciplinary procedures
 have been incorporated into collective bargaining agreements  throughout
 the  state. The legislature now declares that this practice of negotiat-
 ing fair disciplinary protections and procedures  for  public  employees
 must continue.
   A  recent  court of appeals' decision involving police officers in the
 city of Schenectady has erroneously declared that the "public policy" of
 the state is to prohibit  absolutely  the  negotiation  of  disciplinary
 procedures in certain places where there exist legislative enactments on
 the  subject of discipline. The legislature declares a necessity for the
 enactment of this act to ensure that discipline, including  disciplinary
 procedures,  will  continue as a mandatory subject of collective negoti-
 ation, and that collective bargaining agreements addressing that subject
 remain valid and enforceable and  to  enhance  the  prohibition  against
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15564-03-8

 A. 10736--A                         2
 
 strikes  and  the  protection  against  the  destruction of vital public
 services delivered by public employees throughout the state.
   § 2. Subdivision 4 of section 201 of the civil service law, as amended
 by chapter 606 of the laws of 1992, is amended to read as follows:
   4. The term "terms and conditions of employment" means:
   (A)  salaries,  wages, hours and other terms and conditions of employ-
 ment provided, however, that such term shall not  include  any  benefits
 provided by or to be provided by a public retirement system, or payments
 to  a  fund  or insurer to provide an income for retirees, or payment to
 retirees or their beneficiaries. No such retirement  benefits  shall  be
 negotiated  pursuant  to  this  article,  and any benefits so negotiated
 shall be void.
   (B) IN ADDITION, THE TERMS AND CONDITIONS OF EMPLOYMENT FOR FIREFIGHT-
 ERS AND POLICE OFFICERS SHALL INCLUDE  DISCIPLINE,  DISCIPLINARY  PROCE-
 DURES  INCLUDING  ALTERNATIVES  TO  ANY  STATUTORY  DISCIPLINARY SYSTEM,
 PROVIDED, HOWEVER, THAT ANY RIGHT OF FIREFIGHTERS  AND  POLICE  OFFICERS
 UNDER THE TERMS OF ANY STATE LAW TO ELECT COVERAGE UNDER EITHER A STATU-
 TORY DISCIPLINARY SYSTEM OR A DISCIPLINARY SYSTEM ESTABLISHED BY COLLEC-
 TIVE  NEGOTIATIONS  SHALL  NOT  BE  IMPAIRED,  UNLESS ANY SUCH STATE LAW
 AUTHORIZES EXCLUSIVITY OF A NEGOTIATED DISCIPLINARY SYSTEM AND  PROVIDED
 FURTHER  THAT  NO PROVISION CONTAINED IN THE TOWN LAW, GENERAL CITY LAW,
 SECOND CLASS CITIES LAW, GENERAL MUNICIPAL LAW, MUNICIPAL HOME RULE LAW,
 COUNTY LAW, OR OTHER STATE, LOCAL, SPECIAL LAW OR CHARTER  PROVISION  OR
 THIS  CHAPTER SHALL PREVENT OR IMPAIR THE RIGHT TO COLLECTIVE BARGAINING
 FOR OR TO MODIFY DISCIPLINARY PROCEDURES.
   § 3. Section 204-a of the civil service law is amended by adding a new
 subdivision 4 to read as follows:
   4. THE TERMS OF ANY CURRENT OR EXPIRED  AGREEMENT  OR  INTEREST  ARBI-
 TRATION AWARD BETWEEN ANY PUBLIC EMPLOYER AND ANY PUBLIC EMPLOYEE ORGAN-
 IZATION  REPRESENTING  FIREFIGHTERS  OR  POLICE OFFICERS RELATING TO THE
 DISCIPLINE OF ANY FIREFIGHTERS OR POLICE OFFICERS SHALL BE DEEMED  VALID
 AND ENFORCEABLE FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 4. This act shall take effect immediately.