NY State Senate Bill 2019-S2434

Senate Bill S2434

2019-2020 Legislative Session

Relates to salary increases for heads of police departments of municipalities, districts or authorities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

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
Jan 08, 2020	referred to local government
Jan 24, 2019	referred to local government

2019-S2434 (ACTIVE) - Details

See Assembly Version of this Bill:: A467
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §207-m, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7764, A10073
2017-2018: S3825, A291
2021-2022: A5148

2019-S2434 (ACTIVE) - Summary

Relates to salary increases for heads of police departments of municipalities, districts or authorities.

2019-S2434 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2434

SPONSOR: ROBACH
 
TITLE OF BILL:

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

 
PURPOSE:

To provide that a police chief receive an immediate increase to his or
her salary if their direct subordinate receives a salary increase.  Such
increase in salary shall be in the same dollar amount received by the
direct subordinate.

 
SUMMARY PROVISIONS:

Section 1 amends the general municipal law to require an immediate
increase in a police chiefs salary, in the same dollar amount, if their
direct subordinate receives a salary increase.

Section 2 contains the effective date.

JUSTIFICATION:

Section 207-m of the general municipal law was repealed under tax cap
legislation in 2011, with the goal of providing mandate relief.  Howev-
er, such relief was not achieved and the repeal caused hardships for
municipalities. Restoring section 207-m to the general municipal law
would remedy these unintended consequences. For example, it has been
reported that qualified individuals have turned down police chief posi-
tions, due to the disparity caused when a police chief earns less than
those under their supervision.  Restoring section 207-m to the general
municipal law will eliminate such earning disparities and will enable
municipalities to hire and retain the most qualified police chiefs.
Specifically, the language requires an immediate increase in a police
chiefs salary, in the same dollar amount, if their direct subordinate
receives a salary increase.

 
PRIOR LEGISLATIVE HISTORY:

A.291 of 2017 and 2018, referred to local governments

Same as S.3825, referred to local government

A.10073 of 2016, referred to local governments

Same as S.7764, referred to local government

 
FISCAL IMPLICATIONS:

No fiscal impact to the state

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2434 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2434
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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:
   §  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03705-01-9

 S. 2434                             2
 
 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
 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.
   § 2. This act shall take effect immediately.

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