S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5638
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced  by  M. of A. FITZPATRICK, MONTESANO -- Multi-Sponsored by --
   M. of A.  MANKTELOW -- read once and  referred  to  the  Committee  on
   Labor
 
 AN  ACT  to  amend  the labor law, in relation to negotiations between a
   governing board and a labor organization
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  710 of the labor law, as amended by section 7 of
 part O of chapter 56 of the laws of 2010, is amended to read as follows:
   § 710. Public records and proceedings. 1. ALL NEGOTIATIONS  BETWEEN  A
 GOVERNING  BOARD  AND  A LABOR ORGANIZATION SHALL BE IN OPEN SESSION AND
 SHALL BE AVAILABLE FOR THE PUBLIC  TO  ATTEND.  THIS  REQUIREMENT  SHALL
 APPLY  TO  NEGOTIATIONS BETWEEN A GOVERNING BOARD'S DESIGNATED REPRESEN-
 TATIVES AND REPRESENTATIVES OF A LABOR ORGANIZATION.   THIS  REQUIREMENT
 SHALL ALSO APPLY TO MEETINGS WHERE LABOR NEGOTIATION ARBITRATORS, MEDIA-
 TORS   OR  SIMILAR  LABOR  DISPUTE  MEETING  FACILITATORS  ARE  PRESENT.
 PROVIDED, HOWEVER, THAT A GOVERNING BOARD OR  ITS  DESIGNATED  REPRESEN-
 TATIVES MAY HOLD AN EXECUTIVE SESSION FOR THE PURPOSES OF: (A) CONSIDER-
 ING  A  LABOR  CONTRACT  OFFER  OR  TO  FORMULATE A COUNTEROFFER, OR (B)
 RECEIVING INFORMATION ABOUT A SPECIFIC EMPLOYEE,  WHEN  THE  INFORMATION
 HAS  A  DIRECT  BEARING  ON THE ISSUES BEING NEGOTIATED AND A REASONABLE
 PERSON WOULD CONCLUDE THAT THE RELEASE OF SUCH INFORMATION WOULD VIOLATE
 THAT EMPLOYEE'S RIGHT TO PRIVACY.
   2. ALL DOCUMENTATION EXCHANGED  BETWEEN  THE  PARTIES  DURING  NEGOTI-
 ATIONS, INCLUDING ALL OFFERS, COUNTEROFFERS AND MEETING MINUTES SHALL BE
 SUBJECT TO PUBLIC WRITINGS DISCLOSURE LAWS.
   3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERNING
 BODY  SHALL  POST  NOTICE  OF ALL NEGOTIATION SESSIONS AT LEAST FOURTEEN
 CALENDAR DAYS PRIOR TO THE  BEGINNING  OF  SUCH  SESSIONS.  THE  MINIMUM
 ACCEPTABLE  NOTIFICATION  WILL  BE  ON  THE  FRONT PAGE OF THE GOVERNING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08059-01-1
              

 A. 5638                             2
 
 BODY'S WEBPAGE. THE GOVERNING BODY SHALL ALSO POST NOTICE  WITHIN  TWEN-
 TY-FOUR HOURS AT ITS REGULAR MEETING PHYSICAL POSTING LOCATIONS.
   4.  THE  GOVERNING  BOARD  SHALL  PROVIDE A FINANCIAL ANALYSIS OF EACH
 PROPOSED CONTRACT WHICH SHALL DETAIL THE ANNUAL  COST  OF  THE  PROPOSED
 CONTRACT AS WELL AS THE OVERALL COST OF THE CONTRACT.
   5. Subject to rules and regulations to be made by the board consistent
 with  article six of the public officers law, the complaints, orders and
 testimony relating to a proceeding instituted by the board under section
 seven hundred six of this article may be made public records and be made
 available for inspection or copying. All proceedings pursuant to section
 seven hundred six of this article shall be open to the public.
   § 2. This act shall take effect immediately.