NY State Senate Bill 2021-S4434

Senate Bill S4434

2021-2022 Legislative Session

Relates to removing police officer discipline from collective bargaining in municipalities in the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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 05, 2022	referred to civil service and pensions
Feb 04, 2021	referred to civil service and pensions

2021-S4434 (ACTIVE) - Details

See Assembly Version of this Bill:: A1278
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §204-b, Civ Serv L
Versions Introduced in 2019-2020 Legislative Session:: S8678, A10754

2021-S4434 (ACTIVE) - Summary

Removes police officer discipline from collective bargaining in municipalities in the state.

2021-S4434 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4434

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the civil service law, in relation to removing police
officer discipline from collective bargaining in the state

 
PURPOSE:

To clarify that police discipline procedures in the State of New York
are a prohibited subject of collective bargaining.

 
SUMMARY OF PROVISIONS:

Section 1: Adds new section 204-b to the Civil Service Law removing
police officer discipline as a subject of collective bargaining.  Addi-
tionally, it states that sections 75 and 76 of the Civil Service is no
longer applicable in police discipline matters.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

In the City of New York/Town of Orangetown, 6 NY.3d 563 (2006), the NY
Court of Appeals held that police discipline is a prohibited subject of
collective bargaining. In that decision, the Court indicated a strong
public policy in favor of placing police disciplinary matters under the
sole control of the municipality. In a subsequent case, Matter of Sche-
nectady, 30 N.Y.3d 109 (2017), the Court also held police discipline is
a prohibited subject of bargaining in cities where the Second Class
Cities Law applies.

This matter remains the subject of litigation between municipalities and
police departments with interpretations varying among the Supreme Courts
and Appellate Divisions. This bill will ensure that municipalities can
retain authority over police discipline to ensure that cases are adjudi-
cated in an open and transparent manner and will provide consistency
throughout the state.

 
LEGISLATIVE HISTORY:

2019-2020 - S.8678 (May) Referred to Rules /A.10754 Rules (Magnarelli)
Referred to Government Employees

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2021-S4434 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4434
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law, in relation  to  removing  police
   officer discipline from collective bargaining in the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding  a  new  section
 204-b to read as follows:
   §  204-B. DISCIPLINARY PRACTICES FOR POLICE OFFICERS. 1. NOTWITHSTAND-
 ING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, INCLUDING BUT NOT
 LIMITED TO, SECTIONS TWO HUNDRED THROUGH TWO  HUNDRED  FIFTEEN  OF  THIS
 ARTICLE OR DECISIONS REGARDING SUCH SUBJECT MATTER, ALL MATTERS RELATING
 TO  THE  DISCIPLINE  OF  POLICE  OFFICERS, INCLUDING BUT NOT LIMITED TO,
 MATTERS RELATING TO INVESTIGATIONS, HEARING PROCEDURES OR PENALTY DETER-
 MINATIONS, SHALL BE A PROHIBITED SUBJECT OF BARGAINING BETWEEN THE MUNI-
 CIPALITY AND SUCH MUNICIPALITY'S LAW ENFORCEMENT LABOR  EMPLOYEE  ORGAN-
 IZATIONS.   SUCH  MATTERS  ARE  EXPRESSLY  REMOVED  FROM  THE  SCOPE  OF
 COLLECTIVE BARGAINING. ANY COLLECTIVE BARGAINING  AGREEMENT  OR  PORTION
 THEREOF,  OR  CUSTOM OR PRACTICE RELATED TO MATTERS OF POLICE DISCIPLINE
 BETWEEN THE MUNICIPALITY AND SUCH MUNICIPALITY'S LAW ENFORCEMENT EMPLOY-
 EE ORGANIZATIONS INCONSISTENT WITH THE PROVISIONS OF  THIS  SECTION  ARE
 HEREBY  DECLARED TO BE VOID. ALL MATTERS OF POLICE DISCIPLINE ARE HEREBY
 RESERVED FOR DETERMINATION BY THE MUNICIPALITY.
   2. SECTIONS SEVENTY-FIVE AND SEVENTY-SIX OF THIS CHAPTER SHALL NOT  BE
 APPLICABLE  WITH  RESPECT  TO  ALL  MATTERS  RELATING TO LAW ENFORCEMENT
 PERSONNEL IN MUNICIPALITIES IN THE STATE.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01829-01-1

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