A00246 Summary:

COSPNSRPretlow, Steck, Jaffee, Duprey, Skoufis, Montesano, Russell
MLTSPNSRCusick, Fahy, McDonald, Skartados, Stirpe
Establishes a special commission on compensation for state employees designated managerial or confidential; provides for the powers and duties of such commission.
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A00246 Actions:

01/09/2013referred to governmental employees
04/23/2013reported referred to ways and means
06/17/2013reported referred to rules
06/20/2013rules report cal.583
06/20/2013ordered to third reading rules cal.583
06/20/2013passed assembly
06/20/2013delivered to senate
06/20/2013SUBSTITUTED FOR S2953
06/20/20133RD READING CAL.308
09/16/2013delivered to governor
09/27/2013vetoed memo.211
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A00246 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Farrell (MS)
  TITLE OF BILL: An act in relation to establishing a special commis- sion on compensation for state employees designated managerial or confi- dential, and providing for its powers and duties   PURPOSE: This bill would provide for a special commission on manage- rial or confidential employees of New York.State to examine, evaluate and make recommendations with respect to compensation, and adjustments and non-salary benefits of certain state employees.   SUMMARY OF PROVISIONS: Section 1 of the bill would provide for the creation of the Commission on Managerial. or Confidential employee compensation to consist of seven members appointed as follows: three by the Governor, one by the Speaker of the Assembly, one by the Temporary President of the Senate, one by the Comptroller and one by the Organization of NYS Management Confiden- tial Employees. The Commission would be required to report its findings, conclusions, determinations and recommendations within 150 days of its establishment. Every four years the Commission would examine,'evaluate and make recom- mendations with respect to managerial or confidential employee compen- sation. The Commission would determine what salaries shall be and would make recommendations to effect the changes to salaries. Such recommen- dations would become effective the next fiscal year. The recommendations of the Commission would have the force of law. Section 2 of the bill would establish the date of the recommendations of the Commission become effective. Section 3 of the bill would provide that any adjustment of salaries under this bill would be funded to the nearest hundred dollar. Section 4 of the bill would provide for an immediate effective date.   EXISTING LAW: Salary increases for managerial or confidential employ- ees of the state are contained in "pay bills" enacted by the Legisla- ture. In 2009 and 2010 salary increases were administratively withheld. Similar legislation to the measure proposed here has been passed and/or enacted for the Judiciary and the State Legislature in 2008 and 2011.   JUSTIFICATION: Salary increases, pursuant to Chapter 10 of the Laws of 2008, for managerial or confidential employees of the state were administratively withheld in 2009 and 2010. As a result, managerial or confidential employee salaries have become and increasing subject of controversy in recent years. Moreover, the absence of a pay increase has produced legal challenges and threatens the pay structure established in Article 8 of the civil service law. In fact, some managerial or confi- dential employees make less than those they supervise. Unlike the states unionized workforce, managerial or confidential employees are prohibited from collectively bargaining increases in compensation and are not contractually protected. As a result, there are an increasing number of state employees across the state that are turning down promotions or seeking demotions as such a promotion or current M/C status results in significantly less pay than that of a unionized employee. In addition, as a result of the administrative withholding of M/C pay raises 2009 and 2010, as well as the non-negotiated pay schedules contained in 2011-2016 PayBill, enacted at the end of the 2011 Legisla- tive Session, M/C employees, if left unaddressed, will not receive a raise for 5 consecutive years. This bill would address the issue by establishing a quadrennial commis- sion on managerial or confidential employee compensation to ensure the proper salary level is set on a regular basis. More importantly, these proper salary levels will ensure the State's ability to continue to recruit and hire qualified managers.   LEGISLATIVE HISTORY: A.9776 of 2012   FISCAL IMPLICATIONS: The cost to the State from the operation of the Commission would be minimal. To the extent the Commission recommends a salary increase for employees, such increase would have a fiscal impact on the State.   EFFECTIVE DATE: This bill would take effect immediately upon enact- ment.
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A00246 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2013
        Introduced by M. of A. FARRELL, PRETLOW -- read once and referred to the
          Committee on Governmental Employees
        AN  ACT in relation to establishing a special commission on compensation
          for state employees designated managerial or confidential, and provid-
          ing for its powers and duties

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. (a) On the first of April of every fourth year, commencing
     2  April 1, 2013, there shall be established for such year a commission  on
     3  managerial or confidential state employee compensation to examine, eval-
     4  uate and make recommendations with respect to adequate levels of compen-
     5  sation  and  non-salary  benefits  for  managerial or confidential state
     6  employees. In accordance  with  the  provisions  of  this  section,  the
     7  commission shall:
     8    (i) examine the prevailing adequacy of pay levels and non-salary bene-
     9  fits  received  by managerial or confidential employees of the state and
    10  determine whether any of such pay levels warrant adjustment; and
    11    (ii) determine whether, for any of the four years  commencing  on  the

    12  first of April of such years, following the year in which the commission
    13  is  established,  the annual salaries for the managerial or confidential
    14  employees of the state warrant adjustment.
    15    In discharging its responsibilities under paragraphs (i) and  (ii)  of
    16  this subdivision, the commission shall take into account all appropriate
    17  factors including, but not limited to: the administrative withholding of
    18  managerial or confidential employee salary increases pursuant to chapter
    19  10  of  the  laws  of  2008;  the  overall  economic  climate;  rates of
    20  inflation; changes in public-sector spending; the levels of compensation
    21  and non-salary benefits received by unionized state employees; the main-
    22  tenance of or attainment of proper salary differential between  supervi-
    23  sors  and  their subordinates; the levels of compensation and non-salary

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

        A. 246                              2
     1  benefits received by  professionals  in  government,  and  academia  and
     2  private and nonprofit enterprise.
     3    (b)  The  commission shall consist of seven members to be appointed as
     4  follows: three  shall  be  appointed  by  the  governor;  one  shall  be
     5  appointed  by  the  temporary  president  of  the  senate;  one shall be
     6  appointed by the speaker of the assembly; one shall be appointed by  the
     7  comptroller;  and  one  shall  be  appointed  by the Organization of NYS
     8  Management Confidential Employees.  The  governor  shall  designate  the

     9  chair  of  the commission from among the members so appointed. Vacancies
    10  in the commission shall  be  filled  in  the  same  manner  as  original
    11  appointments. To the extent practicable, members of the commission shall
    12  have experience in one or more of the following:  determination of exec-
    13  utive  compensation, human resource administration and financial manage-
    14  ment.
    15    (c) The commission may meet, hold public hearings and shall  have  all
    16  the powers of a legislative committee pursuant to the legislative law.
    17    (d)  The  members  of the commission shall receive no compensation for
    18  their services but shall be allowed their actual and necessary  expenses
    19  incurred in the performance of their duties hereunder.
    20    (e) No member of the commission shall be disqualified from holding any
    21  other  public office or employment, nor shall he or she forfeit any such

    22  office or employment by reason of his or  her  appointment  pursuant  to
    23  this  section, notwithstanding the provisions of any general, special or
    24  local law, regulation, ordinance or city charter.
    25    (f) To the maximum extent feasible, the commission shall  be  entitled
    26  to  request  and  receive  and  shall  utilize and be provided with such
    27  facilities, resources and  data  of  any  court,  department,  division,
    28  board,  bureau,  commission,  agency,  office or public authority of the
    29  state or any political subdivision thereof as it may reasonably  request
    30  to carry out properly its powers and duties pursuant to this section.
    31    (g)  The commission may request, and shall receive, reasonable assist-
    32  ance from state agency personnel as necessary for the performance of its
    33  functions.
    34    (h) The commission shall make a report to the governor and the  legis-

    35  lature of its findings, conclusions, determinations and recommendations,
    36  if  any,  not later than one hundred fifty days after its establishment.
    37  Each recommendation made to implement a determination pursuant to  para-
    38  graph  (ii)  of  subdivision (a) of this section shall have the force of
    39  law, and shall supersede inconsistent provisions of  article  8  of  the
    40  civil  service  law,  unless  modified  or abrogated by statute prior to
    41  April first of the year as to which such determination applies.
    42    (i) Upon the making of its report as provided in  subdivision  (h)  of
    43  this section, each commission established pursuant to this section shall
    44  be deemed dissolved.
    45    §  2.  Notwithstanding the provisions of this act or of any other law,
    46  each increase in salary or  compensation  of  any  officer  or  employee
    47  provided  by  this  act  shall be added to the salary or compensation of

    48  such officer or employee at the beginning of  that  payroll  period  the
    49  first  day of which is nearest to the effective date of such increase as
    50  provided in this act, or at the beginning of the earlier of two  payroll
    51  periods  the  first  days  of  which are nearest but equally near to the
    52  effective date of such increase  as  provided  in  this  act;  provided,
    53  however, the payment of such salary increase pursuant to this section on
    54  a  date prior thereto instead of on such effective date, shall not oper-
    55  ate to confer any additional salary rights or benefits on  such  officer
    56  or employee.

        A. 246                              3
     1    §  3. The annual salaries as prescribed pursuant to this act for state
     2  employees designated managerial or confidential whenever adjusted pursu-

     3  ant to the provisions of this act, shall be rounded up  to  the  nearest
     4  multiple of one hundred dollars.
     5    § 4. This act shall take effect immediately.
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