Pretlow, Steck, Jaffee, Duprey, Skoufis, Montesano, Russell
MLTSPNSR
Cusick, 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A246
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.
STATE OF NEW YORK
________________________________________________________________________
246
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
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.
LBD03094-01-3
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.
