Relates to compensation, benefits, terms of employment of certain members of the security supervisors unit employed by department of correctional services; repealer

This bill would also provide for the payment of a Firearms Training and Safety Incentive to peace officers who are members of the Professional, Scientific and Technical Services Unit pursuant to the terms of a pilot program collectively negotiated by New York State and the employee organization representing such members, pursuant to Article 14 of the CSL, to rectify an omission in a previous bill.

Summary of Provisions: Section 1 of this bill would repeal CSL 130(1)(j)(1) and (2) and add new subparagraphs 1, 2 and 3 to CSL 130(I)(j) to establish salary schedules covering members of the unit to reflect increases in basic annual salary, effective April 1, 2005, April 2006 and March 31. 2007 as set forth in § 3 of this bill.

Section 2 of this bill would amend State Finance Law ("SFL") 207-a(2-a) to provide for the continuation of employer payments to the employee benefit fund established by Council 82 for members of the unit. Such payments will reflect an increase in the contribution per unit member. effective April 1. 2006. from $25 to $30 for those Unit members who were on the payroll on the last day of the payroll period in which March 1, 2006 fell.

Section 3 of this bill would provide for the compensation of applicable members of the unit in accordance with the terms of the Award, including:

* a 2.25 % salary increase, effective April 1. 2005; a 2.75 % salary increase, effective April 1, 2006: and a $3,050 salary increase. effective March 31, 2007 to reflect the addition of the uniform maintenance allowance and security enforcement differential to basic annual salary:

* advancement payments to members of the unit pursuant to CSL 131(6); and

* enhanced longevity step payments.

This section would also give to the Director of the Budget and the Director of Employee Relations discretion to withhold all or a portion of a unit member's salary increase, where any such increase would not be appropriate or warranted.

Section 4 of this bill would provide additional compensation to members of the unit, in accordance with the terms of the Award, in recognition of the general requirement for full-time employees to assemble for briefing prior to the commencement of their duties.

Section 5 of this bill would continue the payment of an annual corrections clothing maintenance allowance of $1,500 to members of the unit. Effective March 31, 2007, however, such allowance would be included in basic annual salary of members of the unit and no longer identified as a separate benefit.

Section 6 of this bill would provide location pay for members of the unit whose official work station is located in New York City and the counties of Nassau, Suffolk, Westchester, Rockland, Orange, Putnam and Dutchess, pursuant to the terms of the Award, as follows:

* Effective April 1, 2005:

Orange, Putnam, Dutchess $1,092 NYC. Rockland, Westchester $2,938 Nassau, Suffolk $3,093

* Effective April 1, 2006:

Orange, Putnam, Dutchess $1,126 NYC, Rockland. Westchester $3.026 Nassau. Suffolk $3,093

The location payment will be equally divided over the 26 payroll periods in each fiscal year and will count as compensation for overtime and retirement purposes.

Section 7 of this bill would provide for the payment to members of the unit of a security enforcement differential in the amount of $850,,effective April 1, 2005, and $1,100, effective April 1, 2006, Effective March 31. 2007, such differential in the amount of $1,550 would be included in the basic annual salary of such members and no longer identified as separate benefit.

Section 8 of this bill would provide for an inconvenience pay program, effective April 1, 2006, which would pay $900 or $1,800 annually to those unit members who work the night shift or evening shift, respectively.

Section 9 of this bill would continue the annual payment of $1,500 to members of the unit in recognition of their command duties and responsibilities performed with regard to infectious disease, mental

health, crime scene control, prisoner transport and other inter-agency issues which arise in correctional facilities.

Section 10 of this bill would provide for the continuation of a joint committee On health benefits to be funded in the amount of $6,400 for the period April 1, 2005 to March 31, 2006. and $6,400 for the period April 1, 2006 to March 31, 2007. One-half of these amounts will be made available to both the State and Council 82.

Section 11 of this bill would provide for the payment of a Firearms Training and Safety incentive to peace officers who are members of the Professional, Scientific and Technical Services Unit, pursuant to the terms of a pilot program collectively negotiated between the employee organization representing such members and New York State,

Section 12 of-this bill would make the appropriations contained in the bill available for the payment and publication of grievance arbitration settlements and awards.

Section 13 of this bill would provide that no increase in compensation set forth in the bill would be payable to an individual until and unless he or she is a member of unit, employed by the State Department of Correctional Services and designated as a peace officer pursuant to CPL § 2.10(25).

Section 14 of the bill would continue to exempt the salaries of newly hired unit members from the imposition of "deferred payment" pursuant to SFL § 200(2-a).

Section 15 of the bill would set the date upon which incumbent members of the unit would receive the salary increases provided by the Award.

Section 16 of the bill would provide that until payment is made pursuant to this bill, members of the unit will receive payment otherwise payable in their respective positions. When basic annual salaries are first paid pursuant to this bill, such members shall be entitled to a lump sum payment for the difference between the salaries to which they were entitled since April 1, 2005 and the compensation actually received.

Section 17 of the bill would authorize the Comptroller to pay any amounts required by the bill. To the extent that existing appropriations available to any State department or agency are insufficient to accomplish the purposes set forth in this section, the Director of the Budget would be authorized to allocate to the various departments and agencies the amounts necessary to make such payments.

Section 18 of the bill would appropriate approximately $17.2 million in the General Fund to pay for personal and non-personal services for members of the unit as provided in this bill and in accordance with the terms of the Award.

Section 19 of the bill would provide that it take effect immediately and be deemed to have been in full force and effect on and after April 1, 2005, except for § 11 of the bill, which would be deemed to have been in full force and effect on and after April 1, 2008.

Existing Law: Chapter 4 of the Laws of 2007 sets forth several terms and conditions of employment relating to compensation for members of the unit from April 1, 2003 to March 31, 2005. In addition, Chapter 375 of the Laws of 2007 sets forth several terms of conditions of employment not directly relating to compensation for the time period beginning April 1, 2003 and ending March 31. 2007.

CSL § 130(1)(j) sets forth the current salary and longevity schedules for members of the unit.

CSL § 134(5) provides for the current pre-shift briefing payment.

Chapter 114 of the Laws of 2008 implements the provisions of a collective bargaining agreement between the Executive Branch of the State of New York and the employee organization that represents members of the Professional, Scientific and Technical Services Unit, for period beginning April 2, 2007 and ending April 1, 2011.

Prior Legislative History: None.

Statement in Support: This bill is necessary to implement the terms of an interest arbitration award issued pursuant to CSL § 209(4), binding the State of New York and the employee organization representing members of the Security Supervisors collective negotiating unit.

Section 11 of this bill is necessary to implement a provision of a collective bargaining agreement between the State of New York and the employee organization that represents members of the Professional, Scientific and Technical Services Unit, which was inadvertently omitted from a previous bill.

Budget Implications: This bill would provide for appropriations totaling approximately $17.27 million, all of which is within the General Fund, to pay for the cost of the interest arbitration award covering the period April 1, 2005 to March 31, 2007, The 2009-10 financial plan accommodates the costs associated with this bill.

Effective Date: This bill would take effect immediately and be deemed to have been in full force and effect on and after April 1, 2005, except for § 1.1 of the bill, which would be deemed to have.. been in full force and effect on and after April 1, 2008.