Relates to the compensation and benefits of certain state correctional officers; repealer; appropriation

Summary of provisions

Section 1 of the bill would repeal Civil Service Law ("CSL") § 130(1)(g) and add a new paragraph (g) to the section to establish a new salary schedule for members of the unit to reflect increases in basic annual salary, effective April 1, 2007 and April 1, 2008

Section 2 of the bill would amend State Finance Law ("SFL") § 207-a(b) to provide for payments by the Director of Employee Relations to the Employee Benefit Fund for members of the unit. For the period April 1, 2007 to March 31, 2008, such payment would be $35 for each member of the unit; for the period April 1, 2008 through March 31, 2009, the payment would be $40 per unit member.

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

* effective April 1, 2007, a 3% increase in basic annual salary of unit members.

* effective April 1, 2008, a 3% increase in basic annual salary of unit members.

* 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 the 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. Each member of the unit would receive a minimum of $4.80 per day for pre-shift briefing, or a minimum of $24 per week in the event of such member's absence from work. Such compensation would be excluded from a unit member's annual salary as overtime pay, but included for retirement purposes.

Section 5 of the bill would provide location pay for unit members. Unit members whose official workstation is New York City or the counties of Nassau, Suffolk, Westchester or Rockland, as follows: (i) effective April 1, 2007, $3,117 and (ii) effective April 1, 2008, $3,210. Location pay for unit members whose official workstation is Orange, Putnam or Dutchess County would be: (i) effective April 1, 2007; $1,160 and (ii) effective April 1, 2008, $1,195. Such payments would be equally divided over 26 payroll periods and count as compensation for overtime and retirement purposes.

Section 6 of the bill would provide for annual inconvenience pay t6 unit members. Effective April 1, 2007, unit members who work the night shift or evening shift would receive $900 and $1,800, respectively.

Section 7 of the bill would provide unit members with expanded duty pay in the amount of $1,500 per year, effective April 1, 2007. Such compensation would be equally divided over 26 payroll periods and be included as compensation for the purpose of overtime and retirement.

Section 8 of the bill would continue, for the period of April 1, 2007 through March 31, 2009, a Statewide Joint Labor-Management Committee to study various labor-related issues including employee assistance, performance evaluation, education and training, quality of work life.

Section 9 of the bill would provide for location pay to seasonal employees who are management/confidential by removing the current restriction on such payment.

Section 10 of the bill would provide for the payment of inconvenience pay to seasonal management/confidential employees who are required to work 4 or more hours between the hours of 6 p.m. and 6 a.m., exclusive of any hours for which he or she receives overtime compensation. This benefit has already been extended to other non-seasonal management/confidential employees.

Section 11 of the bill would make available the appropriations contained in the bill to continue the payment and publication of grievance arbitration settlements and awards.

Section 12 of the bill would provide that no increase in compensation set forth in the bill would be payable to a Correction Officer Trainee or Correction Officer Trainee, Spanish Language until he or she is designated as a peace officer pursuant to CPL § 2.10(25).

Section 13 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 14 of the bill would set the date upon which incumbent members of the unit would receive the salary increases provided by the Award.

Section 15 of the bill would provide that until payment is made pursuant to this bill, members of the unit will receive payment otherwise payable ill 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, 2007 and the compensation actually received,

Section 16 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 17 of the bill would appropriate approximately $319 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 18 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, 2007.

Existing law

Chapter 113 of the Laws of 2006 and Chapter 18 of the Laws of 2007 implement the terms and conditions of employment for members of the unit for the period April 1, 2003 to March 31, 2007.

CSL § 130(1) establishes the current salary schedules and longevity schedule for members of the unit.

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

Subdivision 1 of section 7 of part B of chapter 10 of the laws of 2008 establishes location compensation for the officers and employees enumerated therein.

Subdivision 2 of section 17 of chapter 333 of the laws of 1969 provides for the payment of inconvenience pay for the officers and employees listed therein.

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 NYSCOPBA, the employee organization representing members of the Security Services collective negotiating unit.

Sections 9 and 10 of this bill are necessary to implement inconvenience pay and location compensation for seasonal managerial/confidential employees, to remedy an omission in a previous bill and provide compensation for such employees consistent with that of other State officers and employees.

Budget implications

This bill would provide appropriations totaling approximately $319 million (General Fund/All Funds) to pay for the cost of the interest arbitration award during the period April 1,2007 to March 31,2009.

Effective date

This bill would take effect immediately and be deemed to have been in full force and effect on and after April 1, 2007.