Establishes a special commission on compensation for state employees designated managerial or confidential and provides for its powers and duties

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 Confidential 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 recommendations with respect to managerial or confidential employee compensation. The Commission would determine what salaries shall be and would make recommendations to effect the changes to salaries. Such recommendations 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 employees of the state are contained in "pay bills" enacted by the Legislature. 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 confidential employees make less than those they supervise. Unlike the state's 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 Legislative 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 commission 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

New bill.

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 enactment.