BILL NUMBER: S9818
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the civil service law and the state finance law, in
relation to compensation, benefits and other terms and conditions of
employment for members of the collective negotiating unit designated as
the agency police services unit; to implement an agreement between the
state of New York and the employee organization representing members of
the collective negotiating unit designated as the agency police services
unit; making an appropriation therefor; and to repeal certain provisions
of the civil service law relating thereto
 
PURPOSE:
This bill would implement the terms of an agreement entered into pursu-
ant to Article 14 of the Civil Service Law (the "Agreement") between the
executive branch of the State of New York ("State") and the employee
organization which represents members of the collective negotiating unit
designated as the Agency Police Services Unit ("APSU").
 
SUMMARY OF PROVISIONS:
Section 1 of the bill would repeal paragraph h of subdivision of Civil
Service Law Section 130, as added by chapter 60 of the laws of 2022, and
replace it with a new paragraph h to provide for the application of new
salary schedules to all members of the APSU. The new salary schedules
include a 3 percent increase in basic annual salary effective April 1,
2023; April 1, 2024; and April 1, 2025.
Section 2 of the bill would amend subdivision 2 of State Finance Law
Section 207-d to provide for the continuation of employer payments to an
employee benefit fund established by the union for members of the APSU,
pursuant to the terms of the Agreement.
Section 3 of the bill would provide for increases in basic annual salary
for covered members of the APSU of three percent effective April 1,
2023, 2024 and 2025. This section provides that these increases will be
paid on a pro-rated basis to otherwise eligible officers and employees
who are paid on an hourly or per diem basis or serving on a part-time or
seasonal basis. It further authorizes performance advance payments to
covered members of the APSU in graded positions pursuant to the terms of
the Agreement and Civil Service Law Section131(6), and to non-statutory
employees as authorized by the Director of the Budget. This section also
authorizes eligible APSU members to receive longevity payments. Finally,
this section specifies that any increase in compensation may be withheld
when, in the opinion of the Director of the Budget and the Director of
Employee Relations, such increase is not warranted or appropriate.
Section 4 of the bill provides for a lump sum payment in the amount of
three thousand dollars for members of the unit in continuous service
within the unit during the period May 9, 2024 through September 11,
2024. Such payment is not added to base salary and is not pensionable.
Section 5 of the bill would provide eligible members of the APSU with
additional pay for assembling for briefing prior to the commencement of
duties ("pre-shift briefing") in accordance with the terms of the Agree-
ment. Paragraph 1 of this section would continue to provide eligible
members of the APSU with additional compensation in recognition of the
pre-shift briefing pursuant to subdivision 5 of section 134 of the Civil
Service Law. Paragraph 2 of this section would continue to provide for
the equivalent of the additional compensation provided for in paragraph
1 to members of the APSU employed by the Department of Environmental
Conservation who do not physically line-up for pre-shift briefing --
such members of the APSU shall receive additional compensation for vehi-
cle, equipment, office maintenance, and the handling of phone calls and
home visitations received and initiated outside of the regular workday.
This paragraph also continues to provide those members of the APSU who
are in non-pay status for the day do not receive such pre-shift briefing
compensation. Paragraph 3 of this section would provide that compen-
sation for pre-shift briefing is excluded from the calculation of over-
time but would be included for retirement purposes.
Section 6 of the bill would continue to provide eligible members of the
APSU classified as investigators or detectives with a clothing allow-
ance, consistent with the terms of the Agreement or Award.
Sections 7 and 8 of the bill would continue location pay and supple-
mental location pay, respectively, to eligible members of the APSU and
increase those amounts by 3% each year starting with April 1, 2023
consistent with the terms of the Agreement.
Section 9 of the bill would continue and, effective April 1,2023,
increase expanded duty pay to members of the APSU, consistent with the
terms of the Agreement.
Section 10 of the bill would continue the marine/off road enforcement
pay for members of the APSU employed by the Office of Parks, Recreation,
and Historic Preservation or Department of Environmental Conservation.
This section would also delay the commencement of such payment for
employees starting in the first academy class after ratification of the
2019-2023 collective bargaining agreement until the beginning of the
first pay period following an employee's one year anniversary of employ-
ment, consistent with the terms of the Agreement.
Section 11 of the bill would continue the hazardous material pay and
hazardous material/fire management/search and rescue pay for eligible
members of the APSU employed by the Department of Environmental Conser-
vation. This section would also delay the commencement of such payment
for employees starting in the first academy class after ratification of
the 20192023 collective bargaining agreement until the beginning of the
first pay period following an employee's one year anniversary of employ-
ment, consistent with the terms of the Agreement.
Section 12 of the bill would provide for the payment of a service pay
upon fifteen years of service in the APSU, or predecessor units, in the
amount of twelve hundred dollars and increase that amount to two thou-
sand dollars on April 1, 2025. Also, effective April 1, 2025, members of
the unit with eleven years of service but less than 15 years of service
would begin to receive, consistent with the Agreement, eight hundred
dollars annually.
Section 13 of the bill would continue and increase the amount of the
existing inconvenience pay program by 3% each year of the Agreement for
the eligible members of the APSU who work four hours or more between the
hours of 6:00 p.m. and 6:00 a.m.
Section 14 of the bill would provide for the continuation and adminis-
tration of a statewide joint labor-management committee to study and
make recommendations concerning major issues of employee assistance,
performance evaluation, education and training, quality of work life and
health benefits.
Section 15 of the bill would continue the publication of grievance arbi-
tration settlements and awards.
Section 16 of the bill would continue to exempt the salaries of newly
hired APSU members from the imposition of "deferred payment," pursuant
to subdivision 2-a of section 200 of the State Finance Law.
Section 17 of the bill would provide that salary increases, pursuant to
this bill, shall be effective on the first day of the first pay period
nearest to the effective date of any such salary increase.
Section 18 of the bill establishes that eligible members of the APSU
should receive salary increases and deferred payment of salary increases
called for by the Agreement between the parties.
Section 19 of the bill would provide for the use of appropriations to
pay any amounts required by the provisions of this bill.
Sections 20 and 21 of the bill would appropriate monies to pay for the
personal service, non-personal service and labor management committee
costs associated with this bill in accordance with the Agreement.
Section 22 of the bill would provide that the bill take effect imme-
diately and would be deemed to have been in full force and effect on and
after April 1, 2023.
 
EXISTING LAW:
The last pay bill for the APSU, covering the period April 1, 2019 to
March 31, 2023 was enacted by Chapter 60 of the Laws of 2022.
 
STATEMENT IN SUPPORT:
The bill is necessary to implement the terms of a collective bargaining
agreement between the executive branch of the State of New York and the
Police Benevolent Association of New York State, Inc., the employee
organization certified to represent members of the APSU, which was
entered into pursuant to Article 14 of the Civil Service Law which
covers the period April 1, 2023to March 31, 2026.
 
LEGISLATIVE HISTORY:
New bill.
 
BUDGET IMPLICATIONS:
The bill would provide appropriations totaling approximately $21.3
million to pay for the cost of the agreement during the period April 1,
2023, to March 31, 2025.
 
EFFECTIVE DATE:
The bill would take effect immediately and would be deemed to have been
in full force and effect on and after April 1, 2023.