NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4834
SPONSOR: Fitzpatrick (MS) TITLE OF BILL:
An act to amend the labor law, in relation to negotiations between a
governing board and a labor organization
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would make all labor contract negotiations public.
Additionally, this bill will provide that documents relating to contract
negotiations will be made public.
SUMMARY OF PROVISIONS:
Section one makes all negotiations between a labor organization and a
governing board public and available for the public to attend. This
section also makes all documents exchanged between the two parties
public and mandates that the governing board provide a financial analy-
sis of the negotiations.
Section two is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
Currently, negotiations are determined without input from the public.
Contract negotiations between a governing board and labor organizations
are often very expensive, costing taxpayers millions of dollars to
fulfill the terms of the contracts. This bill seeks to make the public
aware of the contract negotiations so that the public will know the
dollar amount associated with the terms.
PRIOR LEGISLATIVE HISTORY:
2022- A5683- Referred to Labor Committee
2020- A5367- Held in the Committee on Labor
2018- A6630- Held in the Committee on Labor
2016- A8353- Held in the Committee on Labor
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No cost to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
4834
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
MANKTELOW -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to negotiations between a
governing board and a labor organization
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 710 of the labor law, as amended by section 7 of
2 part O of chapter 56 of the laws of 2010, is amended to read as follows:
3 § 710. Public records and proceedings. 1. All negotiations between a
4 governing board and a labor organization shall be in open session and
5 shall be available for the public to attend. This requirement shall
6 apply to negotiations between a governing board's designated represen-
7 tatives and representatives of a labor organization. This requirement
8 shall also apply to meetings where labor negotiation arbitrators, media-
9 tors or similar labor dispute meeting facilitators are present.
10 Provided, however, that a governing board or its designated represen-
11 tatives may hold an executive session for the purposes of: (a) consider-
12 ing a labor contract offer or to formulate a counteroffer, or (b)
13 receiving information about a specific employee, when the information
14 has a direct bearing on the issues being negotiated and a reasonable
15 person would conclude that the release of such information would violate
16 that employee's right to privacy.
17 2. All documentation exchanged between the parties during negoti-
18 ations, including all offers, counteroffers and meeting minutes shall be
19 subject to public writings disclosure laws.
20 3. Notwithstanding any provision of law to the contrary, the governing
21 body shall post notice of all negotiation sessions at least fourteen
22 calendar days prior to the beginning of such sessions. The minimum
23 acceptable notification will be on the front page of the governing
24 body's webpage. The governing body shall also post notice within twen-
25 ty-four hours at its regular meeting physical posting locations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08527-01-3
A. 4834 2
1 4. The governing board shall provide a financial analysis of each
2 proposed contract which shall detail the annual cost of the proposed
3 contract as well as the overall cost of the contract.
4 5. Subject to rules and regulations to be made by the board consistent
5 with article six of the public officers law, the complaints, orders and
6 testimony relating to a proceeding instituted by the board under section
7 seven hundred six of this article may be made public records and be made
8 available for inspection or copying. All proceedings pursuant to section
9 seven hundred six of this article shall be open to the public.
10 § 2. This act shall take effect immediately.
