§ 209 — Resolution of disputes in the course of collective negotiations

New York § 209

• Jurisdiction: New York
• Law CVS: Civil Service
• Art. 14: Public Employees' Fair Employment Act

Text

§ 209. Resolution of disputes in the course of collective\nnegotiations. 1. For purposes of this section, an impasse may be deemed\nto exist if the parties fail to achieve agreement at least one hundred\ntwenty days prior to the end of the fiscal year of the public employer.\n * 2. Public employers are hereby empowered to enter into written\nagreements with recognized or certified employee organizations setting\nforth procedures to be invoked in the event of disputes which reach an\nimpasse in the course of collective negotiations. Such agreements may\ninclude the undertaking by each party to submit unresolved issues to\nimpartial arbitration. In the absence or upon the failure of such\nprocedures, public employers and employee organizations may request the\nboard to render assistance as provided in this section, or the board may\nrender such assistance on its own motion, as provided in subdivision\nthree of this section, or, in regard to officers or members of any\norganized fire department, or any unit of the public employer which\npreviously was a part of an organized fire department whose primary\nmission includes the prevention and control of aircraft fires, police\nforce or police department of any county, city, town, village or fire or\npolice district, or detective-investigators, or rackets investigators\nemployed in the office of a district attorney of a county, or in regard\nto any organized unit of troopers, commissioned or noncommissioned\nofficers of the division of state police, or in regard to investigators,\nsenior investigators and investigator specialists of the division of\nstate police, or in regard to members of collective negotiating units\ndesignated as security services and security supervisors who are police\nofficers, who are forest ranger captains or who are employed by the\nstate department of corrections and community supervision and are\ndesignated as peace officers pursuant to subdivision twenty-five of\nsection 2.10 of the criminal procedure law, or in regard to members of\nthe collective negotiating unit designated as the agency law enforcement\nservices unit who are police officers pursuant to subdivision\nthirty-four of section 1.20 of the criminal procedure law or who are\nforest rangers, or in regard to organized units of deputy sheriffs who\nare engaged directly in criminal law enforcement activities that\naggregate more than fifty per centum of their service as certified by\nthe county sheriff and are police officers pursuant to subdivision\nthirty-four of section 1.20 of the criminal procedure law as certified\nby the municipal police training council or Suffolk county correction\nofficers or Suffolk county park police, as provided in subdivision four\nof this section.\n * NB Effective until July 1, 2029\n * 2. Public employers are hereby empowered to enter into written\nagreements with recognized or certified employee organizations setting\nforth procedures to be invoked in the event of disputes which reach an\nimpasse in the course of collective negotiations. Such agreements may\ninclude the undertaking by each party to submit unresolved issues to\nimpartial arbitration. In the absence or upon the failure of such\nprocedures, public employers and employee organizations may request the\nboard to render assistance as provided in this section, or the board may\nrender such assistance on its own motion, as provided in subdivision\nthree of this section, or, in regard to officers or members of any\norganized fire department, or any unit of the public employer which\npreviously was a part of an organized fire department whose primary\nmission includes the prevention and control of aircraft fires, police\nforce or police department of any county, city, except the city of New\nYork, town, village or fire or police district, or in regard to\norganized units of deputy sheriffs who are engaged directly in criminal\nlaw enforcement activities that aggregate more than fifty per centum of\ntheir service as certified by the county sheriff and are police officers\npursuant to subdivision thirty-four of section 1.20 of the criminal\nprocedure law as certified by the municipal police training council or\nSuffolk county correction officers or Suffolk county park police, as\nprovided in subdivision four of this section.\n * NB Effective July 1, 2029\n 3. On request of either party or upon its own motion, as provided in\nsubdivision two of this section, and in the event the board determines\nthat an impasse exists in collective negotiations between such employee\norganization and a public employer as to the conditions of employment of\npublic employees, the board shall render assistance as follows:\n (a) to assist the parties to effect a voluntary resolution of the\ndispute, the board shall appoint a mediator or mediators representative\nof the public from a list of qualified persons maintained by the board;\n (b) if the impasse continues, the board shall appoint a fact-finding\nboard of not more than three members, each representative of the public,\nfrom a list of qualified persons maintained by the board, which\nfact-finding board shall have, in addition to the powers delegated to it\nby the board, the power to make public recommendations for the\nresolution of the dispute;\n (c) if the dispute is not resolved at least eighty days prior to the\nend of the fiscal year of the public employer or by such other date\ndetermined by the board to be appropriate, the fact-finding board,\nacting by a majority of its members, (i) shall immediately transmit its\nfindings of fact and recommendations for resolution of the dispute to\nthe chief executive officer of the government involved and to the\nemployee organization involved, (ii) may thereafter assist the parties\nto effect a voluntary resolution of the dispute, and (iii) shall within\nfive days of such transmission make public such findings and\nrecommendations;\n (d) in the event that the findings of fact and recommendations are\nmade public by a fact-finding board appointed by the board or\nestablished pursuant to procedures agreed upon by the parties under\nsubdivision two of this section, and the impasse continues, the public\nemployment relations board shall have the power to take whatever steps\nit deems appropriate to resolve the dispute, including (i) the making of\nrecommendations after giving due consideration to the findings of fact\nand recommendations of such fact-finding board, but no further\nfact-finding board shall be appointed and (ii) upon the request of the\nparties, assistance in providing for voluntary arbitration;\n (e) should either the public employer or the employee organization not\naccept in whole or in part the recommendations of the fact-finding\nboard, (i) the chief executive officer of the government involved shall,\nwithin ten days after receipt of the findings of fact and\nrecommendations of the fact-finding board, submit to the legislative\nbody of the government involved a copy of the findings of fact and\nrecommendations of the fact-finding board, together with his\nrecommendations for settling the dispute; (ii) the employee organization\nmay submit to such legislative body its recommendations for settling the\ndispute; (iii) the legislative body or a duly authorized committee\nthereof shall forthwith conduct a public hearing at which the parties\nshall be required to explain their positions with respect to the report\nof the fact-finding board; and (iv) thereafter, the legislative body\nshall take such action as it deems to be in the public interest,\nincluding the interest of the public employees involved.\n (f) where the public employer is a school district, a board of\ncooperative educational services, a community college, the state\nuniversity of New York, or the city university of New York, the\nprovisions of subparagraphs (iii) and (iv) of paragraph (e) of this\nsubdivision shall not apply, and (i) the board may afford the parties an\nopportunity to explain their positions with respect to the report of the\nfact-finding board at a meeting at which the legislative body, or a duly\nauthorized committee thereof, may be present; (ii) thereafter, the\nlegislative body may take such action as is necessary and appropriate to\nreach an agreement. The board may provide such assistance as may be\nappropriate.\n * 4. On request of either party or upon its own motion, as provided in\nsubdivision two of this section, and in the event the board determines\nthat an impasse exists in collective negotiations between such employee\norganization and a public employer as to the conditions of employment of\nofficers or members of any organized fire department, or any other unit\nof the public employer which previously was a part of an organized fire\ndepartment whose primary mission includes the prevention and control of\naircraft fires, police force or police department of any county, city,\ntown, village or fire or police district, and detective-investigators,\ncriminal investigators or rackets investigators employed in the office\nof a district attorney, or as to the conditions of employment of members\nof any organized unit of troopers, commissioned or noncommissioned\nofficers of the division of state police or as to the conditions of\nemployment of members of any organized unit of investigators, senior\ninvestigators and investigator specialists of the division of state\npolice, or as to the terms and conditions of employment of members of\ncollective negotiating units designated as security services and\nsecurity supervisors, who are police officers, who are forest ranger\ncaptains or who are employed by the state department of corrections and\ncommunity supervision and are designated as peace officers pursuant to\nsubdivision twenty-five of section 2.10 of the criminal procedure law,\nor in regard to members of the collective negotiating unit designated as\nthe agency law enforcement services unit who are police officers\npursuant to subdivision thirty-four of section 1.20 of the criminal\nprocedure law or who are forest rangers, or as to the conditions of\nemployment of any organized unit of deputy sheriffs who are engaged\ndirectly in criminal law enforcement activities that aggregate more than\nfifty per centum of their service as certified by the county sheriff and\nare police officers pursuant to subdivision thirty-four of section 1.20\nof the criminal procedure law as certified by the municipal police\ntraining council or Suffolk county correction officers or Suffolk county\npark police, the board shall render assistance as follows:\n (a) to assist the parties to effect a voluntary resolution of the\ndispute, the board shall appoint a mediator from a list of qualified\npersons maintained by the board;\n (b) if the mediator is unable to effect settlement of the controversy\nwithin fifteen days after his appointment, either party may petition the\nboard to refer the dispute to a public arbitration panel;\n (c) (i) upon petition of either party, the board shall refer the\ndispute to a public arbitration panel as hereinafter provided;\n (ii) the public arbitration panel shall consist of one member\nappointed by the public employer, one member appointed by the employee\norganization and one public member appointed jointly by the public\nemployer and employee organization who shall be selected within ten days\nafter receipt by the board of a petition for creation of the arbitration\npanel. If either party fails to designate its member to the public\narbitration panel, the board shall promptly, upon receipt of a request\nby either party, designate a member associated in interest with the\npublic employer or employee organization he is to represent. Each of the\nrespective parties is to bear the cost of its member appointed or\ndesignated to the arbitration panel and each of the respective parties\nis to share equally the cost of the public member. If, within seven days\nafter the mailing date, the parties are unable to agree upon the one\npublic member, the board shall submit to the parties a list of\nqualified, disinterested persons for the selection of the public member.\nEach party shall alternately strike from the list one of the names with\nthe order of striking determined by lot, until the remaining one person\nshall be designated as public member. This process shall be completed\nwithin five days of receipt of this list. The parties shall notify the\nboard of the designated public member. The public member shall be chosen\nas chairman;\n (iii) the public arbitration panel shall hold hearings on all matters\nrelated to the dispute. The parties may be heard either in person, by\ncounsel, or by other representatives, as they may respectively\ndesignate. The panel may grant more than one adjournment each for each\nparty; provided, however, that a second request of either party and any\nsubsequent adjournments may be granted on request of either party,\nprovided that the party which requests the adjournment shall pay the\narbitrator's fee. The parties may present, either orally or in writing,\nor both, statements of fact, supporting witnesses and other evidence,\nand argument of their respective positions with respect to each case.\nThe panel shall have authority to require the production of such\nadditional evidence, either oral or written as it may desire from the\nparties and shall provide at the request of either party that a full and\ncomplete record be kept of any such hearings, the cost of such record to\nbe shared equally by the parties;\n (iv) all matters presented to the public arbitration panel for its\ndetermination shall be decided by a majority vote of the members of the\npanel. The panel, prior to a vote on any issue in dispute before it,\nshall, upon the joint request of its two members representing the public\nemployer and the employee organization respectively, refer the issues\nback to the parties for further negotiations;\n (v) the public arbitration panel shall make a just and reasonable\ndetermination of the matters in dispute. In arriving at such\ndetermination, the panel shall specify the basis for its findings,\ntaking into consideration, in addition to any other relevant factors,\nthe following:\n a. comparison of the wages, hours and conditions of employment of the\nemployees involved in the arbitration proceeding with the wages, hours,\nand conditions of employment of other employees performing similar\nservices or requiring similar skills under similar working conditions\nand with other employees generally in public and private employment in\ncomparable communities.\n b. the interests and welfare of the public and the financial ability\nof the public employer to pay;\n c. comparison of peculiarities in regard to other trades or\nprofessions, including specifically, (1) hazards of employment; (2)\nphysical qualifications; (3) educational qualifications; (4) mental\nqualifications; (5) job training and skills;\n d. the terms of collective agreements negotiated between the parties\nin the past providing for compensation and fringe benefits, including,\nbut not limited to, the provisions for salary, insurance and retirement\nbenefits, medical and hospitalization benefits, paid time off and job\nsecurity.\n (vi) the determination of the public arbitration panel shall be final\nand binding upon the parties for the period prescribed by the panel, but\nin no event shall such period exceed two years from the termination date\nof any previous collective bargaining agreement or if there is no\nprevious collective bargaining agreement then for a period not to exceed\ntwo years from the date of determination by the panel. Such\ndetermination shall not be subject to the approval of any local\nlegislative body or other municipal authority. Notwithstanding the\nprovisions of this subparagraph to the contrary, where the parties to a\npublic arbitration are those anticipated by the provisions of paragraphs\n(e) and (f) of this subdivision the state and such parties may agree to\nconfer authority to the public arbitration panel to issue a final and\nbinding determination for a period up to and including four years.\n (vii) the determination of the public arbitration panel shall be\nsubject to review by a court of competent jurisdiction in the manner\nprescribed by law.\n (d) The provisions of this subdivision shall expire July first, two\nthousand twenty-nine.\n (e) With regard to members of any organized unit of troopers,\ninvestigators, senior investigators, investigator specialists and\ncommissioned or non-commissioned officers of the division of state\npolice, the provisions of this section shall not apply to issues\nrelating to disciplinary procedures and investigations or eligibility\nand assignment to details and positions, which shall be governed by\nother provisions prescribed by law.\n (f) With regard to any members of collective negotiating units\ndesignated as security services or security supervisors, who are police\nofficers, who are forest ranger captains or who are employed by the\nstate department of corrections and community supervision and are\ndesignated as peace officers pursuant to subdivision twenty-five of\nsection 2.10 of the criminal procedure law, or in regard to members of\nthe collective negotiating unit designated as the agency law enforcement\nservices unit who are police officers pursuant to subdivision\nthirty-four of section 1.20 of the criminal procedure law or who are\nforest rangers, or in regard to detective-investigators, criminal\ninvestigators or rackets investigators employed in the office of a\ndistrict attorney of a county contained within a city with a population\nof one million or more, the provisions of this section shall only apply\nto the terms of collective bargaining agreements directly relating to\ncompensation, including, but not limited to, salary, stipends, location\npay, insurance, medical and hospitalization benefits; and shall not\napply to non-compensatory issues including, but not limited to, job\nsecurity, disciplinary procedures and actions, deployment or scheduling,\nor issues relating to eligibility for overtime compensation which shall\nbe governed by other provisions proscribed by law.\n (g) With regard to members of any organized unit of deputy sheriffs\nwho are engaged directly in criminal law enforcement activities that\naggregate more than fifty per centum of their service as certified by\nthe county sheriff and are police officers pursuant to subdivision\nthirty-four of section 1.20 of the criminal procedure law as certified\nby the municipal police training council, the provisions of this section\nshall only apply to the terms of collective bargaining agreements\ndirectly relating to compensation, including, but not limited to,\nsalary, stipends, location pay, insurance, medical and hospitalization\nbenefits; and shall not apply to non-compensatory issues including, but\nnot limited to, job security, disciplinary procedures and actions,\ndeployment or scheduling, or issues relating to eligibility for overtime\ncompensation which shall be governed by other provisions proscribed by\nlaw. Provided, further, that with regard to any organized unit of deputy\nsheriffs who are engaged directly in criminal law enforcement activities\nthat aggregate more than fifty per centum of their service and are\npolice officers pursuant to subdivision thirty-four of section 1.20 of\nthe criminal procedure law as certified by the municipal police training\ncouncil, the provisions of this subdivision pertaining to interest\narbitration shall only apply in the event that the collective bargaining\nagreement between the public employer and the public employee\norganization has been expired for a period of not less than twelve\nmonths and the parties have fully utilized all other impasse resolution\nprocedures available under this subdivision.\n (h) With regard to Suffolk county correction officers the provisions\nof this section shall not apply to issues relating to disciplinary\nprocedures and investigations or eligibility and assignment to details\nand positions, which shall be governed by other provisions prescribed by\nlaw.\n (i) With regard to Suffolk county park police officers the provisions\nof this section shall not apply to issues relating to disciplinary\nprocedures and investigations or eligibility and assignment to details\nand positions, which shall be governed by other provisions prescribed by\nlaw.\n * NB Expires July 1, 2029\n 4-a. (a) Notwithstanding anything in subdivision four of this section\nto the contrary, a public employer that is a fiscally eligible\nmunicipality, as defined in section 160.05 of the local finance law, and\nis otherwise subject to subdivision four of this section, upon\nresolution of its governing body with the concurrence of its chief\nexecutive officer, and a public employee organization subject to\nsubdivision four of this section may, jointly, stipulate and agree that\nan impasse exists, at any time, with respect to collective negotiations\nbetween the parties for a collective bargaining agreement and, in lieu\nof commencing a proceeding under subdivision four of this section, may\njointly request that the financial restructuring board for local\ngovernments, established in section 160.05 of the local finance law,\nresolve such impasse. A joint request pursuant to this subdivision shall\nbe irrevocable.\n (b) The financial restructuring board for local governments shall\nrender a just and reasonable determination of the matters in dispute by\nan affirmative vote of a majority of the total number of its members. In\narriving at such determination, it shall specify the basis for its\nfindings, taking into consideration, in addition to any other relevant\nfactors, those factors set forth in subdivision six of this section. In\nall matters regarding public disclosure of its proceedings and findings,\nit shall be treated the same as the panel convened pursuant to\nsubdivision four of this section. It shall render a determination within\nsix months of being formally requested by the parties to convene.\n (c) Each party before the financial restructuring board for local\ngovernments may be heard either in person, by counsel, or by other\nrepresentatives, as they may respectively designate and may present,\neither orally or in writing, or both, statements of fact, supporting\nwitnesses and other evidence, and argument of their respective positions\nwith respect to each case. The board shall have authority to require the\nproduction of additional evidence, either oral or written, as it may\ndesire from the parties. All proceedings, meetings and hearings\nconducted by the board shall be held in the city of Albany.\n (d) The determination of the financial restructuring board for local\ngovernments with respect to the conditions of employment presented to it\npursuant to this section shall be final and binding upon the parties for\nthe period prescribed by such board, but in no event shall such period\nexceed four years from the termination date of any previous collective\nbargaining agreement or if there is no previous collective bargaining\nagreement then for a period not to exceed four years from the date of\ndetermination by the board. Such determination shall not be subject to\nthe approval of any local legislative body or other municipal authority,\nand shall only be subject to review by a court of competent jurisdiction\nin the manner prescribed by law.\n * 5. (a) In the event that the board certifies that a voluntary\nresolution of the contract negotiations between either (i) the New York\ncity transit authority (hereinafter referred to as TA-public employer)\nand the public employee organization certified or recognized to\nrepresent the majority of employees of such TA-public employer, or (ii)\nthe metropolitan transportation authority, including its subsidiaries,\nthe New York city transit authority, including its subsidiary, and the\nTriborough bridge and tunnel authority (all hereinafter referred to as\nMTA-public employer) and a public employee organization certified or\nrecognized to represent employees of such MTA-public employer not\nsubject to the jurisdiction of the Federal Railway Labor Act and not\nsubject to the provisions of subparagraph (i) of this paragraph, which\nhas made an election pursuant to paragraph (f) of this subdivision, or\n(iii) the Niagara Frontier transportation authority, the\nRochester-Genesee regional transportation authority, the capital\ndistrict transportation authority and the central New York regional\ntransportation authority (all hereinafter referred to as upstate\nTA-public employer) and the public employee organization certified or\nrecognized to represent the employees of such upstate TA-public\nemployer, cannot be effected, or upon the joint request of the TA-public\nemployer, the MTA-public employer (hereinafter jointly referred to as\npublic employer) or the upstate TA-public employer and any such affected\nemployee organization, such board shall refer the dispute to a public\narbitration panel, consisting of one member appointed by the public\nemployer, one member appointed by the employee organization and one\npublic member appointed jointly by the public employer and employee\norganization who shall be selected within ten days after receipt by the\nboard of a petition for creation of the arbitration panel. If either\nparty fails to designate its member to the public arbitration panel, the\nboard shall promptly, upon receipt of a request by either party,\ndesignate a member associated in interest with the public employer or\nemployee organization he is to represent. Each of the respective parties\nis to bear the cost of its member appointed or designated to the\narbitration panel and each of the respective parties is to share equally\nthe cost of the public member. If, within seven days after the mailing\ndate, the parties are unable to agree upon the one public member, the\nboard shall submit to the parties a list of qualified, disinterested\npersons for the selection of the public member. Each party shall\nalternately strike from the list one of the names with the order of\nstriking determined by lot, until the remaining one person shall be\ndesignated as public member. This process shall be completed within five\ndays of receipt of this list. The parties shall notify the board of the\ndesignated public member. The public member shall be chosen as chairman.\n (b) The arbitration panel shall hold hearings on all matters within\nthe scope of negotiations related to the dispute for which the panel was\nappointed. The parties may be heard either in person, by counsel or by\nother representatives as they may respectively designate. The parties\nmay present, either orally or in writing or both, statement of fact,\nsupporting witnesses and other evidence and argument of their respective\nposition with respect to each case. The panel shall have authority to\nrequire the production of such additional evidence, either oral or\nwritten, as it may desire from the parties and shall provide at the\nrequest of either party that a full and complete record be kept of any\nsuch hearings, the cost of such record to be shared equally by the\nparties.\n (c) All matters presented to such panel for its determination shall be\ndecided by a majority vote of the members of the panel. The panel, prior\nto a vote on any issue in dispute before it, may refer the issue back to\nthe parties for further negotiations.\n (d) Such panel shall make a just and reasonable determination of\nmatters in dispute. In arriving at such determination, the panel shall\nspecify the basis for its findings, taking into consideration, in\naddition to any other relevant factors, the following:\n (i) comparison of the wages, hours, fringe benefits, conditions and\ncharacteristics of employment of the public employees involved in the\nimpasse proceeding with the wages, hours, fringe benefits, conditions\nand characteristics of employment of other employees performing similar\nwork and other employees generally in public or private employment in\nNew York city or comparable communities;\n (ii) the overall compensation paid to the employees involved in the\nimpasse proceeding, including direct wage compensation, overtime and\npremium pay, vacations, holidays and other excused time, insurance,\npensions, medical and hospitalization benefits, food and apparel\nfurnished, and all other benefits received;\n (iii) the impact of the panel's award on the financial ability of the\npublic employer to pay, on the present fares and on the continued\nprovision of services to the public;\n (iv) changes in the average consumer prices for goods and services,\ncommonly known as the cost of living;\n (v) the interest and welfare of the public; and\n (vi) such other factors as are normally and customarily considered in\nthe determination of wages, hours, fringe benefits and other working\nconditions in collective negotiations or impasse panel proceedings.\n (e) The panel shall have full authority to resolve the matters in\ndispute before it and issue a determination which shall be final and\nbinding upon the parties, notwithstanding any other provision of this\narticle. Except for the purposes of judicial review, any provision of a\ndetermination of the arbitration panel, the implementation of which\nrequires an enactment of law, shall not become binding until the\nappropriate legislative body enacts such law.\n (f) (i) Within sixty days of the enactment of this provision, and only\nwithin such time period, any such public employee organization described\nin subparagraph (ii) of paragraph (a) of this subdivision may elect to\nbe covered by the provisions of this section by filing in writing a no-\ntice of participation with the chairman of the board and the chairman of\nthe metropolitan transportation authority.\n (ii) Within sixty days of the enactment of this subparagraph and only\nwithin such time period, any such public employee organization certified\nor recognized to represent employees of an MTA-public employer\n(described in subparagraph (ii) of paragraph (a) of this subdivision)\nnot subject to the jurisdiction of the Federal Railway Labor Act but\nwhich was subject to such jurisdiction during the sixty-day period set\nforth in subparagraph (i) of this paragraph may elect to be covered by\nthe provisions of this section by filing in writing a notice of\nparticipation with the chairman of the board and the chairman of the\nmetropolitan transportation authority.\n (iii) Within ninety days of the enactment of this subparagraph, and\nonly within such time period, any such public employee organization\ncertified or registered to represent employees classified as the\nTriborough bridge and tunnel authority superior officer benevolent\nassociation of an MTA-public employer (described in subparagraph (ii) of\nparagraph (a) of this subdivision) may elect to be covered by the\nprovisions of this section by filing in writing a notice of\nparticipation with the chairman of the board and the chairman of the\nmetropolitan transportation authority.\n (iv) Once such an election is made pursuant to subparagraph (i) or\n(ii) of this paragraph, any such public employee organization shall\nthereafter be subject to the provisions of this section unless such\norganization and the chairman of the metropolitan transportation\nauthority file a joint agreement in writing with the chairman of the\nboard that provides for a rescission of the election made pursuant to\nthis paragraph.\n (g) This subdivision shall not apply to a certified or recognized\npublic employee organization which represents any public employees\ndescribed in subdivision sixteen of section twelve hundred four of the\npublic authorities law and nothing contained within this section shall\nbe construed to divest the public employment relations board or any\ncourt of competent jurisdiction of the full power or authority to\nenforce any order made by the board or such court prior to the effective\ndate of this subdivision.\n * NB Expires July 1, 2027\n * 6. (a) For disputes concerning an impasse pursuant to subdivision\nfour of this section that involve a county, city, town, or village\nsubject to section three-c of the general municipal law, a public\narbitration panel shall make a determination as to whether such county,\ncity, town, or village, is a public employer that is a fiscally eligible\nmunicipality as part of its analysis of the financial ability of the\npublic employer to pay.\n (b) In evaluating whether a public employer covered by this\nsubdivision is a fiscally eligible municipality, such public arbitration\npanel shall consider the average full value property tax rate of such\npublic employer and the average fund balance percentage of such public\nemployer.\n (i) For purposes of this subdivision, "full value property tax rate"\nshall mean the amount to be raised by tax on real estate by a local\ngovernment in a given fiscal year divided by the full valuation of\ntaxable real estate for that same fiscal year as reported to the office\nof the state comptroller.\n (ii) For purposes of this subdivision, "average full value property\ntax rate" shall mean the sum of the full value property tax rates for\nthe five most recent fiscal years divided by five.\n (iii) For purposes of this subdivision, "fund balance percentage"\nshall mean the total fund balance in the general fund of a local\ngovernment in a given fiscal year divided by the total expenditures from\nthe general fund for that same fiscal year as reported to the office of\nthe state comptroller.\n (iv) For purposes of this subdivision, "average fund balance\npercentage" shall mean the sum of the fund balance percentages for the\nfive most recently completed fiscal years divided by five.\n (c) If the average full value property tax rate of such public\nemployer is greater than the average full value property tax rate of\nseventy-five percent of counties, cities, towns, and villages, with\nlocal fiscal years ending in the same calendar year as of the most\nrecently available information, the public arbitration panel must find\nthat such public employer is a fiscally eligible municipality. The\noffice of the state comptroller shall make publicly available the list\nof counties, cities, towns, and villages that have an average full value\nproperty tax rate that meets such criteria in each local fiscal year. If\na public employer has not reported to the office of the state\ncomptroller the information necessary to calculate its average full\nvalue property tax rate, such public employer may not be deemed a\nfiscally eligible municipality and the provisions of this subdivision\nshall not apply.\n (d) If the average fund balance percentage of such public employer is\nless than five percent and the state comptroller has certified that any\nadditional fund balances in funds other than the general fund available\nfor payment of arbitration awards in each year, if added to the fund\nbalance of the general fund, would not cause the average fund balance\npercentage of such public employer to exceed five percent, the public\narbitration panel must find that such public employer is a fiscally\neligible municipality. The office of the state comptroller shall make\npublicly available the list of counties, cities, towns, and villages\nthat have an average fund balance percentage that is less than five\npercent in each local fiscal year. If a public employer has not reported\nto the office of the state comptroller the information necessary to\ncalculate its average fund balance percentage, such public employer may\nnot be deemed a fiscally eligible municipality and the provisions of\nthis subdivision shall not apply.\n (e) When such public employer has been found to be a fiscally eligible\nmunicipality, the public arbitration panel shall, first and foremost,\nconsider ability to pay by assigning a weight of seventy percent to that\nportion of the criterion contained within clause b of subparagraph (v)\nof paragraph (c) of subdivision four of this section that pertains only\nto the public employer's ability to pay. All other criteria contained in\nsubparagraph (v) of paragraph (c) of subdivision four of this section,\nincluding that portion of clause b of subparagraph (v) of paragraph (c)\nof subdivision four of this section that pertains to the interest and\nwelfare of the public, shall constitute an aggregate weight of thirty\npercent. Additionally, with respect to the total monetary value of any\ndetermination, the panel must recognize and take into account in its\ndetermination the constraints, obligations and requirements imposed by\nthe real property tax cap pursuant to section three-c of the general\nmunicipal law upon the public employer involved in the dispute before\nthe panel.\n (f) The provisions of this subdivision shall expire July first, two\nthousand twenty-nine.\n * NB Expires July 1, 2029\n