§ 212 — Local government procedures

New York § 212

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

Text

§ 212. Local government procedures. 1. This article, except sections\ntwo hundred one, two hundred two, two hundred three, two hundred four,\nparagraph b of subdivision four and paragraph d of subdivision five of\nsection two hundred five, paragraph b of subdivision three of section\ntwo hundred seven, section two hundred eight, section two hundred\nnine-a, subdivisions one and two of section two hundred ten, section two\nhundred eleven, two hundred thirteen and two hundred fourteen, shall be\ninapplicable to any government (other than the state or a state public\nauthority) which, acting through its legislative body, has adopted by\nlocal law, ordinance or resolution, its own provisions and procedures\nwhich have been submitted to the board by such government and as to\nwhich there is in effect a determination by the board that such\nprovisions and procedures and the continuing implementation thereof are\nsubstantially equivalent to the provisions and procedures set forth in\nthis article with respect to the state.\n 2. With respect to the city of New York, such provisions and\nprocedures need not be related to the end of its fiscal year; and with\nrespect to provisions and procedures adopted by local law by the city of\nNew York no such submission to or determination by the board shall be\nrequired, but such provisions and procedures shall be of full force and\neffect unless and until such provisions and procedures, or the\ncontinuing implementation thereof, are found by a court of competent\njurisdiction, in an action brought by the board in the county of New\nYork for a declaratory judgment, not to be substantially equivalent to\nthe provisions and procedures set forth in this article.\n 3. Notwithstanding any other provision of law to the contrary, the\nresolution of disputes in the course of collective negotiations as\nprovided by section two hundred nine of this article shall apply to any\norganized fire department, police force, or police department of any\ngovernment and detective-investigators, or rackets investigators\nemployed in the office of a district attorney of a county subject to\neither subdivision one or two of this section. Provided, however, that a\nrecognized or certified employee organization may elect to continue\ndispute resolution procedures which existed on the day prior to the\neffective date of this subdivision by notifying the appropriate public\nemployment relations board in writing.\n