§ 39-A — Mediation

§ 39-a. Mediation. 1. Where, pursuant to paragraph (a) of subdivision\nthree of section thirty-nine of this article, the chief administrator of\nthe courts determines that a political subdivision has ceased or failed\nduring a state fiscal year to provide goods, services and facilities of\na specified value, he or she may not notify the state comptroller of his\nor her determination in accordance with such paragraph unless the chief\nexecutive officer of the affected political subdivision is first\nnotified thereof and provided a period of thirty days in which to\nrequest mediation in accordance with subdivisions three and four of this\nsection. Where mediation is so requested, the chief administrator may\nonly notify the state comptroller of his or her determination, pursuant\nto paragraph (a) of subdivision three of section thirty-nine of this\narticle, under the circumstances set forth in subdivision four of this\nsection.\n 2. In the event that the court facilities capital review board\ndetermines not to approve an assessment and plan submitted by the chief\nexecutive officer of a political subdivision pursuant to section sixteen\nhundred eighty-c of the public authorities law, or the board fails to\nact upon such assessment and plan within sixty days of submission\nthereof to the board and the chief administrator disapproves the\nassessment and plan, the chief administrator shall consult with such\nchief executive officer in an effort to resolve any matters in dispute,\nand shall, if the chief executive officer so requests, request mediation\nin accordance with subdivisions three and four of this section.\n 3. Mediation shall consist of expedited proceedings to effectuate the\nvoluntary resolution of any dispute between the court facilities capital\nreview board and a political subdivision concerning approval of a\ncapital plan pursuant to section sixteen hundred eighty-c of the public\nauthorities law or the chief administrator's determination pursuant to\nparagraph (a) of subdivision three of section thirty-nine of this\narticle. The mediator shall be appointed by agreement of the chief\nadministrator and the chief executive officer of the affected political\nsubdivision from a list of mediators submitted by the American\nArbitration Association.\n 4. In mediating the dispute, the mediator shall take into\nconsideration, in addition to any other relevant factors, the political\nsubdivision's legal obligation under section thirty-nine of this article\nto provide goods, services and facilities suitable and sufficient for\nthe transaction of business, and the financial ability of the political\nsubdivision to pay for the goods, services and facilities in light of\nthe totality of its needs and the resources available. In the event the\nchief administrator and the chief executive officer of the political\nsubdivision fail to achieve agreement within ninety days after\ncommencement of the mediation, or such longer period as they may agree\nupon, the chief administrator may notify the state comptroller as\nprovided in paragraph (a) of subdivision three of section thirty-nine of\nthis article provided:\n (a) mediation was requested pursuant to subdivision one of this\nsection, or\n (b) mediation was requested pursuant to subdivision two of this\nsection and at least twenty-four months have elapsed since the effective\ndate of this section.\n