§ 20-C — Privatization

New York § 20-C

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 2: Department and State Board of Social Welfare

Text

§ 20-c. Privatization. 1. (a) Except as otherwise specified in the\nappropriation for system support and information services program in the\noffice of temporary disability assistance within the department of\nfamily assistance, or as authorized by subdivision two-a of section\ntwenty-two of this article, the department shall not enter into any\ncontract with a private entity under which that entity would perform any\nof the public assistance and care eligibility determination functions,\nduties or obligations of the department as set forth in this chapter.\n (b) Social services districts may enter into a contract or agreement\nfor the performance of functions, duties or obligations required to be\nperformed pursuant to this chapter, however, the collective bargaining\nrepresentative of employees who normally perform such functions or\nprovide such services for such social services district shall be\npermitted the opportunity to competitively bid for any contract let\npursuant to this section with the overall cost and quality of the\nproposal being major criteria in the selection.\n 2. No contract with a contractor for services pursuant to this section\nshall be entered into by the office or district unless the office or\ndistrict contracting for such service has:\n (a) Provided the certified collective bargaining organization\nrepresenting the permanent employees affected by the district's exercise\nof its right to contract out with sixty days advance notice of its\nintent to contract out for services pursuant to this section;\n (b) Considered whether the proposed contract will result in actual\ncost savings to the office; and\n (c) Evaluated and made a favorable determination based upon a required\ndisclosure of information from the potential contractor regarding any\nfinal actions relating to (a) the responsibility taken by any\ncontracting agency, law enforcement authority or the department of labor\nagainst bidders, contractors or subcontractors and (b) debarments\npursuant to express statutory authorization.\n 3. A contract shall not be approved unless it contains a description\nof the service quality expectations pursuant to the contract and a\ndescription of the method by which the quality of services shall be\nmonitored and evaluated by the district based upon specific performance\nmeasures contained in the contract. The proposed contract must include\nspecific provisions pertaining to the qualifications of the staff that\nwill perform the work under the contract. The proposed contract shall\ncontain specific information regarding the actual number of employees to\nbe retained, hours of work, wage rates and associated benefit levels,\ntitles, and job descriptions.\n 4. Existing rights. Nothing in this section shall be deemed to\ndiminish the rights, privileges, or remedies of any employee under any\nother local law or under the applicable collective bargaining agreement.\n 5. The provisions of this section shall not impair, restrict or\notherwise modify applicable restrictions contained in federal law and\nregulations promulgated thereto.\n