New York State - Executive - EXC - Article 24
ARTICLE 24 OFFICE OF EMPLOYEE RELATIONS
Section 650. Statement of policy.
651. Definition.
652. Office of employee relations; director.
653. Powers and duties.
654. Actions by other officers, departments, boards, commissions or agencies.
§ 650. Statement of policy. The legislature hereby reaffirms its policy to promote harmonious and cooperative relationships between the state and its employees to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of state government; and recognizes that furtherance of such policy requires creation in the executive department of an office of employee relations with staff and skills requisite to act as the governor's agent in conducting collective negotiations, to assure the proper implementation and administration of agreements reached pursuant to such negotiations, and to assist the governor and direct and coordinate the state's efforts with regard to the state's powers and duties under the public employees' fair employment act.
§ 651. Definition. For the purposes of this article, "director" shall mean the director of employee relations.
§ 652. Office of employee relations; director. There is hereby created an office of employee relations in the executive department. The head of the office of employee relations shall be the director of employee relations who shall be appointed by, and hold office at the pleasure of, the governor. He shall receive a salary to be fixed by the governor within the amount appropriated therefor. The director may appoint such deputies, assistants, consultants and other employees as may be needed for the performance of his duties and may prescribe their powers and duties and fix their compensation within the amount appropriated therefor. Such office may have an office seal.
§ 653. Powers and duties. The director shall assist the governor with regard to relations between the state and its employees. Such assistance may include acting as the governor's agent in discharging the powers and duties conferred on the governor by the public employees' fair employment act, as amended, including, without limitation, conducting collective negotiations with recognized or certified employee organizations and executing agreements reached pursuant thereto. The director shall have such other and further powers and duties as may from time to time be conferred upon him by law and as the governor may from time to time request. Nothing contained herein shall be interpreted to enlarge, diminish or otherwise change any power or duty of the governor or legislature under said act or otherwise.
§ 654. Actions by other officers, departments, boards, commissions or agencies. a. Notwithstanding any inconsistent provision of law, any state officer, department, board, commission or agency, shall, upon written request from the director, take such administrative or other action as is necessary to implement and administer the provisions of any binding agreement between the state and one or more employee organizations representing state employees pursuant to the public employees' fair employment act, as amended. Such action may include, without limitation, the adoption, repeal or amendment of rules, regulations or other procedures. Without prejudice to the rights of an employee organization under such agreement, the opinion of the attorney general shall be conclusive in resolving any disagreement between the director and any such officer, department, board, commission or agency regarding any legal question arising out of such a request, including, without limitation, whether the agreement is binding, whether compliance with the request is necessary to implement or administer the agreement and whether compliance with the request is legally possible.
b. All state officers, departments, boards, commissions and agencies are authorized and directed to provide such other and further assistance, services and data as may be necessary to allow the director properly to carry out his functions, powers and duties.
Section 650. Statement of policy.
651. Definition.
652. Office of employee relations; director.
653. Powers and duties.
654. Actions by other officers, departments, boards, commissions or agencies.
§ 650. Statement of policy. The legislature hereby reaffirms its policy to promote harmonious and cooperative relationships between the state and its employees to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of state government; and recognizes that furtherance of such policy requires creation in the executive department of an office of employee relations with staff and skills requisite to act as the governor's agent in conducting collective negotiations, to assure the proper implementation and administration of agreements reached pursuant to such negotiations, and to assist the governor and direct and coordinate the state's efforts with regard to the state's powers and duties under the public employees' fair employment act.
§ 651. Definition. For the purposes of this article, "director" shall mean the director of employee relations.
§ 652. Office of employee relations; director. There is hereby created an office of employee relations in the executive department. The head of the office of employee relations shall be the director of employee relations who shall be appointed by, and hold office at the pleasure of, the governor. He shall receive a salary to be fixed by the governor within the amount appropriated therefor. The director may appoint such deputies, assistants, consultants and other employees as may be needed for the performance of his duties and may prescribe their powers and duties and fix their compensation within the amount appropriated therefor. Such office may have an office seal.
§ 653. Powers and duties. The director shall assist the governor with regard to relations between the state and its employees. Such assistance may include acting as the governor's agent in discharging the powers and duties conferred on the governor by the public employees' fair employment act, as amended, including, without limitation, conducting collective negotiations with recognized or certified employee organizations and executing agreements reached pursuant thereto. The director shall have such other and further powers and duties as may from time to time be conferred upon him by law and as the governor may from time to time request. Nothing contained herein shall be interpreted to enlarge, diminish or otherwise change any power or duty of the governor or legislature under said act or otherwise.
§ 654. Actions by other officers, departments, boards, commissions or agencies. a. Notwithstanding any inconsistent provision of law, any state officer, department, board, commission or agency, shall, upon written request from the director, take such administrative or other action as is necessary to implement and administer the provisions of any binding agreement between the state and one or more employee organizations representing state employees pursuant to the public employees' fair employment act, as amended. Such action may include, without limitation, the adoption, repeal or amendment of rules, regulations or other procedures. Without prejudice to the rights of an employee organization under such agreement, the opinion of the attorney general shall be conclusive in resolving any disagreement between the director and any such officer, department, board, commission or agency regarding any legal question arising out of such a request, including, without limitation, whether the agreement is binding, whether compliance with the request is necessary to implement or administer the agreement and whether compliance with the request is legally possible.
b. All state officers, departments, boards, commissions and agencies are authorized and directed to provide such other and further assistance, services and data as may be necessary to allow the director properly to carry out his functions, powers and duties.