Legislation
OMCE Legislative Priorities for 2012
1. M/C Withheld Compensation Restoration
Propose providing through the budget process for the retroactive payment of all withheld M/C salary increases, performance advances, longevities or merit pay for the fiscal year of 2009-2010, and for the retroactive payment of all withheld FY 2010-2011 M/C salary increases, longevities or merit pay as provided under Chapter 10 of the Laws of 2008.
Barring full restoration, alternate proposals include:
Propose making M/C employees whole at retirement by calculating each employee’s final average salary (FAS) as if the salary increases, performance advances, longevities and merit pay was paid pursuant to Chapter 10 of the Laws of 2008.
Propose providing 2 years of retirement service credit for all those designated as management confidential employees (Executive Branch, OSC and Law Department) that were not paid salary increases, performance advances, longevities or merit pay for the fiscal year of 2009-2010 and 2010-2011, as provided under Chapter 10 of the Laws of 2008.
Propose defining/clarifying the power of the NYS Division of the Budget to withhold salary increases, performance advances, longevities or merit pay from those designated management/confidential by setting a standard that must be met before DOB can consider withholding, e.g., if revenue is 10% lower than the published projections for the fiscal year 1st quarter, then, any salary increases, performance advances, longevities or merit pay, may be suspended or temporarily withheld from all employees. When the revenues from this 1st quarter of the fiscal year are 90% or greater than the projections, then all salary increases, performance advances, longevities or merit pay will be fully restored retroactively.
2. M/C Salary Commission
Establish a commission on managerial and confidential state employees compensation to examine, evaluate and make recommendations re: adequate levels of compensation and non-salary benefits for state m/c employees. (Modeled on the Judicial Salary Commission).
3. Occupational Pay Differential
Amend the Civil Service Law to allow an individual designated management/confidential the right to individually seek financial redress through an expedited review and determination (180 days) for an Occupational Pay Differential (OPD) whenever the difference, in actual base salary, between the managerial/confidential supervisor and those supervised is greater than 5%. Such OPD payments will become a permanent part of the compensation of the managerial/confidential employee for the period of time they remain in that title. Any subsequent salary increases, performance advances, longevity or merit payments will not be lessened by the application of this OPD process. Any such OPD awards must be paid within 45 calendar days of the determination of the petition by the Division of Classification and Compensation.
4. Whistleblower
This legislation would amend Civil Service and Labor laws to expand the current Whistleblower protections in New York State outside of the traditional “matters of public concern” specifically addressing the hindrance of employees performing the good faith ethical practice of their specific statutory duties and their job responsibilities.
5. Interrogations and Interviews
Current practice is that unless subpoenaed, anything you say can and will be used against you. This legislation would provide certain protections to Management/Confidential employees in connection with an agency or IG investigation e.g. requiring notice of subject matter, use of information provided and right to counsel.