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June 30, 2006
Police, Fire Unions Get Key Bill Okays
Need Pataki's Approval
By REUVEN BLAU
With the legislative session in Albany wrapping up last week, city
police and fire unions furiously lobbied the State Legislature to
amend their terminal leave benefit to include a monetary payment
option, expand the Heart Bill to incorporate officers who have suffered
strokes, and amend the Taylor Law.
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| JAMES SLEVIN: Benefit never cashed in. |
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All those bills passed both the Assembly and the Senate last week
and will be sent to Governor Pataki before the end of the year.
Mr. Pataki has not indicated his position on the various measures.
Mayor Opposes All
The Bloomberg administration, however, has opposed the bills, arguing
that they will unnecessarily add to the city's already burgeoning
pension and labor costs.
"Whenever we pass a law, we've got to sit back and think:
how much is it going to cost?" Mayor Bloomberg said during
his weekly WABC radio show on June 23. "And given there's only
so many dollars that we are willing to send to the government through
taxes, what other things that we might want to do can we not do?"
The terminal leave bill appears to be the main piece of legislation
that the unions representing cops and firefighters were lobbying
for last week. The measure, which initially received a City Council
home-rule message, has been an issue the unions have been trying
to address via collective bargaining and through legislation for
years.
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MAYOR BLOOMBERG: Opposes penalty raises |
Under the current terminal leave benefit, officers who work for
20 years are entitled to an average of two months of the earned
time benefit, which essentially enables them to leave work for that
period before retiring while still being paid. "Terminal"
refers to the end of their careers.
But few cops and firefighters have actually been taking that time
off before they retire because they want to work as much overtime
as possible to increase their pensions, which are equal to 50 percent
of their earnings over their final year on the job.
'A Windfall to City'
"I think we are finally getting our point across to the Legislature
that this city is getting a windfall based on the fact that half
our members turned down their terminal leave time," said James
Slevin, the Uniformed Firefighters' Association vice president and
legislative chairman.
The city's law-enforcement unions backed a bill that will allow
the officers to take a monetary payment in lieu of terminal leave
time off.
Anthony Garvey, the president of the Lieutenants' Benevolent Association,
argued that the legislation will provide an incentive for veteran
officers to remain on the job. "It could actually be used as
a retention device," he remarked. "If you stay on the
job longer, you will accumulate greater terminal leave. It's a good
investment at a reasonable price to pay for experience."
Cost Disputed
But Mr. Slevin and some other labor leaders said they believed
the measure would eventually save the city money because the payout
will encourage more veteran firefighters to retire. Those firefighters,
Mr. Slevin noted, will retire at top pay and be replaced by firefighters
who are paid far less money. "It could actually generate savings
for the city," he contended.
The city, however, maintains that it will cost millions of dollars
next year alone.
As for the Taylor Law, the city's uniformed and civilian unions
backed legislation that automatically awards a 1-percent raise to
public employees if a municipality is proven to have purposely stalled
contract talks or bargained in bad faith. The measure, which passed
both houses, also grants the workers a 0.5-percent increase every
three months if the government continues to stall.
Mr. Bloomberg contended those changes could "bankrupt"
the city. "I don't think there's any question about that, that
the City would have no more negotiating power," he asserted
during his radio show. "This is an intolerable, unconscionable
piece of legislation. And hopefully Pataki will once again be the
savior of the public."
Bill to Cover Strokes
The police and firefighter unions are also supporting a measure
that will expand the Heart Bill to include officers who suffer strokes.
The current bill presumes that any cop or firefighter who develops
a heart condition incurred that ailment due to their stressful job
duties, unless proven otherwise. "Because of their work effort,
and involvement in serious and traumatic incidents on a regular
basis, it is undeniable that police officers and firefighters regularly
face a level of stress and hypertension that is far beyond the average
person in our society," a memo attached to the bill stated.
"We should now further adjust this presumption to properly
include the serious and related conditions of hypertension and stroke."
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| JOHN F. DRISCOLL: Death penalty no help. |
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According to the measure's fiscal note, the legislation will cost
the city approximately $375,000 in fiscal year 2006-07 and would
increase to $750,000 by FY 2011-12.
"It doesn't have a tremendous fiscal impact," Mr. Slevin
contended. "The medical evidence is there and it's the right
thing to do for firefighters and their families."
State Sen. Martin J. Golden, who sponsored the bill in the Senate,
acknowledged that it faces an uphill battle. "I think it's
a coup that we got it for Police and Fire in the first place,"
said the former cop. "People argue, 'How do you prove it's
job related?'''
The Patrolmen's Benevolent Association and the other police unions
last week also backed a measure to re-enact the death penalty for
criminals who kill lawenforcement officers. But that bill, which
was passed in the Senate last week, never came to a vote in the
Assembly.
Mr. Golden, however, said he would continue to support death penalty
legislation. "I think you have to take people who are evil
off the street," he remarked, noting that the state hasn't
executed a convicted murder since 1962.
Captains: No Deterrent
But John Driscoll, the president of the Captains' Endowment Association,
argued that reinstating the death penalty will not deter criminals.
"When a person is killing a cop, I don't think legislation
is going to stop it," he said, adding that it costs the state
millions to pay for attorneys to defend inmates on death row.
"It is a broken system," he contended. "It's just
such a long and expensive process."
Mr. Golden claimed that there was a direct correlation between
the recent increase in homicides throughout the state and the Court
of Appeals June 2004 ruling that the death penalty in New York is
unconstitutional. Regarding the Assembly's position on the issue
and several other law-enforcement friendly bills, he charged, "There
isn't a criminal they don't like."
Sisa Moyo, an Assembly spokeswoman, responded, "Desperate
people like Senator Golden say desperate things to get attention."
She pointed out that in January the Assembly passed comprehensive
legislation increasing penalties for sex offenders.

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