Statute
Local Finance Law §160.05
* § 160.05. Financial restructuring board for local governments. 1.
There shall be a financial restructuring board for local governments
which shall consist of ten members: the director of the budget who shall
be chair of the board, the attorney general, the state comptroller, and
the secretary of state, each of whom may designate a representative to
attend sessions of the board on his or her behalf, and six members
appointed by the governor, one of whom upon the recommendation of the
temporary president of the senate, one of whom upon the recommendation
of the speaker of the assembly, and four other members appointed by the
governor, one of whom shall have significant experience in municipal
financial and restructuring matters. In making such appointments, the
governor shall consider regional diversity. Appointees shall serve at
the pleasure of his or her appointing authority. The appointee of the
governor who has been designated as having significant experience in
municipal financial and restructuring matters shall receive fair
compensation for his or her services performed pursuant to this section
in an amount to be determined by the director of the budget and all
members shall be reimbursed for all reasonable expenses actually and
necessarily incurred by him or her in the performance of his or her
duties. The board shall have the power to act by an affirmative vote of
a majority of the total number of members and shall render its findings
and recommendations within six months of being requested to act by a
fiscally eligible municipality. The provisions of section seventeen of
the public officers law shall apply to members of the board. No member
of the board shall be held liable for the performance of any function or
duty authorized by this section. The work of the board shall be
conducted with such staff as the director of the budget, the secretary
of state, the attorney general and the state comptroller shall make
available. All proceedings, meetings and hearings conducted by the board
shall be held in the city of Albany.
2. A "fiscally eligible municipality" shall mean any county, city,
excluding a city with a population greater than one million, town, or
village that the board, on a case by case basis, determines would
benefit from the services and assistance which the board has legal
authority to offer. In evaluating whether a municipality is a fiscally
eligible municipality, the board shall consider the average full value
property tax rate of such public employer and the average fund balance
percentage of such public employer and such other criteria as the board
deems relevant. For purposes of this section, "full value property tax
rate" shall mean the amount to be raised by tax on real estate by a
local government in a given fiscal year divided by the full valuation of
taxable real estate for that same fiscal year as reported to the office
of the state comptroller; "average full value property tax rate" shall
mean the sum of the full value property tax rates for the five most
recent fiscal years divided by five; "fund balance percentage" shall
mean the total fund balance in the general fund of a local government in
a given fiscal year divided by the total expenditures from the general
fund for that same fiscal year as reported to the office of the state
comptroller; and "average fund balance percentage" shall mean the sum of
the fund balance percentages for the five most recently completed fiscal
years divided by five.
(a) If the average full value property tax rate of such municipality
is greater than the average full value property tax rate of seventy-five
percent of counties, cities, towns, and villages, with local fiscal
years ending in the same calendar year as of the most recently available
information, the board must find that such municipality is a fiscally
eligible municipality. The office of the state comptroller shall make
publicly available the list of counties, cities, towns, and villages
that have an average full value property tax rate that meets such
criteria in each local fiscal year. If a municipality has not reported
to the office of the state comptroller the information necessary to
calculate its average full value property tax rate, such municipality
may not be deemed a fiscally eligible municipality and the provisions of
this section shall not apply.
(b) If the average fund balance percentage of such municipality is
less than five percent, the board must find that such municipality is a
fiscally eligible municipality. The office of the state comptroller
shall make publicly available the list of counties, cities, towns, and
villages that have an average fund balance percentage that meets such
criteria in each local fiscal year. If a municipality has not reported
to the office of the state comptroller the information necessary to
calculate its average fund balance percentage, such municipality may not
be deemed a fiscally eligible municipality and the provisions of this
section shall not apply.
3. (a) Upon the request of a fiscally eligible municipality, by
resolution of the governing body of such municipality with the
concurrence of the chief executive of such municipality, the financial
restructuring board for local governments may undertake a comprehensive
review of the operations, finances, management practices, economic base
and any other factors that in its sole discretion it deems relevant to
be able to make findings and recommendations on reforming and
restructuring the operations of the fiscally eligible municipality. As
part of such recommendations, the board may propose that such
municipality agree to fiscal accountability measures, as determined by
the board, including, but not limited to, multi-year financial planning.
It may also identify cost-saving measures, recommend consolidation of
functions or agencies within such municipality or between such
municipality and other municipalities, consistent with existing law,
identify and make available, to the extent otherwise permitted by law,
grants and loans on such terms and conditions as it deems appropriate,
and make such other recommendations as the board may deem just and
proper but in no event shall the sum of all awards made by the board to
a single fiscally eligible municipality be greater than five million
dollars. If such award is a loan, it may not be for a term longer than
ten years. In the event a grant or loan is made, the board may condition
such award on the fiscally eligible municipality submitting a report or
reports on such actions taken by the fiscally eligible municipality
pursuant to the board's recommendations, and the board shall require
that the eligible municipality must adopt and implement all the board's
recommendations as a condition to receiving an award or awards. Before
making final recommendations, the board shall consult with the fiscally
eligible municipality. Such recommendations shall not be final and
binding on a fiscally eligible municipality unless it formally agrees to
abide by and implement such recommendations in which event such
recommendations and the terms provided thereunder shall be final and
binding on such municipality.
b) Notwithstanding paragraph t of subdivision ten of section
fifty-four of the state finance law and irrespective of whether there
has been a determination or finding of fiscal eligibility under this
section, upon the request of any county, city, excluding a city with a
population of greater than one million, town, or village which (1) has
elected to engage in multi-year planning with the assistance of an
external financial advisor, and (2) has been identified as experiencing
fiscal stress, the financial restructuring board for local governments
may determine that all or part of the cost to the county, city, town, or
village for such external advisor shall be subject to reimbursement from
monies appropriated to such board for the making of grants and loans.
4. The board may hold hearings and shall have authority to require the
production of any information that it deems necessary to undertake its
comprehensive review. The board shall post on a publicly available
website all recommendations and findings made pursuant to this section.
5. The board shall also be authorized to resolve an impasse pursuant
to subdivision four-a of section two hundred nine of the civil service
law.
* NB Effective September 22, 2013
Civil Service Law §209 (4-a)
* 4-a. (a) Notwithstanding anything in subdivision four of this
section to the contrary, a public employer that is a fiscally eligible
municipality, as defined in section 160.05 of the local finance law, and
is otherwise subject to subdivision four of this section, upon
resolution of its governing body with the concurrence of its chief
executive officer, and a public employee organization subject to
subdivision four of this section may, jointly, stipulate and agree that
an impasse exists, at any time, with respect to collective negotiations
between the parties for a collective bargaining agreement and, in lieu
of commencing a proceeding under subdivision four of this section, may
jointly request that the financial restructuring board for local
governments, established in section 160.05 of the local finance law,
resolve such impasse. A joint request pursuant to this subdivision shall
be irrevocable.
(b) The financial restructuring board for local governments shall
render a just and reasonable determination of the matters in dispute by
an affirmative vote of a majority of the total number of its members. In
arriving at such determination, it shall specify the basis for its
findings, taking into consideration, in addition to any other relevant
factors, those factors set forth in subdivision six of this section. In
all matters regarding public disclosure of its proceedings and findings,
it shall be treated the same as the panel convened pursuant to
subdivision four of this section. It shall render a determination within
six months of being formally requested by the parties to convene.
(c) Each party before the financial restructuring board for local
governments may be heard either in person, by counsel, or by other
representatives, as they may respectively designate and may present,
either orally or in writing, or both, statements of fact, supporting
witnesses and other evidence, and argument of their respective positions
with respect to each case. The board shall have authority to require the
production of additional evidence, either oral or written, as it may
desire from the parties. All proceedings, meetings and hearings
conducted by the board shall be held in the city of Albany.
(d) The determination of the financial restructuring board for local
governments with respect to the conditions of employment presented to it
pursuant to this section shall be final and binding upon the parties for
the period prescribed by such board, but in no event shall such period
exceed four years from the termination date of any previous collective
bargaining agreement or if there is no previous collective bargaining
agreement then for a period not to exceed four years from the date of
determination by the board. Such determination shall not be subject to
the approval of any local legislative body or other municipal authority,
and shall only be subject to review by a court of competent jurisdiction
in the manner prescribed by law.
* NB Effective September 22, 2013