Request Binding Arbitration – Municipality/Public Employer

[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.

Civil Service Law §209 (4-a) (a)

Please note that this form is only to be completed by authorized local government officials after their governing boards have adopted a resolution requesting binding arbitration with the concurrence of the municipality’s chief executive and the public employee organization. Each request must include a resolution and written documentation of the chief executive’s concurrence and the public employee organization’s concurrence to be considered. Complete submission by each of the municipality and the public employee organization is necessary to commence the process.

Fiscally Eligible Municipalities for Board Services and Assistance

A Fiscally Eligible Municipality is any county, city (except New York City), town, or village that the Board determines would benefit from its services and assistance.

A municipality that has an average full value property tax rate above a certain level or an average fund balance percentage below a certain level is automatically considered a Fiscally Eligible Municipality for Board services and assistance. A list of all municipalities (PDF), their average full value property tax rate as calculated by the State Comptroller, their average fund balance percentage as calculated by the State Comptroller, and whether they are automatically considered a Fiscally Eligible Municipality for Board services and assistance as of when the State Comptroller calculated this information is available.

If a municipality is not automatically considered a Fiscally Eligible Municipality for Board services and assistance but would like the Board to determine that it is one so that the Board can make a Binding Arbitration Determination for the municipality, the municipality should include documentation on why it should be considered a Fiscally Eligible Municipality for Board services and assistance as part of the form below.

No municipality can be deemed a Fiscally Eligible Municipality for Board services and assistance unless it has fully reported to the State Comptroller the information necessary to calculate its average full value property tax rate and its average fund balance percentage. A list of municipalities that had not reported this information (PDF) as of when the average full value property tax rates and the average fund balance percentages were calculated by the State Comptroller is available.

If a municipality subsequently reports the information necessary to calculate its average full value property tax rate and its average fund balance percentage to the State Comptroller and the State Comptroller confirms to the Board that it received such information, the Board could then consider if that municipality should be deemed a Fiscally Eligible Municipality for Board services and assistance, provided that such municipality submits additional information relevant to the Board rendering a decision.

Resolution

In order to request binding arbitration from the Board, the governing board of a municipality must adopt a resolution asking the Board to undertake such action. The resolution must be submitted along with written documentation of the support of the municipality’s chief executive. In addition, the public employee organization must also submit its written documentation supporting the request for a Binding Arbitration Determination. 

Binding Arbitration Request Form

(Information submitted may be subject to Freedom of Information Law (FOIL) provisions)

* = Required Field.