N.Y. Civil Service Law § 212: Local government procedures

§ 212. Local government procedures. 1. This article, except sections

two hundred one, two hundred two, two hundred three, two hundred four,

paragraph b of subdivision four and paragraph d of subdivision five of

section two hundred five, paragraph b of subdivision three of section

two hundred seven, section two hundred eight, section two hundred

nine-a, subdivisions one and two of section two hundred ten, section two

hundred eleven, two hundred thirteen and two hundred fourteen, shall be

inapplicable to any government (other than the state or a state public

authority) which, acting through its legislative body, has adopted by

local law, ordinance or resolution, its own provisions and procedures

which have been submitted to the board by such government and as to

which there is in effect a determination by the board that such

provisions and procedures and the continuing implementation thereof are

substantially equivalent to the provisions and procedures set forth in

this article with respect to the state.

2. With respect to the city of New York, such provisions and

procedures need not be related to the end of its fiscal year; and with

respect to provisions and procedures adopted by local law by the city of

New York no such submission to or determination by the board shall be

required, but such provisions and procedures shall be of full force and

effect unless and until such provisions and procedures, or the

continuing implementation thereof, are found by a court of competent

jurisdiction, in an action brought by the board in the county of New

York for a declaratory judgment, not to be substantially equivalent to

the provisions and procedures set forth in this article.

3. Notwithstanding any other provision of law to the contrary, the

resolution of disputes in the course of collective negotiations as

provided by section two hundred nine of this article shall apply to any

organized fire department, police force, or police department of any

government and detective-investigators, or rackets investigators

employed in the office of a district attorney of a county subject to

either subdivision one or two of this section. Provided, however, that a

recognized or certified employee organization may elect to continue

dispute resolution procedures which existed on the day prior to the

effective date of this subdivision by notifying the appropriate public

employment relations board in writing.