N.Y. Social Services Law § 20-c: Privatization

§ 20-c. Privatization. 1. (a) Except as otherwise specified in the

appropriation for system support and information services program in the

office of temporary disability assistance within the department of

family assistance, or as authorized by subdivision two-a of section

twenty-two of this article, the department shall not enter into any

contract with a private entity under which that entity would perform any

of the public assistance and care eligibility determination functions,

duties or obligations of the department as set forth in this chapter.

(b) Social services districts may enter into a contract or agreement

for the performance of functions, duties or obligations required to be

performed pursuant to this chapter, however, the collective bargaining

representative of employees who normally perform such functions or

provide such services for such social services district shall be

permitted the opportunity to competitively bid for any contract let

pursuant to this section with the overall cost and quality of the

proposal being major criteria in the selection.

2. No contract with a contractor for services pursuant to this section

shall be entered into by the office or district unless the office or

district contracting for such service has:

(a) Provided the certified collective bargaining organization

representing the permanent employees affected by the district's exercise

of its right to contract out with sixty days advance notice of its

intent to contract out for services pursuant to this section;

(b) Considered whether the proposed contract will result in actual

cost savings to the office; and

(c) Evaluated and made a favorable determination based upon a required

disclosure of information from the potential contractor regarding any

final actions relating to (a) the responsibility taken by any

contracting agency, law enforcement authority or the department of labor

against bidders, contractors or subcontractors and (b) debarments

pursuant to express statutory authorization.

3. A contract shall not be approved unless it contains a description

of the service quality expectations pursuant to the contract and a

description of the method by which the quality of services shall be

monitored and evaluated by the district based upon specific performance

measures contained in the contract. The proposed contract must include

specific provisions pertaining to the qualifications of the staff that

will perform the work under the contract. The proposed contract shall

contain specific information regarding the actual number of employees to

be retained, hours of work, wage rates and associated benefit levels,

titles, and job descriptions.

4. Existing rights. Nothing in this section shall be deemed to

diminish the rights, privileges, or remedies of any employee under any

other local law or under the applicable collective bargaining agreement.

5. The provisions of this section shall not impair, restrict or

otherwise modify applicable restrictions contained in federal law and

regulations promulgated thereto.