2023 New York Laws › SOS - Social Services › Article 2 - Department and State Board of Social Welfare › 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.