Threatens DC 37 Deal
Break on Residency Hits Council Snag

By REUVEN BLAU

A key provision in District Council 37's new contract allowing its members to live in six nearby state counties outside New York City may need to be amended before receiving approval by the City Council, which contends the measure is outside its jurisdiction.

JOSEPH ADDABBO: Some resistance in Council.

The legislation is currently the subject of intense behind-the-scenes negotiations, with several Council Members arguing that relaxing the residency requirement is either a matter for collective bargaining or should be handled by the State Legislature.

Parochial Concern

The Council also does not wish to limit job opportunities for workers in their districts, said Joseph P. Addabbo Jr., who heads the Civil Service and Labor Committee. Labor Commissioner James F. Hanley maintained the measure appeared to be moving forward. "It is our understanding that the City Council is on board with passing the legislation," he remarked last week. The bill would affect several other civilian unions that negotiated eased residency requirements this summer.

The Council must first review the measure before voting on the bill, but that hearing has not been scheduled yet. "It's like a stick hitting a hornet's nest," said one official familiar with the situation. "Many people believe it comes under state law and that the City Council doesn't need to be involved."

MAYOR BLOOMBERG: Key provision uncertain.

DC 37 Executive Director Lillian Roberts said through a spokeswoman that the union has met with several Council Members concerning the legislation. "We are feeling very optimistic about this," said Donna Silberberg. "We are looking forward to the hearings. The concerns will be addressed at the hearings."

Priced Out of Market

Ms. Roberts and Mayor Bloomberg highlighted changing the residency requirement at a press conference announcing the contract in July. They noted that the rule was signed into law in 1986 during the Koch administration, and was designed to add employment opportunities for local residents, bolster the city economy, and increase accountability for city workers.

Since that time, the union had argued, the cost of real estate has made it practically impossible for its members to purchase houses in the five boroughs. "I have plagued the Mayor to death about housing," Ms. Roberts said last summer.

One DC 37 official, who asked to remain anonymous, said, "The Mayor said he was going to be supportive; that should be enough to get it done."

The Council has in the past been called on to change the city's Administrative Code as part of a new union contract. In April, the Council approved legislation to switch the pay rate for cops transferring into the Fire Department so they would start at the rookie salary, regardless of seniority accrued in the NYPD. Previously, they carried over their NYPD salaries. The change was part of the contract deal reached between the city and the Uniformed Firefighters' Association.

A Tougher Lift

Mr. Addabbo noted that several Council Members weren't initially in favor of that switch, until they understood that it was a key component of the UFA's contract and that rejecting it would force the city to renegotiate that entire deal. But the residency measure as currently drafted may be different, he added. "That's raised some eyebrows," he remarked.

The Council may seek to amend the bill to include a provision giving added points to city residents, as the city already does for candidates who have passed Police Officer and Firefighter exams.

"It would help if our residents were given some type of credit," Mr. Addabbo said. "It becomes a little bit more acceptable."

Parity With Uniformed

DC 37 officials have noted that relaxing the residency rule will place civilian employees on the same footing as uniformed workers, who under the Public Officers' Law are permitted to live in Nassau, Suffolk, Westchester, Rockland, Orange, and Putnam counties.

The city's residency rules are different for every title. Exemptions from the rule have been made for 175 "hard-to-recruit" titles, including many high-tech and engineering positions.

Mr. Addabbo said he was aware of the ramifications if the bill founders. "If we don't approve this, it's possible the whole deal falls apart, and they have to go back to square one," he said, referring to the DC 37 contract. "That has to be a consideration."