Title 4 Part 203

An original and four copies of an application may be filed by a local government which, acting through its legislative body, has adopted or amended by local law, ordinance or resolution its own provisions and procedures, for a determination by the board that such provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and these rules. Applications under this section shall be in writing and signed. Should the chairperson authorize electronic filing of applications, the filing of a paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained. Application forms will be supplied by the board upon request, and will be available on the agency’s website. Such an application may be filed at any time after the applicant has given public notice of its intention to so file, and may be withdrawn by the applicant at any time before disposition of it by the board and after giving public notice of such withdrawal. Such public notice shall be by posting in a conspicuous place at suitable offices of the applicant for not less than five working days, and inclusion in a public advertisement in a newspaper of general circulation in the area of the applicant for not less than one day.

An application for determination that local provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and these rules shall contain the following:

Any objections to the granting of the application may be filed and served in the same manner as the application by any person or employee organization within 15 working days after receipt by the board of the application; provided, however, that the board may excuse the late filing of objections because of extraordinary circumstances.

After receipt of a report and recommendations from its agent and of the record of any hearing which may have been held, or upon the completion of its own investigation, and upon such exceptions as may have been filed pursuant to Part 213 of this Title, the board shall decide the issues and make such disposition of the matter as it deems appropriate.

Upon approval of the provisions and procedures established by a local government under section 212 of the act, the local agency shall perform the duties set forth in the local equivalent of sections 209 and 210.3 of the act. Within 45 days from the date of such approval, the local agency must adopt rules of procedure substantially equivalent to Part 201 of this Title. Within such 45 days, it must also adopt rules of procedure substantially equivalent to Part 206 of this Chapter which shall be applicable if no proceeding is instituted under section 751.2 of the Judiciary Law to punish an employee organization which violates section 210.1 of the act.

A petition to review the question of whether provisions and procedures of a local government are being implemented in a manner substantially equivalent to the provisions and procedures set forth in the act and this Chapter (hereinafter called a petition for review) may be filed by any person. Petitions under this section shall be in writing and signed. An original and four copies of the petition shall be filed with the board. Should the chairperson authorize electronic filing of such petitions, the filing of a signed paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained. Petition forms will be supplied by the board upon request and will be available on the agency’s website. The petition may be withdrawn only with the consent of the board. Whenever the board approves withdrawal of any petition, the case shall be closed.

A petition for review may be filed within 60 days after the act or inaction complained of occurred or failed to occur.

A petition for review shall contain the following:

Upon the filing of a petition under this section, notice thereof, including the date when such petition was filed and the name and address of petitioner and the local government involved, shall be posted by an agent of the board on the public docket maintained by the board at its principal office.

After receipt of a report and recommendations from its agent and of the record of proceedings of any hearing which may have been held, or upon the completion of its own investigation, and upon such exceptions as may have been filed pursuant to Part 213 of this Title, the board shall decide the issues and make such disposition of the matter as it deems appropriate.