Research Department

 

 

 

TO: Executive Board Members and Statewide Labor Management Chairs

FROM: Thomas Cetrino, Martin O’Connor, Susan Mitnick, Stephen Connolly, Michael Marinello, Amy Sisson

DATE: January 14, 2000

RE: Executive Budget SFY 2000-01 – Summary of Major Provisions

 

STATE WORKFORCE IMPACT

There will be 1,700 positions added to the State workforce by the end of the SFY 1999-00 (March 31, 2000) to bring the State workforce up to 194,400 employees. This is about 3,000 more employees than the Governor proposed in his original SFY 1999-00 budget. The State has not provided a breakout as to which State agencies will gain these positions. The Division of the Budget has informed us, however, that the agencies with the largest gains will be the Department of Correctional Services (DOCS), the Office of Mental Health (OMH), and the Office of Mental Retardation and Developmental Disabilities (OMRDD). Statewide Labor Management Chairs should contact their agencies and ask them how many positions the Division of Budget (DOB) has authorized them to fill by March 31, 2000 and the titles of those positions. We would appreciate it if you would forward that information to the Research Department.

Appendix A was provided to PEF by GOER and reflects projected workforce changes in SFY 2000-01. In SFY 2000-01 another 2,930 positions will be filled by the end of the fiscal year but they will be offset by a loss of 1,110 positions through attrition, the abolition of 100 positions, and an Office of Technology (OFT) offset of 200 positions for a net gain of 1520 positions. The OFT offset is necessary because some employees who will transfer to OFT are also counted in their agency position counts.

The State expects the workforce to reach 195,900 employees by March 31, 2001. No layoffs are anticipated under the proposed budget. The newly created Department of Justice (DOJ) will have a net gain of 604 employees, the largest of all agencies, primarily due to the opening of a new prison in Seneca County in September 2000. Overall, DOJ gains 885 new positions, which are offset by the abolition of 100 positions and the attrition of 181 positions. Most of the lost positions in DOJ will be administrative, grant management, and management information system positions which the Executive believes can be eliminated due to the efficiencies gained through the consolidation of eight criminal justice agencies.

OMRDD will gain 694 new positions offset by the loss of 248 positions through attrition for a net gain of 446 employees. OMH will gain 452 new positions offset by the loss of 248 positions through attrition for a net gain of 320 positions. The Department of Tax and Finance will lose 118 positions through attrition offset by a gain of 10 new positions for a net loss of 118 positions.

Attachment B shows a net increase of 790 ASAFL positions in the State workforce from SFY99-00 to the end of SFY2000-01. The large difference between the net gain of 1,500 positions as claimed by the State in Attachment A and the net gain of 790 ASAFL positions inferred by the Research Department in Attachment B may be due to the timing of position additions. It is important to remember that if the State targets a gain of 1,520 positions but does not fill them until later in the fiscal year, a smaller number of ASAFL position increases will be indicated. We are particularly concerned that while the State claims OMH will gain 320 positions by March 31, 2001, the Executive Budget shows a decrease of 33 ASAFL positions. This indicates that most of the new positions would probably be added in March 2001. We have requested additional information from OMH on this issue.

It is important to remember that the ASAFL is a "theoretical" number that states the total average annual salaried positions for which an agency is budgeted. For example, if the Department of Correctional Services (DOCS) were to add 800 positions on October 1, 2000, that would only require an increase of 400 ASAFL positions because the State is only filling the 800 positions for half of the fiscal year. While the two sets of numbers concerning the elimination of or increase in State employee positions are not comparable, the recommended budget fill levels do give an indication of where positions may be eliminated or added in an agency. When this memo and the agency program details refer to ASAFLs or recommended budget fill levels, they should be interpreted with this caveat in mind when discussing the elimination or addition of positions.

It is also important to note that GOER has informed PEF that the Governor will introduce legislation to extend the current early retirement incentive program which will expire on March 31, 2000. No changes will be proposed to these programs. Since the State does not plan any layoffs and plans to eliminate relatively few positions, they anticipate opening few windows in 2000 for the early retirement program. They are likely to open a window for employees in certain targeted titles in the eight criminal justice agencies to be consolidated into the new Department of Justice.

In addition to this memo, we are forwarding to the respective Executive Board members and Statewide Labor Management Chairs our department’s line by line analysis of the Program Details–State Operations portion of the budget for the thirteen State agencies with the most significant changes in their budgets. Next week we will distribute any revised drafts of the major agency summaries sent this week as well as State Operations summaries for all other agencies. We have also included on PEF’s website a complete copy of Executive Budget Appendix I and all State budget legislation. This includes the Article VII bills which we obtained from the Division of Budget’s website; however, it is important to note that these Article VII bills have not yet been introduced in the Legislature and are therefore subject to change. Executive Board members and Statewide Labor Management Chairs who do not have a computer to access PEF’s web site and who want a copy of their agency’s budget should call the Research Department at 1-800-342-4306 ext. 280 and request that we mail you a copy.

AGENCY CONSOLIDATIONS

The Executive Budget proposes three major agency consolidations:

  1. The consolidation of the Department of Correctional Services (DOCS), Division of Parole (DOP), Division of Probation and Correctional Alternatives (DPCA), Division of Criminal Justice Services (DCJS), Division of State Police (DSP), Crime Victims Board (CVB), Office for the Prevention of Domestic Violence (OPDV), and State Commission of Correction (COC) into a new Department of Justice (DOJ). The Governor believes the benefits of this consolidation include the centralization of criminal justice technology, a "one stop shop" for local criminal justice officials for grant management and technical assistance, and the elimination of "redundant administrative services." Over 200 administrative, grants management, and management information system positions will be eliminated in the consolidated agencies.
  2. DOCS and DSP will become their own separate Divisions within the new Department and COC will remain a separate entity within DOJ. The other agencies, as well as units within DOCS and DSP, will be consolidated into three Divisions and one Bureau: the Division of Community Supervision, which appears to contain most of DOP and DPCA, the Division of Local Assistance, the Division of Technology and Information Systems, and the Bureau of Administrative Services. The staff of the Bureau will formulate and oversee DOJ policy and provide operational support to the other Divisions within DOJ.

    It should be noted that Governor Cuomo proposed a similar consolidation that was rejected by the Legislature. Senator Volker, who has a great deal of influence on how criminal justice issues are handled in the State Senate, has stated that while the Senate will look at this proposal, they have rejected it in the past and have questions about it.

    More details on this consolidation are contained in the agency specific summary at the end of this memo and the DOJ State Operations budget analysis, which will be provided to all Executive Board members and Statewide Labor Management Chairs in the affected agencies.

  3. The consolidation of the State Museum, State Library, and State Archives into a new Office of Cultural Resources (OCR) within the Council of the Arts. The Executive Budget proposes that this consolidation occur in October 2000. Funds for OCR’s operations and grant programs will be transferred from the State Education Department’s Cultural Education Program and Office of Management Services. The Executive Budget states that OCR will have a staff of approximately 465 employees and that no staff reductions are anticipated. The consolidation seems to be motivated by making these cultural entities directly accountable to the Governor rather than the Board of Regents, who are appointed by the Legislature and not the Governor. Its prospects for passage are unclear.
  4. The consolidation of nineteen data centers serving seventeen state agencies into a single operation directed by the Office of Technology is not a new initiative but it will be implemented during SFY 2000-01. OFT will have a staff of 458 employees, most of whom will transfer from other State agencies. 436 positions will be supported by a $93.2 million Internal Service Fund consisting of funds deposited by the State agencies receiving services from the consolidated data center. This fund will also pay for the cost of upgrading and operating the center’s computers. OFT will also oversee the operation of the Human Services Application Service Center that is developing the new Welfare Management System. It does not appear that it is currently contemplated that HSASC employees who are from the Office of Temporary and Disability Assistance (OTDA), the Department of Labor (DOL), the Office of Children and Family Services (OCFS), and the Department of Health (DOH) will be transferred to OFT in SFY 2000-01 as was originally planned. It appears that the State is having problems getting approval from the federal government to use its money to fund the cost of OFT employees.

GOER has promised PEF a briefing in the near future on the timetable for transferring employees from other State agencies to OFT to work in the consolidated data center operation.

FISCAL BACKGROUND INFORMATION

The Executive Budget forecasts a $625 million surplus for SFY99-00 and only uses $32 million in non-recurring revenues (one-shots). This surplus is largely due to increased State tax revenues from the record profits generated by Wall Street and $251 million in net lower estimated revenues. The Assembly has stated that they believe the SFY99-00 surplus will be significantly larger than the $625 million projected by the Governor. The State’s Financial Plan forecasts "…a moderate slowdown in New York economic growth for 2000." The Financial Plan also forecasts a 8.5% increase in cash receipts for All Governmental Funds from $72.620 billion in SFY99-00 to $78.815 billion in SFY2000-01.

Table 1

PROJECTED BUDGET GAPS FOR SFYs 2001-02 AND 2002-03

($ in millions)

 

2000-01 2001-02

Receipts 39,452 39,928

Disbursements (40,265) (42,063)

Use of 2000-01 Tax Reduction Reserve 92 208

Reserve for Collective Bargaining (505) (715)

Remaining Gap (1,226) (2,642)

2001-02 Gap if 2000-01 Gap is Closed

With Recurring Actions (1,416)

The State still faces structural budget gaps of between $1.226 billion in SFY2001-02 and between $2.642 billion in SFY2002-03. This is largely due to the back loading of the STAR Property Tax Relief program and other tax cuts. In SFY 2000-01, already enacted tax cuts will reduce State revenues by $11.7 billion. The annual cost of the already enacted tax cuts increases to $13.4 billion in SFY2001-02 and to $14.1 billion in SFY2002-03. This does not include the $700 million in new tax cuts that the Governor has proposed in the SFY 2000-01 budget. This $700 million dollar cost will occur when all the proposed new tax cuts are fully implemented. The largest of these tax cuts is the proposed elimination of all gross receipts taxes on energy, which will cost $500 million when fully implemented.

It is important to note that these budget gaps are based on economic forecasts of moderate growth in the next two fiscal years. They will be significantly larger if the State experiences a sharper slowdown in the State economy that the Executive Budget forecasts. It is also important to note that last year’s Executive Budget forecasted at least a $1.113 billion structural deficit for SFY 2000-01 and a $2.076 billion structural deficit for SFY 2001-02, and that those structural deficits are now significantly lower.

The State currently has reserves of $2.9 billion, not counting the estimated $625 million surplus for SFY99-00 including:

These reserves do not count the $302 million the State has received in tobacco settlement funds, which will be spent in SFY2000-01 along with another $366 million in tobacco settlement funds

The Governor proposes not to use SFY98-99’s $625 million surplus in this fiscal year and will put all of it in reserves to bring the total reserves of the State to $3.6 billion. $300 million of the $635 million SFY99-000 surplus would be put into a new tax reduction reserve fund to fully fund the SFY 2001-02 and SFY 2002-03 cost of his new proposed tax cuts. An additional $250 million would be put into the Debt Reduction Reserve Fund (DRRF) which would be supplemented with $250 million in one-time revenues from the State’s tobacco settlement funds. This would bring the DRRF to a total of $750 million. $500 million of this money would be used in SFY 2000-01 to reduce State debt. The remaining $250 million is proposed to be used to reduce State debt in SFY 2001-02. The remaining $75 million of the SFY 1999-00 surplus would be put into the "Tax Stabilization Reserve Fund," which would increase to a total of $548 million. In addition, $425 million will be added to the remaining $50 million in collective bargaining reserves to bring this reserve fund up to $475 million. After all these proposed actions the State, according to the Executive Budget, would have approximately $2.9 billion in reserve at the end of SFY 2000-01.

COLLECTIVE BARGAINING RESERVES

The Executive Budget proposes to put in a General Fund reserve a total of $475 million in SFY 2000-01, $505 million in SFY2001-02, and $715 million in SFY 2002-03 for collective bargaining agreements. The State has informed PEF that these reserves would fund a "UUP type agreement" and represents the funds that will be needed to meet salary expenses currently not budgeted for in the Executive Budget. The State has not told PEF how it arrived at these figures except that they are based on the UUP settlement (i.e. 3% raises implemented half-way through the year).

APPROPRIATIONS AND CASH SPENDING IN SFY 2000-01

The Governor’s budget address refers to the SFY 2000-01 Executive Budget as a $76.8 billion all funds budget, a $4 billion or 5.5% increase over last year’s estimated $72.8 billion all funds budget. The Executive Budget proposes increases in General Fund (i.e. State income not earmarked for a particular program or activity) spending by $777 million, or 2.3%, to $37.9 billion. However, these figures only reflect the cash spending proposed for SFY 2000-01 budget. The total recommended appropriations for all funds in the proposed SFY 2000-01 budget equal $121.838 billion; a $6.742 billion or 5.85% increase over the SFY99-00 all funds appropriations.

State Operations all funds cash spending for SFY2000-01 would be increased by approximately $435 million, or 6.5%, from estimated SFY99-00 all funds cash spending. This reflects the annualized costs of the UUP collective bargaining agreement, the loss of federal funds that offset General Fund spending in criminal justice programs, the costs of staffing a new State prison, and growth in the Judiciary budget. It also reflects "a $61 million reduction in one-time receipts from the State University that offset General Fund spending in SFY99-00." It appears that this means that the State has forgiven the SUNY hospitals $61 million in revenues they were expected to give to the State. SFY98-99 all funds cash spending for Local Assistance is decreased by approximately $ 87 million, or 0.4%, from SFY98-99 all funds spending.

 

SUMMARY OF EXECTIVE BUDGET PROPOSALS FOR MAJOR STATE AGENCIES

GENERAL GOVERNMENT (S6402/A9502)

Department of Tax and Finance

The Executive Budget recommends the reduction of 128 positions through attrition and the addition of 10 new positions for a net loss of 118 positions. The Executive Budget also:

Office for Technology

The Executive Budget recommends:

 

TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION (S6403/A9503)

Department of Environmental Conservation

The Executive Budget proposes:

Department of Transportation

The Executive Budget proposes:

Department of Economic Development

The Executive Budget proposes:

 

PUBLIC PROTECTION, HEALTH AND MENTAL HYGIENE (S6404/A9504)

Department of Justice

The Executive Budget recommends the addition of 885 positions offset by the attrition of 181 positions and the addition of 100 positions for a net gain of 604 positions. The ASAFL for DOJ will only increase by 178. The FTE workforce will be 41,116 positions or 40,804 ASAFLs at the end of SFY2000-01. The Executive Budget also recommends (analysis as of January 13, 2000):

Office of Mental Health

The Executive Budget recommends the addition of 452 positions offset by the attrition of 132 positions for a net gain of 320 positions. The estimated FTE workforce will 18,440 positions on March 31, 2001. The Executive Budget also recommends:

This means that an employee can be reassigned within each regional grouping. In the past, PEF has opposed giving the Commission a broader statewide appointing authority.

Office of Mental Retardation and Developmental Disabilities

The Executive Budget recommends the addition of 694 positions offset by the attrition of 248 positions for a net gain of 446 positions. The FTE workforce will be 22,188 positions. The Executive Budget also recommends:

Department of Health

The Executive Budget recommends:

 

EDUCATION, LABOR AND FAMILY ASSISTANCE (S6405/A9505)

Department of Family Assistance

Office of Temporary & Disability Assistance

The Executive Budget recommends:

Department of Family Assistance

Office of Children and Family Services

The Executive Budget recommends:

Education Department

The Executive Budget recommends:

Council on the Arts

The Executive Budget recommends:

State University of New York

The Executive Budget recommends:

 

FINAL OBSERVATIONS

The proposed Executive Budget has an excellent chance of being adopted on time. The disputes over Medicaid funding that delayed adoption of last year’s budget have already been settled through the adoption of legislation that funds hospitals and health care. The Legislature has already indicated that it will add to the $355 million increase the Governor has proposed for local school aid. The Senate Majority has also indicated it would like to increase funding for the EPIC Program, which provides prescription drugs to senior citizens, and implement additional tax cuts. Many of these needs can probably be accommodated because the end of SFY1999-00 surplus is likely to be significantly larger than the $625 million surplus the Executive Budget forecasts. PEF is particularly concerned about the proposed consolidation of eight criminal justice agencies into the Department of Justice and the loss of 200 positions that will result from this consolidation. PEF is also concerned about the failure to restore 150 shared services staff in OMH and the proposed movement of 465 SED employees to the new Office of Cultural Resources.

We will keep you informed as we get more details about the Executive Budget. It is important that all Labor-Management Chairs schedule meetings with their agency management as soon as possible to get more budget details. Please call the Research Department if you have any questions about or have further information to add to our budget analysis.