39-a. Mediation. 1. Where, pursuant to paragraph (a) of subdivision three of section thirty-nine of this article, the chief administrator of the courts determines that a political subdivision has ceased or failed during a state fiscal year to provide goods, services and facilities of a specified value, he or she may not notify the state comptroller of his or her determination in accordance with such paragraph unless the chief executive officer of the affected political subdivision is first notified thereof and provided a period of thirty days in which to request mediation in accordance with subdivisions three and four of this section. Where mediation is so requested, the chief administrator may only notify the state comptroller of his or her determination, pursuant to paragraph (a) of subdivision three of section thirty-nine of this article, under the circumstances set forth in subdivision four of this section.
2. In the event that the court facilities capital review board determines not to approve an assessment and plan submitted by the chief executive officer of a political subdivision pursuant to section sixteen hundred eighty-c of the public authorities law, or the board fails to act upon such assessment and plan within sixty days of submission thereof to the board and the chief administrator disapproves the assessment and plan, the chief administrator shall consult with such chief executive officer in an effort to resolve any matters in dispute, and shall, if the chief executive officer so requests, request mediation in accordance with subdivisions three and four of this section.
3. Mediation shall consist of expedited proceedings to effectuate the voluntary resolution of any dispute between the court facilities capital review board and a political subdivision concerning approval of a capital plan pursuant to section sixteen hundred eighty-c of the public authorities law or the chief administrator's determination pursuant to paragraph (a) of subdivision three of section thirty-nine of this article. The mediator shall be appointed by agreement of the chief administrator and the chief executive officer of the affected political subdivision from a list of mediators submitted by the American Arbitration Association.
4. In mediating the dispute, the mediator shall take into consideration, in addition to any other relevant factors, the political subdivision's legal obligation under section thirty-nine of this article to provide goods, services and facilities suitable and sufficient for the transaction of business, and the financial ability of the political subdivision to pay for the goods, services and facilities in light of the totality of its needs and the resources available. In the event the chief administrator and the chief executive officer of the political subdivision fail to achieve agreement within ninety days after commencement of the mediation, or such longer period as they may agree upon, the chief administrator may notify the state comptroller as provided in paragraph (a) of subdivision three of section thirty-nine of this article provided:
(a) mediation was requested pursuant to subdivision one of this section, or
(b) mediation was requested pursuant to subdivision two of this section and at least twenty-four months have elapsed since the effective date of this section.
Last modified: February 3, 2019