assembly Bill A40011

Signed by Governor

Authorizes term appointments without examination for certain information technology positions

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Sponsor

DESTITO

Co-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 18 / Nov / 2009
    • REFERRED TO WAYS AND MEANS
  • 18 / Nov / 2009
    • REPORTED REFERRED TO RULES
  • 18 / Nov / 2009
    • REPORTED
  • 18 / Nov / 2009
    • RULES REPORT CAL.686
  • 18 / Nov / 2009
    • ORDERED TO THIRD READING RULES CAL.686
  • 18 / Nov / 2009
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 18 / Nov / 2009
    • PASSED ASSEMBLY
  • 18 / Nov / 2009
    • DELIVERED TO SENATE
  • 18 / Nov / 2009
    • REFERRED TO RULES
  • 02 / Dec / 2009
    • SUBSTITUTED FOR S66011
  • 02 / Dec / 2009
    • 3RD READING CAL.9
  • 02 / Dec / 2009
    • PASSED SENATE
  • 02 / Dec / 2009
    • RETURNED TO ASSEMBLY
  • 02 / Dec / 2009
    • DELIVERED TO GOVERNOR
  • 04 / Dec / 2009
    • SIGNED CHAP.500

Summary

Authorizes term appointments without examination for certain positions requiring special expertise or qualifications in information technology.

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Bill Details

See Senate Version of this Bill:
S66011
Versions:
A40011
Legislative Cycle:
2009-2010
Law Section:
Civil Service Law
Laws Affected:
Add §66, Civ Serv L

Sponsor Memo

BILL NUMBER:A40011

TITLE OF BILL:

An act to amend the civil service law, in relation to authorizing term
appointments without examination for certain information technology
positions and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:

This bill would facilitate the in-sourcing of information technology
(IT) professionals by: (1) allowing for the creation of term
appointments of up to five years in IT positions; (2) permitting
placement of limitations on the certification of employees from
certain existing eligible lists, so that individuals could be selected
with certain knowledge, skills or certifications, following the
conduct of a skills inventory; and (3) imposing certain reporting
requirements on the Director of the Budget regarding the in-sourcing
of IT services.

SUMMARY OF PROVISIONS:

Section 1 of the bill would create a new Civil Service Law (CSL) § 66
to allow the Department of Civil Service (DCS) to authorize up to 500
term IT appointments, for up to sixty months each, that could be made
without examination, where an agency certifies that holding such an
examination is impractical because of the temporary nature of the
work, or because special expertise and qualifications are required.
Individuals hired pursuant to this process would be eligible to take
one promotional examination at a level commensurate with their skills
and responsibilities after two years of service. When IT positions
created by this section are abolished for reasons of economy,
consolidation or other delineated reasons, an agency must abolish term
appointments prior to permanent competitive class IT positions of
comparable skills and responsibilities.

Section 2 of the bill would allow DCS to limit certification of
eligibles from certain specified existing eligible lists to those
individuals who have knowledge, skills or certifications identified by
the appointing authority as necessary to perform the duties of the
position. Such limitations may be imposed only after a skill-set
inventory for persons on the relevant list is conducted.

Section 3 of the bill would require the Director of the Budget to
report on in-sourcing of IT positions, every six months, to the
Speaker of the Assembly, the Temporary President of the Senate and to
any employee organization certified to represent State IT employees.
The report would address (1) efforts to reduce the number of IT
consultants; (2) the number of IT employees hired by the State to
replace consultants; (3) an estimate of the savings achieved by
in-sourcing; and (4) suggestions on further improvements to the
process for hiring and promoting IT staff.

Section 4 of the bill would provide that it would be effective
immediately. Sections 1 and 3 would expire and be deemed repealed on


December 31, 2011. Section 2 would expire and be deemed repealed on
December 31, 2011 or upon the establishment of new eligible lists,
whichever is earlier.

EXISTING LAW:

Civil Service Law § 64(3) allows the State to make temporary
appointments, without examination, when the person appointed will
render professional, scientific, technical or other expert services
for a period not exceeding eighteen months, where the services to be
rendered and the temporary or occasional character of such services
make it impractical to hold an examination.

LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

The State has long relied on contractors to perform certain IT
services, although hiring outside consultants is often more costly
than using public employees. A number of explanations have been
proffered for this state of events: training of public employees is
insufficient; the civil service system does not provide adequate
flexibility to meet employer's rapidly changing IT needs; and long
term hires are not sufficiently targeted for short-term IT projects.
This bill, and administrative actions that will accompany it, will
address these issues, and thereby allow the State to in-source
technology consultants effectively and achieve significant savings.

This bill would facilitate appropriate in-sourcing in several ways.
First, it would allow for the creation of up to five hundred term
appointments in information technology, each lasting for up to sixty
months, in instances (such as when special qualifications or expertise
are required or when the services are temporary) where it is not
practicable to fill the position by competitive examination. To
secure such an appointment, the appointing authority would need to
make a public certification that special expertise or qualifications
are required and why they cannot be obtained via an eligible list.
This provision would allow State agencies to hire IT professionals
with specific skills for a limited period, at higher levels and pay
grades than would otherwise be possible, so such employees could
perform tasks for which an outside contractor is presently used.

Second, the bill would allow DCS to limit certifications from certain
existing IT eligible lists to individuals with specific knowledge,
skills or certifications, after a skill-set inventory is conducted
from all persons on such list. This would allow an agency to hire
individuals on an existing list who possess the precise skills it
needs, rather than contracting for such skills because the top
candidates identified by an examination did not possess them. This
provision would not add any individual to, or remove any individual
from, any eligible list. Rather, it would allow an agency to winnow
down that list in accordance with a skills inventory to select
employee with the skill most fitting its needs.


Third, the bill would add transparency to the in-sourcing process, by
requiring bi-annual reports by the Director of the Budget, detailing
steps taken to replace contractors with public employees; calculating
savings achieved; and making suggestions for further improving IT
hiring and promotions and limiting contracting of IT services.

All of these provisions would sunset on December 31, 2011, allowing
the Executive, Legislature and stakeholders to assess their
effectiveness, and determine to what extent they should be modified or
continued.

In the State's current fiscal predicament, it must seek out every
avenue to achieve cost-savings by limiting use of consultants,
provided it can do so without negatively impacting the ability of
State agencies to operate efficiently. This bill would take an
important step towards this goal, by providing the State with
flexibility to hire personnel with the skills and experience it needs.
When coupled with greater transparency, and administrative measures
for improved training, these steps will help the State make the best
use of its IT workforce, and bring into that workforce individuals
with skills in demand by State agencies.

BUDGET IMPLICATIONS:

This bill would reduce State expenditures by allowing State agencies
to replace consultants with public employees who can be hired at lower
cost.

EFFECTIVE DATE:

This bill would be effective immediately, and that sections 1 and 3
would expire and be deemed repealed on December 31, 2011. Section 2
would expire or be deemed repealed on December 31, 2011 or upon the
establishment of new eligible lists, whichever is earlier.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 11                                                      A. 11

                     Twentieth Extraordinary Session

                      S E N A T E - A S S E M B L Y

                            November 18, 2009
                               ___________

IN  SENATE -- Introduced by Sens. SAVINO, BRESLIN, ONORATO, LANZA -- (at
  request of the Governor) -- read twice and ordered printed,  and  when
  printed to be committed to the Committee on Rules

IN  ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
  A. Destito, Abbate, John, Silver, Farrell, Canestrari, Galef,  Reilly,
  Benedetto,  Peoples-Stokes,  Lancman,  Koon,  Alessi,  Arroyo,  Aubry,
  Benjamin,  Boyland,  Brodsky,  Brook-Krasny,  Carrozza,   Christensen,
  Clark,  Colton, Cook, Crespo, Cusick, Cymbrowitz, DelMonte, DenDekker,
  Englebright, Fields, Gabryszak, Gianaris, Gibson,  Gordon,  Gottfried,
  Gunther,   Heastie,  Hevesi,  Hoyt,  Hyer-Spencer,  Jaffee,  Jeffries,
  Kavanagh, Kellner, Lentol, Lifton, Lupardo, Magee, Magnarelli,  Mayer-
  sohn,  McEneny,  Meng,  M. Miller, Millman, Morelle, Nolan, O'Donnell,
  Ortiz, Paulin, Peralta, Perry,  Pheffer,  Pretlow,  Ramos,  P. Rivera,
  Rosenthal,  Scarborough, Schroeder, Skartados, Spano, Stirpe, Sweeney,
  Thiele, Titone, Titus, Towns, Weinstein, Weprin, Wright, Zebrowski) --
  (at request of the Governor) -- read once and referred to the  Commit-
  tee on Ways and Means

AN  ACT  to amend the civil service law, in relation to authorizing term
  appointments without examination for  certain  information  technology
  positions and providing for the repeal of such provisions upon expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil service law is amended by adding a new section 66
to read as follows:
  S 66. TERM APPOINTMENTS IN INFORMATION TECHNOLOGY. 1.  THE  DEPARTMENT
MAY  AUTHORIZE  A  TERM  APPOINTMENT  WITHOUT EXAMINATION TO A TEMPORARY
POSITION REQUIRING SPECIAL EXPERTISE OR  QUALIFICATIONS  IN  INFORMATION
TECHNOLOGY.  SUCH APPOINTMENT MAY BE AUTHORIZED ONLY IN A CASE WHERE THE
APPOINTING AUTHORITY CERTIFIES TO THE DEPARTMENT  THAT  BECAUSE  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12160-02-9

S. 11                               2                              A. 11

TYPE OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL CHARACTER
OF  SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAMINATION OF
ANY KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT PURSUANT TO  THE
PUBLIC  OFFICERS  LAW AND SHALL IDENTIFY THE SPECIAL EXPERTISE OR QUALI-
FICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE OBTAINED  THROUGH  AN
APPOINTMENT  FROM  AN  ELIGIBLE  LIST.  THE MAXIMUM PERIOD FOR SUCH TERM
APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION  SHALL  NOT  EXCEED
SIXTY  MONTHS  AND SHALL NOT BE EXTENDED, AND THE MAXIMUM NUMBER OF SUCH
APPOINTMENTS SHALL NOT EXCEED FIVE HUNDRED.  AT LEAST FIFTEEN DAYS PRIOR
TO MAKING A TERM APPOINTMENT PURSUANT TO  THIS  SECTION  THE  APPOINTING
AUTHORITY  SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS OFFICES INFORMA-
TION ABOUT THE TEMPORARY POSITION AND THE  REQUIRED  QUALIFICATIONS  AND
SHALL  ALLOW  ANY  QUALIFIED  EMPLOYEE  TO  APPLY  FOR SAID POSITION. AN
EMPLOYEE APPOINTED PURSUANT TO THIS  PROVISION  WHO  HAS  COMPLETED  TWO
YEARS  OF  CONTINUOUS  SERVICE  UNDER  THIS  PROVISION  SHALL BE ABLE TO
COMPETE IN ONE PROMOTIONAL  EXAMINATION  THAT  IS  ALSO  OPEN  TO  OTHER
EMPLOYEES  WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE
QUALIFICATIONS.
  2. A TEMPORARY POSITION ESTABLISHED PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION  MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF  ACTIVITIES  OR  OTHERWISE.  UPON
SUCH  ABOLITION  OR  AT  THE  END  OF  THE  TERM OF THE APPOINTMENT, THE
PROVISIONS  OF  SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,   EIGHTY   AND
EIGHTY-ONE  OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
MATION TECHNOLOGY POSITIONS, THE  TERM  APPOINTMENTS  PURSUANT  TO  THIS
SECTION AT AN AGENCY SHALL BE ABOLISHED PRIOR TO THE ABOLITION OF PERMA-
NENT  COMPETITIVE  CLASS INFORMATION TECHNOLOGY POSITIONS AT SUCH AGENCY
INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
  S 2. Notwithstanding any provision of law to the contrary, the depart-
ment of civil service may limit certification from the following  eligi-
ble  lists  to those eligibles identified as having knowledge, skills or
certifications, or any combination thereof, identified by the appointing
authority as necessary to perform the duties of certain positions:
35-382 Information Technology Specialist 4                        G-25
35-383 Information Technology Specialist 4 (Data Communications)  G-25
35-384 Information Technology Specialist 4 (Database)             G-25
35-386 Information Technology Specialist 4 (Systems Programming)  G-25
35-387 Manager Information Technology Services 1                  G-27
35-388 Manager Information Technology Services 1 (Data
       Communications)                                            G-27
35-389 Manager Information Technology Services 1 (Database)       G-27
35-391 Manager Information Technology Services 1 (Systems
       Programming)                                               G-27
35-392 Manager Information Technology Services 1 (Technical)      G-27
  No such limitation on certification  shall  occur  until  a  skill-set
inventory is conducted for all persons on any list so limited.
  S  3.  Six  months  from the effective date of this act, and every six
months thereafter, the director of the budget will report to the speaker
of the assembly and the temporary president of the  senate  and  to  any
employee organization that is the certified collective bargaining repre-
sentative  of state information technology employees, on the progress of
efforts to in-source information technology positions. The report  shall
state:    (1) any efforts to reduce the number of information technology
consultants contracted by the state, including an estimate of the number
of such consultants replaced by public  employees;  (2)  the  number  of

S. 11                               3                              A. 11

information  technology  employees  hired  by  the state to replace work
performed under consultant  contracts,  including  the  number  of  term
appointments  made  under  section  66  of the civil service law; (3) an
estimate  of  the  savings  achieved by efforts to in-source information
technology work; and (4) suggestions on how to further improve the proc-
esses for hiring and promoting the state's information technology  staff
to reduce reliance on consultants.
  S  4.  This act shall take effect immediately; provided, however, that
sections one and three of this act shall expire and be  deemed  repealed
December  31,  2011, provided that any employees appointed prior to that
date may continue to be employed for a period not to exceed sixty months
from the date  of  appointment,  and  further  provided,  however,  that
section two of this act shall expire and be deemed repealed December 31,
2011 or upon the establishment of appropriate new eligible lists, which-
ever is earlier.

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