assembly Bill A40011
Herman D. Farrell
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Authorizes term appointments without examination for certain positions requiring special expertise or qualifications in information technology.
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
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.
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.
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
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.
This bill would reduce State expenditures by allowing State agencies
to replace consultants with public employees who can be hired at lower
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.
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