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

                                  4574

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by M. of A. P. RIVERA, POWELL, ARROYO, RAMOS, HOOPER, ORTIZ,
  N. RIVERA, GREENE, J. RIVERA, DIAZ, PERRY, PERALTA, ESPAILLAT,  WRIGHT
  --  Multi-Sponsored  by -- M.  of A. ALFANO, AUBRY, BENJAMIN, BOYLAND,
  CAHILL, COOK, FARRELL, PEOPLES, SWEENEY -- read once and  referred  to
  the Committee on Governmental Employees

AN  ACT to amend the civil service law, in relation to requiring certain
  state agencies to employ a competitive class affirmative action  offi-
  cer or administrator

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

  Section 1. Article 2 of the civil service law is amended by  adding  a
new title A-1 to read as follows:

                                TITLE A-1
                    STATE AFFIRMATIVE ACTION OFFICERS
                           AND ADMINISTRATORS

SECTION 12.   DEFINITION.
        12-A. AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS.

  S  12.  DEFINITION.  FOR  THE PURPOSES OF THIS ARTICLE, "STATE AGENCY"
SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY PARAGRAPH (A)
OF SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
  S 12-A. AFFIRMATIVE  ACTION  OFFICERS  AND  ADMINISTRATORS.  1.  EVERY
AFFIRMATIVE  ACTION OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR EMPLOYED
BY THE STATE OR A STATE AGENCY SHALL BE DEEMED TO BE IN STATE SERVICE IN
A COMPETITIVE POSITION. THE DEPARTMENT  BY  RULE  AND  REGULATION  SHALL
ESTABLISH  QUALIFICATIONS  AND  EXAM FOR EMPLOYMENT AND PROMOTION WITHIN
THE AFFIRMATIVE ACTION CLASSIFICATION.
  2. EVERY AFFIRMATIVE ACTION OFFICER AND AFFIRMATIVE ACTION ADMINISTRA-
TOR EMPLOYED BY A STATE AGENCY SHALL BE EMPLOYED BY AND REPORT  DIRECTLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06733-01-9
              

A. 4574                             2

TO  THE  HEAD  OF  SUCH  STATE AGENCY, AND SHALL NOT REPORT TO ANY OTHER
PERSON OR PART OF ANY DEPARTMENT OF SUCH AGENCY.
  3.  THE  DEPARTMENT  SHALL, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
THIS SUBDIVISION, ESTABLISH A CONTINUING EDUCATION PROGRAM FOR  AFFIRMA-
TIVE  ACTION  OFFICERS  AND  AFFIRMATIVE  ACTION ADMINISTRATORS IN STATE
SERVICE. SUCH PROGRAM SHALL PROVIDE  INFORMATION  ON  AND  A  COURSE  OF
INSTRUCTION  IN THE NECESSARY SKILLS FOR AFFIRMATIVE ACTION OFFICERS AND
ADMINISTRATORS, AND THE LAW, RULES AND REGULATIONS RELATING TO  AFFIRMA-
TIVE ACTION, EQUAL EMPLOYMENT OPPORTUNITY AND HUMAN RIGHTS. EVERY AFFIR-
MATIVE   ACTION  OFFICER  AND  AFFIRMATIVE  ACTION  ADMINISTRATOR  SHALL
SUCCESSFULLY COMPLETE AFFIRMATIVE ACTION CONTINUING EDUCATION  AT  LEAST
ONCE EVERY CALENDAR YEAR.  THE DEPARTMENT SHALL SCHEDULE AND PROVIDE FOR
THE PROVISION OF SUCH PROGRAM IN EACH REGION OF THE STATE AT LEAST TWICE
A MONTH.
  4.  EVERY  STATE  AGENCY  WHICH  EMPLOYS ONE HUNDRED OR MORE EMPLOYEES
SHALL EMPLOY A FULL-TIME AFFIRMATIVE ACTION OFFICER OR FULL-TIME  AFFIR-
MATIVE ACTION ADMINISTRATOR.  PROVIDED, THAT NO PERSON SHALL BE REQUIRED
TO  TAKE AN EXAMINATION FOR A COMPETITIVE POSITION OF AFFIRMATIVE ACTION
OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR UNTIL THE CONTINUING  EDUCA-
TION  PROGRAM  ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION
SHALL HAVE BEEN AVAILABLE FOR NOT LESS THAN TEN MONTHS. THE EXAMINATIONS
FOR THE COMPETITIVE POSITIONS OF AFFIRMATIVE ACTION OFFICER AND AFFIRMA-
TIVE ACTION ADMINISTRATOR SHALL BE INTERNALLY PREPARED  BY  THE  DEPART-
MENT,  IN  CONSULTATION WITH A COMMITTEE, ESTABLISHED BY THE DEPARTMENT,
COMPOSED OF ETHNICALLY AND GENDER DIVERSE EXAMINATION WRITERS. A MAJORI-
TY OF THE MEMBERS OF SUCH COMMITTEE SHALL BE PERSONS  HOLDING  PERMANENT
COMPETITIVE POSITIONS IN STATE SERVICE.
  5. EACH STATE AGENCY AFFIRMATIVE ACTION OFFICER OR STATE AGENCY AFFIR-
MATIVE ACTION ADMINISTRATOR SHALL APPOINT SUCH NUMBER OF DEPUTY AFFIRMA-
TIVE  ACTION  OFFICERS  OR  DEPUTY  AFFIRMATIVE ACTION ADMINISTRATORS AS
SHALL BE NECESSARY TO ENABLE THE STATE AGENCY AFFIRMATIVE ACTION OFFICER
OR STATE AGENCY AFFIRMATIVE ACTION ADMINISTRATOR TO PERFORM HIS  OR  HER
DUTIES  PURSUANT  TO THIS TITLE. EVERY DEPUTY AFFIRMATIVE ACTION OFFICER
AND DEPUTY AFFIRMATIVE ACTION ADMINISTRATOR SHALL REPORT DIRECTLY TO THE
STATE AGENCY AFFIRMATIVE ACTION  OFFICER  OR  STATE  AGENCY  AFFIRMATIVE
ACTION  ADMINISTRATOR.  A  DEPUTY  AFFIRMATIVE  ACTION OFFICER OR DEPUTY
AFFIRMATIVE ACTION ADMINISTRATOR SHALL BE PRESENT AT,  ACTIVELY  ENGAGED
IN  AND  CONSULTED  ON  THE  RECRUITMENT,  APPOINTMENT  AND PROMOTION OF
EMPLOYEES IN CLASSIFIED POSITIONS IN  THE  STATE  AGENCY.  SUCH  PARTIC-
IPATION  IN  THE  APPOINTMENT  AND  PROMOTION OF CLASSIFIED EMPLOYEES BY
DEPUTY AFFIRMATIVE ACTION OFFICERS AND DEPUTY AFFIRMATIVE ACTION  ADMIN-
ISTRATORS  SHALL  INCLUDE THE ACTIVE INVOLVEMENT AND PRESENCE OF SUCH AN
OFFICER OR ADMINISTRATOR AT EVERY  INTERVIEW,  FOLLOW-UP  INTERVIEW  AND
DETERMINATION  OF THE PERSON TO BE APPOINTED OR PROMOTED TO A CLASSIFIED
POSITION OF STATE SERVICE IN THE AGENCY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law; provided, that subdivision 4 of section 12-a of the
civil service law, as added by section  one  of  this  act,  shall  take
effect  on  the  one  hundred eightieth day after it shall have become a
law; provided, further, that any act or acts necessary to implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.