senate Bill S1271

Provides that all affirmative action officers and administrators employed by the state shall be in competitive classified positions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 09 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Provides that all affirmative action officers and administrators employed by the state shall be in competitive classified positions; directs the department of civil service to establish qualifications and examinations for employment and promotion in the affirmative action classification; provides that such officers and administrators shall report directly to their agency head; provides for annual affirmative action continuing education; requires every state agency employing 100 or more employees to employ a full-time affirmative action officer or administrator; requires agency affirmative action officers and administrators to appoint deputies, who shall participate in all interviews and determinations relating to the recruitment, appointment and promotion of employees in classified positions.

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Bill Details

Versions:
S1271
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Add Art 2 Title A-1 ยงยง12 & 12-a, Civ Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1379
2009-2010: S3347

Sponsor Memo

BILL NUMBER:S1271 REVISED 1/10/13

TITLE OF BILL: An act to amend the civil service law, in relation to
requiring certain state agencies to employ a competitive class affirma-
tive action officer or administrator

PURPOSE OR GENERAL IDEA OF BILL: This legislation seeks to protect and
strengthen the role of affirmative action officers in all state agencies
by providing that each agency have a full-time affirmative action offi-
cer that reports directly to the agency head and are provided with
continued education opportunities in the area of affirmative action,
equal employment opportunity and human rights.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Article 2 of the civil service law is amended by adding a
new title A-1. This article defines the process by which state affirma-
tive officers and administrators are hired into competitive positions
that will allow them the latitude to perform their duties without fear
of retaliation or job loss.

Section 2 - requires that every affirmative action officer/administrator
employed by a state agency shall be employed the agency head and report
directly to that person and no one else in so as to provide these
employees with access to the top decision making authority in that agen-
cy. This will help address the issue of lack of diversity in state agen-
cies because workforce planning issues by agency heads will have input
by such employees. Affirmative action officers/ administrator are
required to participate in recruitment and interviewing process.

Section 3 - requires for the establishment of a continuing education
program (CEP) for all affirmative action officers/administrators that
will help them gain the necessary skills to perform their jobs by learn-
ing about rules and regulations relating to affirmative action, equal
employment opportunity and human rights. Changes in these laws at both
the federal and state level, and court decisions require such ongoing
training for these employees to be successful in their job requirements.
Requires that the CEP must be in place for 18 months prior to any exam-
ination for AAO and AAA.

Section 4 - This section requires that all state agencies that employee
100 or more employees shall have a full-time affirmative action
officer/administrator. Presently, many agencies do not have a dedicated
affirmative action officer/administrator and individuals now performing
such duties have conflict of interest situations because they have other
job requirements and other job classifications mixed with their affirma-
tive action duties. In large agencies, these employees have no staff and
are unable to perform these duties effectively while having to focus on
other job requirements because of their dual job roles. This will elim-
inate such conflicts of interest and allow for affirmative action

officers/administrators to have civil rights as their sole responsibil-
ity.

JUSTIFICATION: A 2005 report by the New York State Assembly Puerto
Rican/Hispanic Task Force, a subsequent public hearing and other meet-
ings with minority workers has yielded valuable suggestion that need
legislative action to remedy what the 2005 report called, an appalling
under-representation of minorities in civil service and policy making
positions in the Pataki Administration. This is one of five proposals
put forward by task force to address the problems.

The lack of workforce diversity now seen in New York State was created
because over the years affirmative action officers/administrators have
no job protection, and are marginalized by agency heads. In fact, many
of the current employee performing such duties are not MOs. This legis-
lation reverses this situation and strengthens the role of these employ-
ees by providing them with a variety of tools.

This legislation mandates that all affirmative action
officers/administrators shall be hired as competitive classified posi-
tions. The common practice of not providing AAAs and AAOs with protected
employment status has created fear and an inability to authoritatively
perform their duties.

This legislation will provide job security, promotion opportunities and
require that these employees report directly to agency head and no one
else. Presently AAOs report to a variety of low level managers that show
no priority in EEO guidelines. The result of this problem is documented
by the findings of the report mentioned above:

* Today, Hispanics make up over 16% of the entire state population but
account for only 3.8 percent or 6,515 of the 169,571 jobs in the state
government workforce. In real terms, this is a decline in close to 1,000
jobs since 1991 or a 12.2% reduction in the number of Hispanic state
workers. This reduction came during a period when the Hispanic popu-
lation in New York grew by 33%.

* Since 1991, the African-American civil service workforce has seen a
dramatic decline. The 8,836 jobs lost by this group represent a 26.7%
decline in the African-American state workforce. This reduction came
during a period when the African-American population in New York grew by
13.1%.

* For African-Americans, the loss of the 8,836 jobs at the average state
salary of $53,000 translates into a loss of over $468 million dollars in
annual salaries. For Hispanics their under-representation translates
into a loss of over $860 million in annual salaries.

PRIOR LEGISLATIVE HISTORY: 2009-10: Referred to Civil Service &
Pensions; Reported and Committed to Finance 2011-2012: Referred to Civil
Service & Pensions

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Not applicable.

EFFECTIVE DATE: 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 amended by section one of this act shall
take effect on the 180th day after it shall have become a law.

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

                                  1271

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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
TO THE HEAD OF SUCH STATE AGENCY, AND SHALL  NOT  REPORT  TO  ANY  OTHER
PERSON OR PART OF ANY DEPARTMENT OF SUCH AGENCY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02695-01-3

S. 1271                             2

  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.

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