senate Bill S7226

Amended

Relates to establishing procedures for the order of suspension or demotion of employees in certain occupations

download pdf

Sponsor

Bill Status


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

actions

  • 06 / May / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 19 / May / 2014
    • 1ST REPORT CAL.802
  • 20 / May / 2014
    • 2ND REPORT CAL.
  • 21 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • AMENDED ON THIRD READING 7226A
  • 11 / Jun / 2014
    • SUBSTITUTED BY A9540A

Summary

Establishes procedures for the order of suspension or demotion of employees in certain occupations.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9540
Versions:
S7226
S7226A
Legislative Cycle:
2013-2014
Law Section:
Civil Service Law
Laws Affected:
Amd ยง80, Civ Serv L

Votes

8
0
8
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Civil Service and Pensions committee vote details

Sponsor Memo

BILL NUMBER:S7226

TITLE OF BILL: An act to amend the civil service law, in relation to
suspension or demotion upon the abolition or reduction of positions

PURPOSE: This bill will allow all therapists employed by the City
School District of the City of New York prior to January 1, 2014 to
retain their years of service for retention purposes.

SUMMARY OF PROVISIONS: A new subsection 1-f is added to section 80 of
the civil service law to allow all occupational and physical
therapists who are presently employed by the City School District of
the City of new York and who were so employed by the City of New York
and who were so employed prior to January 1, 2014 as provisional
employees, for the purpose of priority of retention and for no other
purpose, to have their date of original appointment be deemed the date
such employment began prior to January 1, 2014.

JUSTIFICATION: The City School District of the City of New York had
not, prior to December 31, 2013, given a civil service test for
occupational and physical therapists for at least 30 years. All
therapists working in the title of occupational therapist-BOE,
physical therapist-BOE, senior occupational therapist-BOE, senior
physical therapist-BOE or supervising therapist were professionals. A
test was finally given in December, 2013. Under section 80 of the
Civil Service Law, after January 1, 2014, if a layoff in any of these
titles were necessary, all such employees would receive no credit for
the years of service prior to 1/1/2014. This legislation would grant
them credit for all of their years of service in these titles for
retention purposes only. These employees should not lose the benefit
of all their years of service because the school district neglected to
give civil service examinations for thirty years.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  7226

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  suspension  or
  demotion upon the abolition or reduction of positions

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

  Section 1. Section 80 of the civil service law is amended by adding  a
new subdivision 1-f to read as follows:
  1-F.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION, EMPLOYEES OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW  YORK,
APPOINTED TO THE TITLES OF OCCUPATIONAL THERAPIST-DOE OR PHYSICAL THERA-
PIST-DOE, SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE: WHERE, BECAUSE OF
ECONOMY,  CONSOLIDATION  OR ABOLITION OF FUNCTION, CURTAILMENT OF ACTIV-
ITIES OR OTHERWISE, POSITIONS IN THE COMPETITIVE CLASS ARE ABOLISHED, OR
REDUCED IN RANK OR SALARY GRADE, SUSPENSION OR DEMOTION, AS THE CASE MAY
BE, AMONG INCUMBENTS HOLDING THE SAME OR  SIMILAR  POSITIONS,  SHALL  BE
MADE  IN  THE INVERSE ORDER OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS
IN THE GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION IN
WHICH SUCH ABOLITION OR REDUCTION OF POSITIONS OCCURS,  SUBJECT  TO  THE
PROVISIONS  OF SUBDIVISION SEVEN OF SECTION EIGHTY-FIVE OF THIS CHAPTER;
PROVIDED, HOWEVER, THAT IF ANY PERSON SO EMPLOYED WAS  EMPLOYED  IN  THE
TITLE  OF  OCCUPATIONAL  THERAPIST-DOE,  PHYSICAL  THERAPIST-DOE, SENIOR
OCCUPATIONAL THERAPIST-DOE, SENIOR PHYSICAL THERAPIST-DOE OR SUPERVISING
THERAPIST PRIOR TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN,  FOR
PURPOSES  OF THIS SUBDIVISION REGARDING PRIORITY OF RETENTION AND FOR NO
OTHER PURPOSE, THE DATE OF ORIGINAL APPOINTMENT OF ANY SUCH PERSON SHALL
BE DEEMED TO BE THE DATE SUCH EMPLOYMENT COMMENCED PRIOR  TO  THE  FIRST
DAY OF JANUARY, TWO THOUSAND FOURTEEN.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14988-01-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.