senate Bill S7810

Relates to provisional employees of certain public employers

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

  • 11 / Jun / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1683
  • 20 / Jun / 2014
    • SUBSTITUTED BY A9970

Summary

Relates to provisional employees of certain public employers.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9970
Versions:
S7810
Legislative Cycle:
2013-2014
Law Section:
Civil Service Law
Laws Affected:
Amd §65, Civ Serv L; amd §§3 & 5, Chap 5 of 2008; amd Part I §2, Chap 56 of 2008

Sponsor Memo

BILL NUMBER:S7810

TITLE OF BILL: An act to amend the civil service law, in relation to
provisional employees of certain public employers; to amend chapter 5
of the laws of 2008 amending the civil service law relating to
provisional employees of certain public employers, in relation to
extensions of certain negotiated agreements and extending the
provisions of such chapter; and to amend part I of chapter 56 of the
laws of 2008 amending the civil service law relating to excess
provisional employees of a city having a population of one million or
more, in relation to extending the provisions thereof

SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth legislative findings, describing the
need to amend subdivision 5 of Civil Service Law § 65, added by
Chapter 5 of the Laws of 2008. Subdivision 5 provides for New York
City (the "City") and the other governmental entities whose civil
service appointments are managed by the city's Department of Citywide
Administrative Services ("DCAS", and such entities are referred to as
the "DCAS employers"), to develop a plan to substantially comply with
the time periods permitted by subdivisions one through four of Civil
Service Law § 65 regarding provisional appointments.

Section 2 of the bill would add a new paragraph (c-1) to Civil Service
Law § 65(5) that would authorize the DCAS employers to submit to the
State Civil Service Commission ("State Commission") a comprehensive
revised plan, to be implemented by November 1, 2018 or within four
years of its approval by the State Commission, whichever is later, to
substantially comply with the time periods permitted by § 65(1)-(4).
This plan could contain any of the components of the original plan and
could also include other appropriate means of implementation. The
State Commission would be required to approve or disapprove the plan
within sixty days of its submission, and this approval process would
otherwise conform to the procedures set forth in § 65(5)(c).

Section 3 of the bill would make conforming amendments to subdivisions
(d), (f) and (g) of Civil Service Law § 65(5) in light of the proposed
addition of a new paragraph (c-1). This would ensure that the plan
modification procedures (including a potential additional year for
implementing the revised plan), as well as the time limitation
suspension and authorization of negotiated disciplinary procedures,
would continue to apply.

Section 4 of the bill would make a conforming amendment to § 3 of
Chapter 5 of the Laws of 2008 with respect to the negotiated
agreements entered into as a result of the plan, reflecting the
amendment to paragraph (g) of § 65(5) proposed by Section 3 of this
bill. It would also amend the expiration date of Chapter 5 of the Laws
of 2008, which authorized the original plan, and provide that this act
would expire on December 31, 2020.

Section 5 of the bill would amend the expiration date of Part I of
Chapter 56 of the Laws of 2008 (to December 31, 2020), which added
subdivision 6 of § 65 authorizing the State Commission to charge the
City for services and costs (up to $690,000 annually) associated with


approving and monitoring the plan submitted by the City and the DCAS
employers.

Section 6 of the bill is a severability clause.

Section 7 of the bill provides that the act would take effect
immediately.

REASONS FOR SUPPORT:

The City and the DCAS employers have made significant progress in
reducing the number of their provisional employees, but aspects of the
original plan developed by DCAS could not be fully implemented during
the period of the plan's effective period. A comprehensive revision of
such plan would now afford the City and the DCAS employers the
opportunity to implement further actions necessary to complete the
plan while preserving the quality and effectiveness of governmental
operations.

The purpose of this bill, and the 2008 legislation it amends, is to
address issues raised by the New York Court of Appeals in its decision
in City of Long Beach v. Civil Service Employees Association, 8 N.Y.3d
465 (2007). In that case, the Court concluded that the terms of a
collective bargaining agreement that afforded tenure rights to
provisional employees of the City of Long Beach after one year of
service were contrary to New York law. In light of this, the Court
concluded that the dispute was not arbitrable because granting the
relief sought by the provisional employees under the "tenure"
provisions of the agreement would violate the Civil Service Law. The
Court also emphasized the need for compliance with the time
limitations imposed by Civil Service Law § 65 with respect to filling
vacancies, holding examinations and removing provisional employees
from positions in titles for which examinations should be held.

Having received approval in 2008 from the State Commission to
implement an orderly and expeditious plan to reduce the number of
provisional employees, the City and certain other related employers
made substantial progress toward their goal through various means
authorized by Chapter 5. As of May 1, 2014, the number of provisional
employees on the payrolls of the DCAS employers is below 23,000, a
substantial reduction of almost 15,000 from the number in May 2008.
This bill would allow the City and such other employers to update and
continue to implement the plan, with appropriate revisions to
timeframes and plan strategies. The bill will ensure the continued
quality and effectiveness of governmental operations while the revised
plan is being developed and implemented. At the same time it will
further the goals of maintaining continuity in the provision of
essential public services and harmonious labor relations, particularly
as it would allow limited negotiated protections regarding
disciplinary procedures for provisional employees and the waiver of
time limitations that would otherwise apply in relation to provisional
employment. Such limited authorizations, only in the context of
implementing the plan, are consistent with the "merit and fitness"
policy of the State Constitution.

Effective Date:


Immediately, with provisions

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

                                  7810

                            I N  S E N A T E

                              June 11, 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  provisional
  employees  of certain public employers; to amend chapter 5 of the laws
  of 2008 amending the civil service law relating to provisional employ-
  ees of certain public employers, in relation to extensions of  certain
  negotiated  agreements  and  extending the provisions of such chapter;
  and to amend part I of chapter 56 of the laws  of  2008  amending  the
  civil  service  law relating to excess provisional employees of a city
  having a population of one million or more, in relation  to  extending
  the provisions thereof

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

  Section 1. Statement of legislative findings and intent. The  legisla-
ture  hereby  finds  that  the  city of New York and other employers for
which the New York city department of citywide  administrative  services
("DCAS")  manages civil service appointments ("the DCAS employers") have
made substantial progress in reducing the number of provisional appoint-
ments. Aspects of the original plan developed by DCAS in accordance with
chapter 5 of the laws of 2008 to reduce provisional  appointments  could
not  be  fully  implemented  during  the period of effectiveness of such
plan, and a limited revision and extension are now necessary in order to
implement further actions in an appropriate timeframe that preserves the
quality and effectiveness of governmental  operations.  The  legislature
therefore  additionally  finds that the constitutional mandate of making
appointments and promotions "according to merit and  fitness"  would  be
furthered  by maintaining, for an additional defined period, the orderly
planning and implementation process, including review by the state civil
service commission, originally established by chapter 5 of the  laws  of
2008.  The  legislature  further  finds that during such period, limited
waivers of selected applicable time limitations, as well as the authori-
zation of certain negotiated  disciplinary  procedures  for  provisional
employees,  are  also  appropriate. These actions are authorized only in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15510-01-4

S. 7810                             2

the unique context of continuing to implement a remedy for the  specific
problem faced by the city and other DCAS employers.
  S  2.  Subdivision 5 of section 65 of the civil service law is amended
by adding a new paragraph (c-1) to read as follows:
  (C-1) REVISED PLAN FOR PROVISIONAL EMPLOYEES. WITHIN SIXTY DAYS  AFTER
THE  EFFECTIVE  DATE  OF  THIS  PARAGRAPH,  THE  DCAS EMPLOYERS SHALL BE
REQUIRED TO SUBMIT TO THE STATE COMMISSION FOR  ITS  APPROVAL  A  SINGLE
COMPREHENSIVE REVISION OF THE PLAN PREPARED PURSUANT TO PARAGRAPH (B) OF
THIS  SUBDIVISION,  TO  BE  IMPLEMENTED  BY NOVEMBER FIRST, TWO THOUSAND
SIXTEEN, TO FURTHER REDUCE THE NUMBER OF PROVISIONAL  APPOINTMENTS  THAT
HAVE  CONTINUED  BEYOND  THE PERIODS PERMITTED BY SUBDIVISIONS ONE, TWO,
THREE AND FOUR OF THIS  SECTION.  SUCH  REVISED  PLAN  MAY  CONTAIN  ANY
ELEMENTS  OR MEANS OF IMPLEMENTATION AUTHORIZED BY PARAGRAPH (B) OF THIS
SUBDIVISION. THE REVISED PLAN SHALL BE SUPPORTED BY APPROPRIATE DOCUMEN-
TATION AND EXPLANATION, AND THE INFORMATION CONTAINED IN THE PLAN  SHALL
BE  CONFIRMED BY THE COMMISSIONER OF DCAS AS ACCURATE TO THE BEST OF HIS
OR HER KNOWLEDGE, BASED ON A REASONABLE INQUIRY BY DCAS INTO  THE  FACTS
SET FORTH THEREIN. WITHIN SIXTY DAYS OF THE SUBMISSION OF SUCH PLAN, THE
STATE  COMMISSION SHALL APPROVE THE REVISED PLAN, WITH OR WITHOUT RECOM-
MENDED CHANGES, OR DISAPPROVE IT. THE APPROVAL PROCESS  SHALL  OTHERWISE
CONFORM  TO  THE TIMEFRAMES AND PROCEDURES SET FORTH IN PARAGRAPH (C) OF
THIS SUBDIVISION. NOTWITHSTANDING ANY  INCONSISTENT  PROVISION  OF  THIS
SUBDIVISION,  THIS SUBDIVISION SHALL NO LONGER BE IN FORCE AND EFFECT IF
NO REVISED PLAN HAS BEEN APPROVED BY THE STATE COMMISSION  WITHIN  EIGH-
TEEN MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 3. Paragraphs (d), (f) and (g) of subdivision 5 of section 65 of the
civil  service  law,  as  added  by  chapter  5 of the laws of 2008, are
amended to read as follows:
  (d) Modifications of the plan. During the course of  implementing  the
plan developed [and], approved AND REVISED in accordance with paragraphs
(b)  [and],  (c)  AND  (C-1)  of this subdivision, if the DCAS employers
determine that there is a need to modify the plan, they shall  submit  a
request  for  modification  of  the  plan  to the state commission. Such
request shall detail the circumstances that  have  arisen  necessitating
the  request,  including  but  not  limited  to  unforeseen demands upon
resources, unforeseen projected impacts upon  the  provision  of  public
services,  or  a  finding that implementation of any part of the plan is
impracticable, unduly burdensome or  otherwise  likely  to  prevent  the
successful  implementation  of the plan or any aspect thereof. The state
commission shall act upon the  request  for  modification  within  sixty
days.  The  state commission may in its discretion approve the modifica-
tion, approve the modification with recommended changes,  or  disapprove
the  modification; provided, however, that if the state commission takes
no action within such period, it shall be deemed to  have  approved  the
modification,  and  provided  further that if the changes recommended by
the state commission are not accepted by the DCAS employers within thir-
ty days, the modification shall be deemed  disapproved.  Notwithstanding
any  inconsistent  provision  of this paragraph, where a modification is
insubstantial, and will not materially affect the ability  of  the  DCAS
employers  to [achieve timely substantial compliance with the time peri-
ods permitted by this section] REDUCE THE NUMBER OF PROVISIONAL APPOINT-
MENTS IN ACCORDANCE WITH PARAGRAPH (C-1) OF THIS SUBDIVISION,  DCAS  may
so certify and the modification may be implemented and shall be filed by
DCAS  with  the state commission within five business days. In the event
that a request for modification is disapproved, the plan  previously  in
effect  shall  remain in effect, provided that the DCAS employers may at

S. 7810                             3

any time submit a new proposed modification. [Any modification  approved
pursuant  to  this paragraph may extend the duration of a plan to a date
no more than one year beyond the five-year period  authorized  by  para-
graph (b) of this subdivision.]
  (f)  Time  limitation.  Notwithstanding  any inconsistent provision of
this chapter or any other law or rule to the contrary, the provisions of
subdivision two of this section shall not apply to DCAS  employers  upon
the  effective  date  of  the  chapter of the laws of two thousand seven
which added this subdivision, and during the timely submission, approval
and implementation of a plan in accordance with paragraphs (b), (c)  and
(e)  of this subdivision, AND OF A REVISED PLAN IN ACCORDANCE WITH PARA-
GRAPH (C-1) OF THIS SUBDIVISION. The provisions of  subdivision  two  of
this  section shall be applicable to any provisional employee serving in
a position for which an appropriate eligible list has  been  established
pursuant  to such plan OR REVISED PLAN, unless such list is not adequate
to fill all positions then held on a provisional basis or  is  exhausted
immediately following its establishment.
  (g)  Agreements governing disciplinary procedures. Notwithstanding any
inconsistent provision of this chapter or any other law or rule  to  the
contrary,  any  DCAS employer and an employee organization, as such term
is defined in article fourteen of this chapter, may  enter  into  agree-
ments  to  provide  disciplinary  procedures  applicable  to provisional
appointees or categories thereof who have served for a period  of  twen-
ty-four  months or more in a position which is covered by such an agree-
ment. No such provisional employee shall be  deemed  to  be  permanently
appointed under such circumstances, nor may such disciplinary procedures
be  deemed  to preclude removal of an employee as a result of the estab-
lishment of and appointments from an appropriate  eligible  list  or  in
accordance with any other provision of law. Any such agreement may apply
upon  the  effective date of [the] chapter FIVE of the laws of two thou-
sand [seven which added this subdivision] EIGHT, and during  the  timely
submission,  approval  and  implementation  of a plan in accordance with
paragraphs (b), (c) and (e) of this subdivision, AND OF A  REVISED  PLAN
IN  ACCORDANCE  WITH  PARAGRAPH (C-1) OF THIS SUBDIVISION, and shall not
apply to any provisional employee serving in a  position  for  which  an
appropriate  eligible  list  has  been  established  pursuant  to a plan
approved in accordance with this subdivision unless  such  list  is  not
adequate  to  fill  all positions then held on a provisional basis or is
exhausted immediately following its establishment.
  S 4. Sections 3 and 5 of chapter 5 of the laws of 2008,  amending  the
civil  service  law  relating to provisional employees of certain public
employers, is amended to read as follows:
  S 3. Any agreement OR EXTENSION THEREOF entered into pursuant to para-
graph (g) of subdivision 5 of section 65 of the civil  service  law,  as
added  by  section  two  of this act, may include protections for provi-
sional employees who were covered, prior to the effective date  of  this
act,  by  agreements  similar to those authorized by such paragraph. Any
agreement OR EXTENSION THEREOF entered into pursuant to  such  paragraph
may  include,  but shall not be limited to, the appropriate arbitration,
adjudication or other  disposition  of  disciplinary  or  other  matters
concerning provisional employees that were pending on the effective date
of this act.
  S 5. This act shall take effect immediately, and shall expire December
31,  [2014] 2016 when upon such date the provisions of this act shall be
deemed repealed.

S. 7810                             4

  S 5. Section 2 of part I of chapter 56 of the laws of  2008,  amending
the civil service law relating to excess provisional employees of a city
having  a  population  of  one  million  or  more, is amended to read as
follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, [2014] 2016.
  S 6. If any section, subdivision, paragraph, clause, sentence,  phrase
or  other  portion  of this act is, for any reason, declared unconstitu-
tional or invalid, in whole or in part, by any court of competent juris-
diction, such portion shall be deemed severable,  and  such  unconstitu-
tionality  or  invalidity shall not affect the validity of the remaining
portions of this act, which remaining portions shall  continue  in  full
force and effect.
  S  7. This act shall take effect immediately; provided that the amend-
ments to subdivision 5 of section 65 of the civil service  law  made  by
sections  two  and three of this act shall not affect the repeal of such
subdivision  and  shall  be  deemed  repealed  therewith;  and  provided
further,  that  the  amendments to section 3 of chapter 5 of the laws of
2008 made by section four of this act shall not  affect  the  repeal  of
such section and shall be deemed repealed therewith.

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.