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Assembly Bill A2763

2009-2010 Legislative Session

Requires 60 day notice of any suspension or demotion be furnished to the employee affected, the civil service department and the appropriate employee organization

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Archive: Last Bill Status - On Floor Calendar

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2009-A2763 (ACTIVE) - Details

See Senate Version of this Bill:
S2344
Law Section:
Civil Service Law
Laws Affected:
Amd ยง81-a, Civ Serv L

2009-A2763 (ACTIVE) - Summary

Requires 60 day notice of any suspension or demotion be furnished to the employee affected, the civil service department and the appropriate employee organization; increased from the current 20 day requirement and adds that the employee must be notified personally.

2009-A2763 (ACTIVE) - Bill Text download pdf 

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

                                  2763

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to  amend the civil service law, in relation to requiring sixty
  days notice to an employee prior to suspension or demotion

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

  Section  1. Subdivision 1 of section 81-a of the civil service law, as
amended by chapter 140 of the laws  of  1993,  is  amended  to  read  as
follows:
  1. Establishment of reemployment rosters in the state service; general
provisions. The head of any department, office or institution from which
an  employee  in  the  state  service  is  to be suspended or demoted in
accordance with the provisions of section eighty  or  eighty-a  of  this
article, shall, at least [twenty] SIXTY days prior to such suspension or
demotion,  furnish the AFFECTED EMPLOYEE, state civil service department
AND EMPLOYEE ORGANIZATION with a statement showing such employee's name,
title or position, date of appointment, and the date of and  reason  for
suspension  or demotion.   NOTICE GIVEN TO ANY EMPLOYEE PURSUANT TO THIS
SECTION SHALL BE BY PERSONAL SERVICE OR BY CERTIFIED MAIL  TO  THE  LAST
ADDRESS  FILED  BY  THE EMPLOYEE WITH THE EMPLOYER. Upon such employee's
suspension or demotion, it shall be the duty of the department to  place
the  name of such employee upon a reemployment roster for filling vacan-
cies in any comparable position as determined by the department,  except
that  employees  suspended or demoted from positions in the non-competi-
tive and labor classes may not be certified to  fill  vacancies  in  the
competitive class. Such reemployment roster shall be certified for fill-
ing a vacancy in any such position before certification is made from any
other  list,  including  a  promotion  eligible list, but not prior to a
preferred list. Eligibility for reinstatement of  a  person  whose  name
appears on any such reemployment roster shall not continue for a  period
longer than four years from the date of suspension or demotion provided,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05599-01-9

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