Senate Bill S3778

                                 BILL NUMBER:  S3778

 TITLE OF BILL :

An act to amend the civil service law, in relation to promotional
examinations for certain positions and promotions and transfers to
administrative positions in state service


 PURPOSE OF THE BILL :

The purpose of this bill is to allow employees who are permanently
appointed to certain non-competitive class positions, for which they
have demonstrated their competence by possession of a credential,
license or certification granted by the appropriate regulatory body,
to transfer to comparable competitive class positions; and to allow
permanent employees in noncompetitive and labor class positions to
participate in a non-competitive examination for a competitive class
position for which they are qualified, for appointment on the same
basis as competitive class employees.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Civil Service Law (CSL) § 70(1) to permit
employees with permanent status in non-competitive class positions,
who have successfully passed noncompetitive examinations which include
              

possession of a credential, license or certification by the
appropriate regulatory body, to transfer to administrative or other
comparable competitive class positions which require essential tests
or qualifications similar to those of such non-competitive
examinations.

Section 2 of the bill amends CSL § 70(4) to grant permanent employees
in noncompetitive and labor class positions the opportunity to
transfer to competitive class positions after participating in
non-competitive examinations.

Section 3 of the bill provides that it shall become effective
immediately.

 EXISTING LAW :

CSL § 70(1) limits transfers with respect to positions with similar
essential tests or qualifications to permanent competitive class
employees. Thus, permanent non-competitive class.  employees do not
have any transfer opportunities.

CSL § 70(4) permits permanent employees in the competitive class who
meet the requirements for a competitive examination and ate otherwise
qualified as determined by the State Civil Service Commission or a
municipal Civil Service Commission to transfer after a noncompetitive
examination to a different position with a similar grade.

 LEGISLATIVE HISTORY :

Section 2 of S.7590 of 2008, introduced and referred to Senate Civil
Service Committee; and S.7532 of 2008, introduced and referred to
Senate Civil Service Committee.

 STATEMENT IN SUPPORT :

This bill sets forth two proposals that will promote efficiency and
effectiveness in administration of the public workforce, while
upholding the State Constitution's merit and fitness mandate.


This bill provides greater career mobility for permanent employees in
non-competitive class positions where minimum qualifications are
mandated by accrediting, licensing or certifying authorities.
Employees in non-competitive class positions will be able to transfer
to competitive class positions, where appropriate, to meet the State's
operational needs. This will provide employees in such positions
opportunities for movement that they would not otherwise have. This
bill will allow agencies to acquire, develop, motivate and retain top
talent to address the current and emerging demographic challenges
facing the State.

The Civil Service Law permits permanent employees in the competitive
class who meet the requirements for a competitive examination and are
otherwise qualified as determined by the State Civil Service
Commission or municipal civil service commission to transfer after a
noncompetitive examination to a different position with a similar
grade. There are currently no provisions for permanent employees in
non-competitive or labor class positions to participate in a
non-competitive examination, which would make them eligible to
transfer to a competitive class position. This bill remedies that
deficiency.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This law would take effect immediately.