NY State Senate Bill 2009-S4929

Senate Bill S4929

2009-2010 Legislative Session

Provides for appeals instituted by any employee on applications made concerning compensation and classification

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Apr 27, 2009	referred to civil service and pensions

2009-S4929 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §§6 & 120, Civ Serv L

2009-S4929 (ACTIVE) - Summary

Provides for the civil service commission to hear appeals instituted by any employee or appointing officer concerning civil service classification or compensation which have not been approved within 120 days after submission to the director of classification and compensation; provides that such appeals to the civil service commission must be in writing.

2009-S4929 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4929

 TITLE OF BILL :  An act to amend the civil service law, in relation
to appeals to the civil service commission on applications made
concerning compensation and classification


 PURPOSE : Provides for an appeal process instituted by any employee
on applications made to the director of the compensation and
classification division if it is not approved within 120 days.

 SUMMARY OF PROVISIONS : Section 6 of the Civil Service Law, is
amended by adding a new subdivision 6-b, which would require a
decision on an application to be within 120 days.  The appeals shall
be in writing no sooner than 120 days nor later than 150 days after
the submission of the application to the director of classification
and compensation division.

 JUSTIFICATION : Economic necessity and new technologies has led New
York State like many employers to redefine its work force. The
Director of the Division of Classification and Compensation (the
Director) has influence on all the major personnel transactions in the
state. As the State proceeds with the process of restructuring, it is
the function of the Director to give the agencies enough flexibility
to insure that the agencies are properly staffed, stay within their
budget constrictions and meet the needs of the People of New York. For

those reasons, the person in this position must have the scope to see
the "big picture" and not be captive to a system that clearly needs
redefining. The statute that defined this position was enacted in 1938
and it has never been amended. However, the demands of the
twenty-first century call for innovation. The amendment would expedite
the application procedure to make sure that all applications are
reviewed and given a fair amount of consideration for agency planning
purposes by making the director look at all applications within a
certain time period.

 LEGISLATIVE. HISTORY : 1999-2000 S.3371 Died in Committee. 2001-2002
S.2548 Died in Committee. 2003-2004 S.1632 Died in Committee.
2005-2005 S.1528 Died in Committee.  2007-2008 - S.4765 - Died in
Committee

 FISCAL IMPLICATIONS : None

 EFFECTIVE. DATE : This act shall take effect immediately.

2009-S4929 (ACTIVE) - Bill Text download pdf

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

                                  4929

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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 appeals to the
  civil service commission on applications made concerning  compensation
  and classification

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

  Section 1. Section 6 of the civil service law is amended by  adding  a
new subdivision 6-b to read as follows:
  6-B. HEAR AND DETERMINE APPEALS INSTITUTED BY ANY EMPLOYEE OR APPOINT-
ING  OFFICER  WHO  MADE AN APPLICATION TO THE DIRECTOR OF CLASSIFICATION
AND COMPENSATION WHICH HAS NOT BEEN APPROVED BY SUCH DIRECTOR WITHIN ONE
HUNDRED TWENTY DAYS AFTER THE SUBMISSION  OF  SUCH  APPLICATION  TO  THE
DIRECTOR. THE APPEALS AUTHORIZED BY THIS SUBDIVISION SHALL BE INSTITUTED
BY  APPLICATION  IN WRITING TO THE COMMISSION NO SOONER THAN ONE HUNDRED
TWENTY DAYS NOR LATER THAN ONE HUNDRED FIFTY DAYS AFTER  THE  SUBMISSION
OF  THE  APPLICATION TO THE DIRECTOR OF CLASSIFICATION AND COMPENSATION.
THE COMMISSION, FOR GOOD CAUSE SHOWN, MAY WAIVE  SUCH  TIME  LIMITATION.
THE  COMMISSION  SHALL MAKE SUCH INVESTIGATION OR INQUIRY INTO THE FACTS
RELATIVE TO THE APPLICATION BEING APPEALED AS MAY BE DEEMED  APPROPRIATE
AND SHALL MAKE A DETERMINATION ON THE APPLICATION. SUCH DECISION MAY NOT
BE ALTERED OR AMENDED BY ACTION OTHER THAN THAT OF THE COMMISSION.
  S  2.  Section 120 of the civil service law is amended by adding a new
subdivision 4 to read as follows:
  4. APPLICATION; APPEAL.  ANY APPLICATION MADE TO THE DIRECTOR PURSUANT
TO THIS SECTION WHICH IS NOT APPROVED WITHIN  ONE  HUNDRED  TWENTY  DAYS
AFTER  IT IS SUBMITTED SHALL BE DEEMED TO BE AN APPLICATION WHICH CAN BE
APPEALED TO THE COMMISSION PURSUANT TO SUBDIVISION SIX-B OF SECTION  SIX
OF THIS CHAPTER.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11563-01-9

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