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Senate Bill S5630

2009-2010 Legislative Session

Prohibits transfer of civil service employees to a higher salary grade if at time of the transfer there is an eligible list, preferred list, or re-employment roster

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

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2009-S5630 (ACTIVE) - Details

See Assembly Version of this Bill:
A8227
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd ยงยง52 & 70, Civ Serv L

2009-S5630 (ACTIVE) - Summary

Prohibits the transfer of civil service employees to higher salary grade than the position held by the employee prior to the transfer if at the time of the transfer there is an eligible list, preferred list, or re-employment roster for such position, unless said transfer is to a position within the same title.

2009-S5630 (ACTIVE) - Sponsor Memo

2009-S5630 (ACTIVE) - Bill Text download pdf 

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

                                  5630

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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  prohibiting  the
  transfer of civil service employees in certain situations

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

  Section 1. Paragraph (c) of subdivision 6 of section 52 of  the  civil
service  law, as added by chapter 790 of the laws of 1958, is amended to
read as follows:
  (c) Transfers shall be allowed between administrative positions in the
same or related or collateral specialties  which  involve  substantially
equivalent tests or qualifications, subject to such conditions and limi-
tations  as  the state civil service department may prescribe, PROVIDED,
HOWEVER, THAT NO SUCH TRANSFER SHALL BE ALLOWED TO  A  POSITION  IN  THE
SERVICE OF THE STATE WHICH IS IN A HIGHER SALARY GRADE THAN THE POSITION
HELD BY THE EMPLOYEE PRIOR TO THE TRANSFER IF AT THE DATE OF SUCH TRANS-
FER  THERE  IS  AN  EXISTING,  VALID  ELIGIBLE LIST OR PREFERRED LIST OR
RE-EMPLOYMENT ROSTER FOR SUCH POSITION.
  S 2. Subdivision 1 of section 70 of the civil service law, as  amended
by chapter 718 of the laws of 1993, is amended to read as follows:
  1. General provisions. Except as provided in subdivisions four and six
of this section no employee shall be transferred to a position for which
there  is required by this chapter or the rules established hereunder an
examination involving essential tests or qualifications  different  from
or  higher  than  those required for the position held by such employee.
The state and municipal commissions may adopt rules governing  transfers
between  positions  in their respective jurisdictions and may also adopt
reciprocal rules providing  for  the  transfer  of  employees  from  one
governmental  jurisdiction  to another. No employee shall be transferred
without his or her consent except as provided in subdivision six of this
section or  upon the transfer of functions as  provided  in  subdivision

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11767-01-9

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