S T A T E O F N E W Y O R K
________________________________________________________________________
S. 11 A. 11
Twentieth Extraordinary Session
S E N A T E - A S S E M B L Y
November 18, 2009
___________
IN SENATE -- Introduced by Sens. SAVINO, BRESLIN, ONORATO, LANZA -- (at
request of the Governor) -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Destito, Abbate, John, Silver, Farrell, Canestrari, Galef, Reilly,
Benedetto, Peoples-Stokes, Lancman, Koon, Alessi, Arroyo, Aubry,
Benjamin, Boyland, Brodsky, Brook-Krasny, Carrozza, Christensen,
Clark, Colton, Cook, Crespo, Cusick, Cymbrowitz, DelMonte, DenDekker,
Englebright, Fields, Gabryszak, Gianaris, Gibson, Gordon, Gottfried,
Gunther, Heastie, Hevesi, Hoyt, Hyer-Spencer, Jaffee, Jeffries,
Kavanagh, Kellner, Lentol, Lifton, Lupardo, Magee, Magnarelli, Mayer-
sohn, McEneny, Meng, M. Miller, Millman, Morelle, Nolan, O'Donnell,
Ortiz, Paulin, Peralta, Perry, Pheffer, Pretlow, Ramos, P. Rivera,
Rosenthal, Scarborough, Schroeder, Skartados, Spano, Stirpe, Sweeney,
Thiele, Titone, Titus, Towns, Weinstein, Weprin, Wright, Zebrowski) --
(at request of the Governor) -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the civil service law, in relation to authorizing term
appointments without examination for certain information technology
positions and providing for the repeal of such provisions upon expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new section 66
to read as follows:
S 66. TERM APPOINTMENTS IN INFORMATION TECHNOLOGY. 1. THE DEPARTMENT
MAY AUTHORIZE A TERM APPOINTMENT WITHOUT EXAMINATION TO A TEMPORARY
POSITION REQUIRING SPECIAL EXPERTISE OR QUALIFICATIONS IN INFORMATION
TECHNOLOGY. SUCH APPOINTMENT MAY BE AUTHORIZED ONLY IN A CASE WHERE THE
APPOINTING AUTHORITY CERTIFIES TO THE DEPARTMENT THAT BECAUSE OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12160-02-9
S. 11 2 A. 11
TYPE OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL CHARACTER
OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAMINATION OF
ANY KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT PURSUANT TO THE
PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL EXPERTISE OR QUALI-
FICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE OBTAINED THROUGH AN
APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERIOD FOR SUCH TERM
APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED
SIXTY MONTHS AND SHALL NOT BE EXTENDED, AND THE MAXIMUM NUMBER OF SUCH
APPOINTMENTS SHALL NOT EXCEED FIVE HUNDRED. AT LEAST FIFTEEN DAYS PRIOR
TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION THE APPOINTING
AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS OFFICES INFORMA-
TION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALIFICATIONS AND
SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSITION. AN
EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED TWO
YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO
COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO OTHER
EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE
QUALIFICATIONS.
2. A TEMPORARY POSITION ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON
SUCH ABOLITION OR AT THE END OF THE TERM OF THE APPOINTMENT, THE
PROVISIONS OF SECTIONS SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND
EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
MATION TECHNOLOGY POSITIONS, THE TERM APPOINTMENTS PURSUANT TO THIS
SECTION AT AN AGENCY SHALL BE ABOLISHED PRIOR TO THE ABOLITION OF PERMA-
NENT COMPETITIVE CLASS INFORMATION TECHNOLOGY POSITIONS AT SUCH AGENCY
INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
S 2. Notwithstanding any provision of law to the contrary, the depart-
ment of civil service may limit certification from the following eligi-
ble lists to those eligibles identified as having knowledge, skills or
certifications, or any combination thereof, identified by the appointing
authority as necessary to perform the duties of certain positions:
35-382 Information Technology Specialist 4 G-25
35-383 Information Technology Specialist 4 (Data Communications) G-25
35-384 Information Technology Specialist 4 (Database) G-25
35-386 Information Technology Specialist 4 (Systems Programming) G-25
35-387 Manager Information Technology Services 1 G-27
35-388 Manager Information Technology Services 1 (Data
Communications) G-27
35-389 Manager Information Technology Services 1 (Database) G-27
35-391 Manager Information Technology Services 1 (Systems
Programming) G-27
35-392 Manager Information Technology Services 1 (Technical) G-27
No such limitation on certification shall occur until a skill-set
inventory is conducted for all persons on any list so limited.
S 3. Six months from the effective date of this act, and every six
months thereafter, the director of the budget will report to the speaker
of the assembly and the temporary president of the senate and to any
employee organization that is the certified collective bargaining repre-
sentative of state information technology employees, on the progress of
efforts to in-source information technology positions. The report shall
state: (1) any efforts to reduce the number of information technology
consultants contracted by the state, including an estimate of the number
of such consultants replaced by public employees; (2) the number of
S. 11 3 A. 11
information technology employees hired by the state to replace work
performed under consultant contracts, including the number of term
appointments made under section 66 of the civil service law; (3) an
estimate of the savings achieved by efforts to in-source information
technology work; and (4) suggestions on how to further improve the proc-
esses for hiring and promoting the state's information technology staff
to reduce reliance on consultants.
S 4. This act shall take effect immediately; provided, however, that
sections one and three of this act shall expire and be deemed repealed
December 31, 2011, provided that any employees appointed prior to that
date may continue to be employed for a period not to exceed sixty months
from the date of appointment, and further provided, however, that
section two of this act shall expire and be deemed repealed December 31,
2011 or upon the establishment of appropriate new eligible lists, which-
ever is earlier.