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

                                  2810

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON --
  read once and referred to the Committee on Governmental Employees

AN  ACT  to amend the civil service law, in relation to providing compe-
  tency standards for exempt and non-competitive class positions

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

  Section  1. Section 41 of the civil service law is amended by adding a
new subdivision 3 to read as follows:
  3. NO PERSON SHALL BE PERMITTED TO ASSUME ANY  EXEMPT  CLASS  POSITION
WHO  HAS  NOT  DEMONSTRATED  HIS  OR HER COMPETENCE FOR THAT POSITION BY
REASON OF PROFESSIONAL TRAINING, SUBSTANTIVE EXPERIENCE AND EDUCATION OR
SUCH EXAMINATION AS MAY BE DEEMED APPROPRIATE IN ACCORDANCE WITH SECTION
FIFTY OF THIS CHAPTER.
  S 2. Subdivision 1 of section 42 of the civil service law, as  amended
by chapter 155 of the laws of 1961, is amended to read as follows:
  1.  The non-competitive class shall include all positions that are not
in the exempt class or the labor class and for which it is found by  the
commission  having  jurisdiction  to be not practicable to ascertain the
merit and fitness of applicants by competitive  examination.    Appoint-
ments to positions in the non-competitive class shall be made after such
non-competitive  examination as is prescribed by the state civil service
department or municipal commission having jurisdiction, EXCEPT  THAT  NO
PERSON  SHALL  BE  PERMITTED TO ASSUME ANY ADMINISTRATIVE OR SUPERVISORY
POSITION WHO HAS NOT DEMONSTRATED HIS OR HER COMPETENCE FOR  THAT  POSI-
TION  BY  REASON  OF  PROFESSIONAL  TRAINING, SUBSTANTIVE EXPERIENCE AND
EDUCATION OR SUCH EXAMINATION AS MAY BE DEEMED APPROPRIATE IN ACCORDANCE
WITH SECTION FIFTY OF THIS CHAPTER.  No position shall be deemed  to  be
in  the  non-competitive  class  unless it is specifically named in such
class in the rules. Not more than one appointment shall be  made  to  or
under  the title of any office or position placed in the non-competitive

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02643-01-1

              

A. 2810                             2

class pursuant to the provisions of this section, unless a different  or
an unlimited number is specifically prescribed in the rules.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law, provided, however, that any rules and regu-
lations necessary for the implementation of this act  on  its  effective
date shall be promulgated on or before such date.