NY State Assembly Bill 2011-A7780

Assembly Bill A7780

Vetoed By Governor

2011-2012 Legislative Session

Relates to suspension or demotion upon abolition or reduction of positions for labor class titles

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Archive: Last Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2012	tabled vetoed memo.142
Aug 06, 2012	delivered to governor
Jun 21, 2012	returned to assembly passed senate 3rd reading cal.1015 substituted for s7443
Feb 15, 2012	referred to civil service and pensions delivered to senate passed assembly
Jan 04, 2012	ordered to third reading cal.263 returned to assembly died in senate
Jun 20, 2011	referred to rules delivered to senate passed assembly ordered to third reading rules cal.490 rules report cal.490 reported
Jun 15, 2011	reported referred to rules
Jun 08, 2011	print number 7780b
Jun 08, 2011	amend and recommit to governmental employees
May 24, 2011	print number 7780a
May 24, 2011	amend and recommit to governmental employees
May 17, 2011	referred to governmental employees

Votes

- Jun 21, 2012 - Floor Vote
  A7780
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2012
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Huntley

Bill Amendments

Original

B (Active)

2011-A7780 - Details

Law Section:: Civil Service Law
Laws Affected:: Amd §80, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7218
2015-2016: A7094
2017-2018: A7760

2011-A7780 - Summary

Relates to suspension or demotion upon abolition or reduction of positions for labor class titles; provides that an incumbent in titles in the labor class that have taken the exam and been promoted to the position of a permanent incumbent, who is suspended or displaced upon abolition or reduction in positions, shall displace incumbents serving in the next lower occupied title in the labor class.

2011-A7780 - Bill Text download pdf

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

                                  7780

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to  amend  the  civil service law, in relation to suspension or
  demotion upon the abolition or reduction of positions for labor  class
  titles

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

  Section 1. Subdivision 6 of section 80 of the civil  service  law,  as
added  by  chapter 283 of the laws of 1972 and renumbered by chapter 360
of the laws of 1985, is amended to read as follows:
  6. Displacement in civil divisions. A permanent incumbent of  a  posi-
tion  in a civil division in a specific title to which there is a direct
line of promotion, OR AN INCUMBENT IN A TITLE IN THE  LABOR  CLASS  THAT
HAS  BEEN  EXTENDED  THE OPPORTUNITY TO TAKE THE PROMOTIONAL EXAMINATION
FOR THE POSITION OF A PERMANENT INCUMBENT PURSUANT TO SECTION  FIFTY-TWO
OF THIS CHAPTER, who is suspended or displaced pursuant to this section,
together  with  all  other such incumbents suspended or displaced at the
same time, shall displace, in the inverse order of the order of  suspen-
sion or demotion prescribed in subdivisions one and two of this section,
incumbents  serving  in  positions  in the same lay-off unit in the next
lower occupied title in direct line of promotion OR IN THE TITLE IN  THE
LABOR  CLASS  IN  WHICH INCUMBENTS HAVE BEEN EXTENDED THE OPPORTUNITY TO
TAKE THE PROMOTIONAL EXAMINATION FOR THE POSITION OF  THE  SUSPENDED  OR
DISPLACED  PERMANENT  INCUMBENT  PURSUANT  TO  SECTION FIFTY-TWO OF THIS
CHAPTER, who shall be displaced in the order of suspension  or  demotion
prescribed in subdivisions one and two of this section; provided, howev-
er,  that no incumbent shall displace any other incumbent having greater
retention standing. If a permanent incumbent of a position  in  a  civil
division  is suspended or displaced from a position in a title for which
there are no lower level occupied positions in direct line of promotion,
he shall displace the incumbent with the least retention right  pursuant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11533-01-1

A. 7780                             2

to subdivisions one and two of this section who is serving in a position
in  the title in which the displacing incumbent last served [on a perma-
nent basis] prior to service in one or more positions in the title  from
which  he is suspended or displaced, if: (1) the service of the displac-
ing incumbent while in such former title was satisfactory  and  (2)  the
position  of  the  junior  incumbent  is in (a) the competitive OR LABOR
class, (b) the layoff unit  from  which  the  displacing  incumbent  was
suspended  or  displaced, and (c) a lower salary grade than the position
from which the displacing incumbent is suspended or displaced; provided,
however, that no incumbent shall displace  any  other  incumbent  having
greater  retention  standing.  Refusal  of  appointment  to  a  position
afforded by this subdivision constitutes waiver  of  rights  under  this
subdivision with respect to the suspension or displacement on account of
which  the  refused appointment is afforded. The municipal civil service
commission shall promulgate rules to implement this subdivision  includ-
ing  rules  which  may provide adjunctive opportunities for displacement
either to positions in direct line of  promotion  or  to  formerly  held
positions;  provided,  however, that no such rule shall permit an incum-
bent to displace any other incumbent having greater retention  standing.
For  the purpose of acquiring preferred list rights, displacement pursu-
ant to this subdivision is the  equivalent  of  suspension  or  demotion
pursuant to subdivision one of this section.
  S 2. This act shall take effect immediately.

2011-A7780A - Details

Law Section:: Civil Service Law
Laws Affected:: Amd §80, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7218
2015-2016: A7094
2017-2018: A7760

2011-A7780A - Summary

2011-A7780A - Bill Text download pdf

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

                                 7780--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the civil service law,  in  relation  to  suspension  or
  demotion  upon the abolition or reduction of positions for labor class
  titles

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

  Section  1.  Subdivision  6 of section 80 of the civil service law, as
added by chapter 283 of the laws of 1972 and renumbered by  chapter  360
of the laws of 1985, is amended to read as follows:
  6.  Displacement  in civil divisions. A permanent incumbent of a posi-
tion in a civil division in a specific title to which there is a  direct
line  of  promotion,  OR  AN  INCUMBENT IN A TITLE IN THE LABOR CLASS IN
WHICH INCUMBENTS HAVE BEEN EXTENDED THE OPPORTUNITY TO TAKE  THE  PROMO-
TIONAL EXAMINATION FOR THE POSITION OF A PERMANENT INCUMBENT PURSUANT TO
SECTION  FIFTY-TWO OF THIS CHAPTER, who is suspended or displaced pursu-
ant to this section, together with all other such  incumbents  suspended
or  displaced  at the same time, shall displace, in the inverse order of
the order of suspension or demotion prescribed in subdivisions  one  and
two of this section, incumbents serving in positions in the same lay-off
unit  in the next lower occupied title in direct line of promotion OR IN
THE TITLE IN THE LABOR CLASS IN WHICH INCUMBENTS HAVE BEEN EXTENDED  THE
OPPORTUNITY  TO TAKE THE PROMOTIONAL EXAMINATION FOR THE POSITION OF THE
SUSPENDED OR DISPLACED PERMANENT INCUMBENT PURSUANT TO SECTION FIFTY-TWO
OF THIS CHAPTER, who shall be displaced in the order  of  suspension  or
demotion  prescribed  in  subdivisions  one  and  two  of  this section;
provided, however, that no incumbent shall displace any other  incumbent
having  greater  retention standing. If a permanent incumbent of a posi-
tion in a civil division is suspended or displaced from a position in  a
title  for  which  there are no lower level occupied positions in direct

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11533-02-1

A. 7780--A                          2

line of promotion, he  shall  displace  the  incumbent  with  the  least
retention right pursuant to subdivisions one and two of this section who
is  serving in a position in the title in which the displacing incumbent
last served [on a permanent basis] prior to service in one or more posi-
tions  in the title from which he is suspended or displaced, if: (1) the
service of the displacing incumbent  while  in  such  former  title  was
satisfactory  and (2) the position of the junior incumbent is in (a) the
competitive OR LABOR class, (b) the layoff unit from which the  displac-
ing  incumbent  was suspended or displaced, and (c) a lower salary grade
than the position from which the displacing incumbent  is  suspended  or
displaced; provided, however, that no incumbent shall displace any other
incumbent having greater retention standing. Refusal of appointment to a
position afforded by this subdivision constitutes waiver of rights under
this  subdivision  with  respect  to  the  suspension or displacement on
account of which the refused  appointment  is  afforded.  The  municipal
civil service commission shall promulgate rules to implement this subdi-
vision  including  rules  which may provide adjunctive opportunities for
displacement either to positions in  direct  line  of  promotion  or  to
formerly  held  positions;  provided,  however,  that no such rule shall
permit an incumbent to  displace  any  other  incumbent  having  greater
retention  standing. For the purpose of acquiring preferred list rights,
displacement pursuant to this subdivision is the equivalent  of  suspen-
sion or demotion pursuant to subdivision one of this section.
  S 2. This act shall take effect immediately.

2011-A7780B (ACTIVE) - Details

Law Section:: Civil Service Law
Laws Affected:: Amd §80, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7218
2015-2016: A7094
2017-2018: A7760

2011-A7780B (ACTIVE) - Summary

2011-A7780B (ACTIVE) - Bill Text download pdf

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

                                 7780--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the civil service law,  in  relation  to  suspension  or
  demotion  upon the abolition or reduction of positions for labor class
  titles

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

  Section  1.  Subdivision  6 of section 80 of the civil service law, as
added by chapter 283 of the laws of 1972 and renumbered by  chapter  360
of the laws of 1985, is amended to read as follows:
  6.  Displacement  in civil divisions. A permanent incumbent of a posi-
tion in a civil division in a specific title to which there is a  direct
line  of promotion, OR WHERE INCUMBENTS IN TITLES IN THE LABOR CLASS WHO
HAVE TAKEN THE EXAM AND BEEN PROMOTED TO THE  POSITION  OF  A  PERMANENT
INCUMBENT  PURSUANT  TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  who  is
suspended or displaced pursuant to this section, together with all other
such incumbents suspended or displaced at the same time, shall displace,
in the inverse order of the order of suspension or  demotion  prescribed
in subdivisions one and two of this section, incumbents serving in posi-
tions  in  the  same  lay-off  unit  in the next lower occupied title in
direct line of promotion OR IN THE TITLE IN THE  LABOR  CLASS  IN  WHICH
INCUMBENTS  WERE  EXTENDED THE OPPORTUNITY TO TAKE THE PROMOTIONAL EXAM-
INATION FOR THE POSITION OF THE SUSPENDED OR DISPLACED PERMANENT  INCUM-
BENT  PURSUANT  TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  who shall be
displaced in the order of suspension or demotion prescribed in  subdivi-
sions  one and two of this section; provided, however, that no incumbent
shall displace any other incumbent having greater retention standing. If
a permanent incumbent of a position in a civil division is suspended  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11533-03-1

A. 7780--B                          2

displaced  from a position in a title for which there are no lower level
occupied positions in direct line of promotion, he  shall  displace  the
incumbent  with  the  least retention right pursuant to subdivisions one
and  two  of  this  section who is serving in a position in the title in
which the displacing incumbent last served [on a permanent basis]  prior
to  service  in  one  or  more  positions  in the title from which he is
suspended or displaced, if: (1) the service of the displacing  incumbent
while  in such former title was satisfactory and (2) the position of the
junior incumbent is in (a) the  competitive  OR  LABOR  class,  (b)  the
layoff  unit  from  which  the  displacing  incumbent  was  suspended or
displaced, and (c) a lower salary grade than the position from which the
displacing incumbent is suspended or displaced; provided, however,  that
no incumbent shall displace any other incumbent having greater retention
standing. Refusal of appointment to a position afforded by this subdivi-
sion constitutes waiver of rights under this subdivision with respect to
the  suspension or displacement on account of which the refused appoint-
ment is afforded. The municipal civil service commission  shall  promul-
gate  rules  to  implement  this  subdivision  including rules which may
provide adjunctive opportunities for displacement either to positions in
direct line of promotion or to formerly held positions; provided, howev-
er, that no such rule shall permit an incumbent to  displace  any  other
incumbent  having greater retention standing. For the purpose of acquir-
ing preferred list rights, displacement pursuant to this subdivision  is
the  equivalent of suspension or demotion pursuant to subdivision one of
this section.
  S 2. This act shall take effect immediately.

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