S T A T E O F N E W Y O R K
________________________________________________________________________
3895
2011-2012 Regular Sessions
I N S E N A T E
March 9, 2011
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Introduced by Sen. GOLDEN -- 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 reduction of posi-
tions in the New York city departments of sanitation and correction
based upon seniority with an employer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 80 of the civil service law is amended by adding a
new subdivision 1-e to read as follows:
1-E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, ANY OF THE UNIFORMED FORCE OF THE DEPARTMENT OF SANITATION OR
THE DEPARTMENT OF CORRECTION OF THE CITY OF NEW YORK SHALL BE SUBJECT TO
THE FOLLOWING PROCEDURE. WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE, POSI-
TIONS IN THE COMPETITIVE CLASS ARE ABOLISHED OR REDUCED IN RANK OR SALA-
RY GRADE, SUSPENSION OR DEMOTION, AS THE CASE MAY BE, AMONG INCUMBENTS
HOLDING THE SAME OR SIMILAR POSITIONS SHALL BE MADE IN THE INVERSE ORDER
OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE GRADE OR TITLE IN
THE SERVICE OF THE GOVERNMENTAL JURISDICTION IN WHICH SUCH ABOLITION OR
REDUCTION OF POSITIONS OCCURS, SUBJECT TO THE PROVISIONS OF SUBDIVISION
SEVEN OF SECTION EIGHTY-FIVE OF THIS CHAPTER. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, HOWEVER, UPON THE ABOLITION OR REDUCTION
OF POSITIONS, THOSE EMPLOYEES WHO HAVE NOT COMPLETED THEIR PROBATIONARY
SERVICE SHALL BE SUSPENDED OR DEMOTED, AS THE CASE MAY BE, BEFORE ANY
PERMANENT INCUMBENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES THE ORDER OF
SUSPENSION OR DEMOTION SHALL BE DETERMINED AS IF SUCH EMPLOYEES WERE
PERMANENT INCUMBENTS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09342-01-1