senate Bill S5771A

2011-2012 Legislative Session

Relates to suspension or demotion upon the abolition or reduction of positions for labor class and noncompetitive titles; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8291 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

do you support this bill?

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 tabled
vetoed memo.145
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1004
substituted for s5771a
Jun 21, 2012 substituted by a8291a
Jun 11, 2012 amended on third reading 5771a
Jun 06, 2012 advanced to third reading
Jun 05, 2012 2nd report cal.
Jun 04, 2012 1st report cal.1004
Jan 04, 2012 referred to civil service and pensions
Jun 15, 2011 referred to rules

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

S5771 - Bill Details

See Assembly Version of this Bill:
A8291A
Law Section:
Civil Service Law
Laws Affected:
Amd §§80, 78, 79, 81, 81-a, 81-b, 85, 86 & 131, rpld §80-a, Civ Serv L; amd §3556, Pub Auth L

S5771 - Bill Texts

view summary

Relates to suspension or demotion upon the abolition or reduction of positions for labor class and noncompetitive titles.

view sponsor memo
BILL NUMBER:S5771

TITLE OF BILL:
An act
to amend the civil service law and the public authorities law, in
relation to suspension or demotion upon the abolition or reduction of
positions for labor class and noncompetitive titles; and to repeal
section 80-a of the civil service law relating thereto

PURPOSE:
This bill intends to provide equal reduction in force and recall
provisions to permanently appointed employees appointed to
Competitive, Non-Competitive, and Labor Jurisdictional Classification
at all levels of State and local government

SUMMARY OF PROVISIONS:
This bill amends subdivision 1, 1-a, 1-b, 1-c, 2, 6, 7, and 9 of
Section 80; repeals Section 80-a; amends Subdivision 1 of Section 81;
amends Subdivision 1, and 5 of Section 81-a; amends Subdivision 1 of
Section 81-b and amends subdivision 7 of Section 85 of the Civil
Service Law.

EXISTING LAW:
Section 80 currently provides reduction in force provisions for
permanent employees occupying competitive jurisdictional class
positions.

Section 80-a provides reduction in force protection for State
Executive Branch employees who are appointed permanently in positions
designated in the Non-Competitive Jurisdictional Classification.
These provisions do not currently apply to local government employees.

Currently there is no provision in the New York State Civil Service
Law that covers employees who are permanently appointed to positions
designated by the Local Government Classified Civil Service Rules as
in the Labor Jurisdictional Classification.

Sections 81, 81-a, and 81-b currently provide preferred list,
certification and reinstatement provisions for employees who were
displaced from State or local government competitive class positions
and State executive branch employees who were displaced from
Non-Competitive Class positions.

Section 85 currently provides preference in retention during State and
local government reductions in force. This section also provides
preference in retention for certain employees who are permanently
appointed to noncompetitive class positions in the State's Executive
Branch only. Impact on State and Local Government Civil Service Rules
and Regulations:

This bill will require the State and Local Civil Service
administrations to adopt new or revise current provisions of their
Rules for the Classified Service regarding reduction in force
procedures.


The State Executive Branch and many but not all local government
employers already provide at least some reduction in force and or
recall procedures and protections to employees in the Non-Competitive
and Labor Jurisdictional Classification. This protection is typically
provided via collective bargaining agreements, which currently exist
between certain local government employers and employees represented
by labor unions.

JUSTIFICATION:
The New York State Constitution (Article V Section 6) provides for the
filling of State and Local Government positions via merit and fitness
to be ascertained as far as practicable by competitive examination.
Positions included in this group are classified in the Competitive
Jurisdictional Classification, (Section 44 NYS Civil Service Law).

State and Local government Civil Service Administrations are also
permitted to designate certain positions in the Non-Competitive
(Section 42) and Labor (Section 43) jurisdictional classifications if
the positions meet certain classification qualifications.

In the event of the need to reduce positions in the State Executive
Branch or Local Governments the Section 80 of the New York State
Civil Service Law provides a system of reduction in force that
affects permanently appointed employees occupying positions in the
competitive class. Also Section 80-a of the Civil Service Law
provides reduction in force provisions for permanently appointed
employees occupying Non-Competitive Class positions in the State
Executive Branch only,

There is no statutory provision that provides this protection to
employees in the Labor Class.

Sections 81, 81-a, and 81-b of the Civil Service Law provides a method
of recall via various preferred hiring lists containing the names of
those employees who have been displaced from their permanent
positions. These recall lists also apply to non-competitive class
employees displaced from State Executive Branch positions only.

Section 85 provides permanently appointed in the competitive class and
certain non-competitive class positions in the State Executive Branch
only.

Employees who are appointed permanently to public sector positions
dedicate themselves to public service and as such deserve to be
treated with dignity and respect in the unfortunate event of a
reduction in force.

Reduction in Force provisions that cover public sector positions
should not be restricted to the Competitive Class or the
Non-Competitive class in only the State's Executive Branch. These
protections should be extended to cover all employees who are
appointed permanently to a position in the Competitive,
Non-Competitive or Labor Jurisdictional Classifications.

When the State and or Local Governments decide to fill vacancies after
a reduction in force has occurred, permanent employees who were
displaced via the reduction in force should be given preference in


filling these vacancies before any other eligible list (in the case
of the Competitive Class) eligible or other non-competitive class
candidates are appointed.

This bill sets up the current reduction in force and recall procedure
for non-competitive and labor class employees who work for the State
Executive Branch or a local government employer.

The application of these protections to Non-Competitive and Labor
class employees in State and Local governments are long overdue.

There are no logical reasons to continue this inequity.
The passage and implementation of this bill will provide New York
State and Local Governments with a uniform and orderly approach to
reducing the workforce and in the rehiring methods used by using
length of service as a determining factor.

Employees who have longer permanent service with their employer should
have greater retention rights than those employees who are
subsequently hired to positions in the same title. Length of
permanent service should be recognized in rimes of reductions in
force and the rehiring.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5771

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 15, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the civil service law and the public authorities law, in
  relation to suspension or demotion upon the abolition or reduction  of
  positions  for  labor  class  and noncompetitive titles; and to repeal
  section 80-a of the civil service law relating thereto

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

  Section  1. Subdivisions 1, 1-a, 1-b, 1-c, 2, 6, 7 and 9 of section 80
of the civil service law, subdivision 1 as amended  and  subdivisions  6
and  7  as  added by chapter 283 of the laws of 1972, subdivision 1-a as
added by chapter 312 of the laws of 1976, subdivision 1-b  as  added  by
chapter 653 of the laws of 1978, subdivision 1-c as added by chapter 334
of the laws of 1994, subdivision 2 as amended by chapter 376 of the laws
of  1977,  subdivisions 6 and 7 as renumbered by chapter 360 of the laws
of 1985, and subdivision 9 as added by chapter 470 of the laws of  1988,
are amended to read as follows:
  1. Suspension or demotion. Where, because of economy, consolidation or
abolition  of  functions,  curtailment of activities or otherwise, posi-
tions in the competitive, NONCOMPETITIVE, OR LABOR class  are  abolished
or  reduced in rank or salary 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 classified service in the service of the  governmental  jurisdic-
tion  in  which such abolition or reduction of positions occurs, subject
to the provisions of subdivision seven of section  eighty-five  of  this
chapter; provided, however, that the date of original appointment of any
such  incumbent  who  was  transferred to such governmental jurisdiction
from another governmental jurisdiction upon the  transfer  of  functions
shall  be  the  date of original appointment on a permanent basis in the
classified service in the service of the governmental jurisdiction  from

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13023-01-1

S. 5771                             2

which  such  transfer  was  made. Notwithstanding the provisions of this
subdivision, however, upon the abolition or reduction  of  positions  in
the  competitive,  NONCOMPETITIVE OR LABOR class, incumbents holding the
same  or  similar  positions  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.
  1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
section,  the members of a police or paid fire department in the city of
Buffalo shall be subject to the following procedure. Where,  because  of
economy,  consolidation or abolition of functions, curtailment of activ-
ities or otherwise, positions  in  the  competitive,  NONCOMPETITIVE  OR
LABOR class are abolished or reduced in rank or salary 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
in  the  competitive class, incumbents holding the same or similar posi-
tions who  have  not  completed  their  probationary  service  shall  be
suspended  or  demoted,  as the case may be, before any permanent incum-
bents, and among such probationary employees the order of suspension  or
demotion  shall be determined as if such employees were permanent incum-
bents.
  1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this
section,  employees  of  secure  detention facilities in the city of New
York and of the alternatives to secure detention facilities  program  in
such city who are performing functions which were assumed by the depart-
ment  of  social  services  of  the city of New York on the tenth day of
November, nineteen hundred seventy-one and  who,  upon  such  assumption
were  transferred  to said department, shall be subject to the following
procedure. Where, because of  economy,  consolidation  or  abolition  of
function,  curtailment  of  activities  or  otherwise,  positions in the
competitive, NONCOMPETITIVE OR LABOR class are abolished, or reduced  in
rank  or salary 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 clas-
sified service 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;
provided, however, that if any person so employed and so transferred was
employed  on  a permanent basis in such a facility or such program prior
to the thirtieth day of  December,  nineteen  hundred  sixty-seven,  for
purposes  of this subdivision regarding priority of retention and for no
other purpose, the date of original appointment of any such person shall
be deemed to be the date such permanent employment  commenced  prior  to
the said thirtieth day of December, nineteen hundred sixty-seven.
  1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this
section, sworn employees of the Monroe county sheriff's department shall
be subject to  the  following  procedure.  Where,  because  of  economy,
consolidation  or  abolition  of  function, curtailment of activities or
otherwise, positions in the competitive, NONCOMPETITIVE OR  LABOR  class
are  abolished,  or  reduced  in  rank  or  salary  grade, suspension or

S. 5771                             3

demotion, as the case may be, among incumbents holding the same or simi-
lar 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 govern-
mental  jurisdiction  in  which such abolition or reduction of positions
occurs, subject to the provisions of subdivision seven of section eight-
y-five of this  chapter;  provided,  however,  that  if  any  person  so
employed  was employed in such person's current title prior to the first
day of April, nineteen hundred ninety-three, for purposes of this subdi-
vision regarding priority of retention and for  no  other  purpose,  the
date  of  original  appointment of any such person shall be deemed to be
the date such employment commenced prior to the said first day of April,
nineteen hundred ninety-three.
  2. Continuous service. Except as otherwise provided  herein,  for  the
purposes  of this section the original appointment of an incumbent shall
mean the date of his first appointment on a permanent basis in the clas-
sified service followed by continuous service in the classified  service
on a permanent basis up to the time of the abolition or reduction of the
competitive,  NONCOMPETITIVE  OR  LABOR class positions. An employee who
has resigned and who has been reinstated or reappointed in  the  service
within  one  year thereafter shall, for the purposes of this section, be
deemed to have continuous service. An employee who has  been  terminated
because of a disability resulting from occupational injury or disease as
defined in the workmen's compensation law and who has been reinstated or
reappointed in the service thereafter shall be deemed to have continuous
service.  A period of employment on a temporary or provisional basis, or
in the unclassified service, immediately preceded and followed by perma-
nent service in the classified service, shall not constitute  an  inter-
ruption  of  continuous  service  for  the purposes of this section; nor
shall a period of leave of absence without pay pursuant to  law  or  the
rules of the civil service commission having jurisdiction, or any period
during which an employee is suspended from his position pursuant to this
section,  constitute  an  interruption  of  continuous  service  for the
purposes of this section.
  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  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 positions in the same lay-off unit in the
next lower occupied title in direct  line  of  promotion  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
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, NONCOMPETITIVE 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

S. 5771                             4

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.
  7. Displacement in the state service. A permanent incumbent of a posi-
tion in the state service in a specific title to which there is a direct
line of promotion  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 positions in the same layoff unit in  the
next  lower  occupied  title  in  direct  line of promotion 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 the state service 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  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, NONCOMPETITIVE 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 state civil service  commission  shall  promulgate
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, 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 suspension or demotion pursuant to subdivision one of this
section.
  9. Certain suspensions or demotions in  the  city  of  Niagara  Falls.
Notwithstanding  the  provisions of subdivision one of this section, the
members of a paid fire department in the city of Niagara Falls shall  be
subject  to  the following procedure. Where, because of economy, consol-
idation or abolition of functions, curtailment of activities  or  other-

S. 5771                             5

wise,  positions  in  the  competitive class are abolished or reduced in
rank or salary 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.  Notwithstand-
ing  the  provisions of this subdivision, however, upon the abolition or
reduction of positions  in  the  competitive,  NONCOMPETITIVE  OR  LABOR
class,  incumbents  holding  the  same or similar positions who have not
completed their probationary service shall be suspended or  demoted,  as
the  case may be, before any permanent incumbents, and among such proba-
tionary employees the order of suspension or demotion  shall  be  deter-
mined as if such employees were permanent incumbents.
  S 2. Section 80-a of the civil service law is REPEALED.
  S  3.  Subdivisions 2 and 4 of section 78 of the civil service law, as
added by chapter 29 of the laws of 1996, are amended to read as follows:
  2. Order of certification of names from transfer list. a. The names of
persons on a transfer list established to fill  vacancies  in  the  same
position  or  a  position in a lower grade in line of promotion shall be
certified therefrom in the order  of  their  original  appointments,  in
accordance  with the provisions of subdivision three of section eighty[,
subdivision three of section eighty-a] and subdivision seven of  section
eighty-five of this chapter.
  b.  The names of persons on a transfer list established to fill vacan-
cies in a comparable position shall be certified  therefrom  with  equal
ranking for appointment.
  4.  Relative  seniority.  Where a preferred list exists containing the
names of persons who have been suspended or demoted from a  position  in
the  same  title  to  which  an  appointment is to be made, the relative
seniority, determined in accordance with the provisions  of  subdivision
three  of  section  eighty[,  subdivision three of section eighty-a] and
subdivision seven of section eighty-five of this chapter, of the  person
certified first on such preferred list willing to accept appointment and
the  person  certified  first  on  the  transfer  list willing to accept
appointment shall be compared and the person with the greater  seniority
shall be certified first.
  S 4. Paragraphs a, b and e of subdivision 1 of section 79 of the civil
service law, as added by chapter 315 of the laws of 1995, are amended to
read as follows:
  a.  Where,  and to the extent that, an agreement between the state and
an employee organization entered into pursuant to  article  fourteen  of
this  chapter  so  provides, upon notification to the department that an
employee in the state service is to be suspended or demoted  in  accord-
ance with the provisions of section eighty [or eighty-a] of this article
by reason of the state's exercise of its right to contract out for goods
and  services,  and  receipt  of  the  information  required pursuant to
section eighty-one-a of this article for purposes of establishing  reem-
ployment  rosters,  at  least  ninety  days  prior  to the suspension or
demotion of an affected employee, the department shall place the name of
the employee upon a redeployment list. Such redeployment list  shall  be
certified  for  filling positions in the same title or in any comparable
title, as determined by the department,  before  certification  is  made
from  any  other eligible list, placement roster, reemployment roster or
preferred list.  The director of state operations is authorized to rede-
ploy such employees to positions in appointing authorities of the execu-

S. 5771                             6

tive branch. The department may extend the right to be placed on a rede-
ployment list, in accordance with the provisions  of  this  section,  to
employees not subject to the provisions of such agreement.
  b.  Orders  of  certification  of names from a redeployment list.  The
names of persons on a redeployment list shall be certified therefrom for
appointment in the order of their original appointments,  in  accordance
with the provisions of subdivision three of section eighty [and subdivi-
sion three of section eighty-a] of this article.
  e.   Termination  of  eligibility  for  appointment.  Eligibility  for
appointment of an employee whose name appears  on  a  redeployment  list
shall  terminate  at such time as the employee is redeployed pursuant to
the provisions of this section to a position in the same salary grade as
the position from which he or she has been suspended or demoted, or  has
exercised  his  or her reemployment rights pursuant to the provisions of
section eighty-one or eighty-one-a of this article,  provided,  however,
that  eligibility  for  appointment  shall  terminate  no later than six
months following the suspension or demotion of such employee in  accord-
ance  with  the provisions of section eighty [or eighty-a] of this arti-
cle. Upon such employee's suspension or demotion, the  department  shall
place  the  name of such employee upon a preferred list, and a reemploy-
ment roster, as  appropriate,  in  accordance  with  the  provisions  of
sections eighty-one and [eight-one-a] EIGHTY-ONE-A of this article.
  S  5. Subdivision 1 of section 81 of the civil service law, as amended
by chapter 283 of the laws of 1972, is amended to read as follows:
  1. Establishment of preferred lists; general provisions. The  head  of
any  department, office or institution in which an employee is suspended
or demoted in accordance  with  the  provisions  of  [sections]  SECTION
eighty  [and  eighty-a]  of  this chapter shall, upon such suspension or
demotion, furnish the state  civil  service  department  or  appropriate
municipal  commission, as the case may be, a statement showing his name,
title or position, date of appointment, and the date of and  reason  for
suspension  or  demotion.  It  shall  be  the duty of such civil service
department or commission, as the case may be,  forthwith  to  place  the
name  of  such  employee upon a preferred list, together with others who
may have been suspended or demoted from the same or similar positions in
the same jurisdictional class, and to certify such list, as  hereinafter
provided, for filling vacancies in the same jurisdictional class; first,
in  the  same  or  similar  position; second, in any position in a lower
grade in line of promotion; and third, in any comparable position.  Such
preferred  list  shall  be  certified  for filling a vacancy in any such
position before certification is made from any other list,  including  a
promotion  eligible  list,  notwithstanding  the  fact  that none of the
persons on such preferred list was suspended  from  or  demoted  in  the
department or suspension and demotion unit in which such vacancy exists.
No  other name shall be certified from any other list for any such posi-
tion until such preferred list is exhausted. The eligibility  for  rein-
statement  of  a  person  whose  name appears on any such preferred list
shall not continue for a period longer than four years from the date  of
separation or demotion.
  S  6.  Subdivisions  1 and 5 of section 81-a of the civil service law,
subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi-
sion 5 as added by chapter 239 of the laws of 1992, are amended to  read
as follows:
  1. Establishment of reemployment rosters in the state service; general
provisions. The head of any department, office or institution from which
an  employee  in  the  state  service  is  to be suspended or demoted in

S. 5771                             7

accordance with the provisions of section eighty [or eighty-a]  of  this
article,  shall,  at  least  twenty  days  prior  to  such suspension or
demotion, furnish the state civil service department  with  a  statement
showing  such  employee's  name, title or position, date of appointment,
and the date of and reason for suspension or demotion. Upon such employ-
ee's suspension or demotion, it shall be the duty of the  department  to
place  the  name of such employee upon a reemployment roster for filling
vacancies in any comparable position as determined  by  the  department,
except  that  employees  suspended or demoted from positions in the non-
competitive and labor classes may not be certified to fill vacancies  in
the  competitive  class. Such reemployment roster shall be certified for
filling a vacancy in any such position before certification is made from
any other list, including a promotion eligible list, but not prior to  a
preferred  list.  Eligibility  for  reinstatement of a person whose name
appears on any such reemployment roster shall not continue for a  period
longer than four years from the date of suspension or demotion provided,
however, in no event shall eligibility for reinstatement  from  a  reem-
ployment roster continue once the person is no longer eligible for rein-
statement from a preferred list.
  5. Notwithstanding any other provision of this chapter, the department
may  disqualify for reinstatement and remove from a  reemployment roster
the name of any otherwise eligible person who, by reason of physical  or
mental  incapacity,  is found to be unable to satisfactorily perform the
duties of the position for which such roster has  been  established,  or
who has engaged in such misconduct as would warrant his or her dismissal
from public employment, except that a person who is not completely phys-
ically incapacitated and who is suspended or demoted pursuant to section
eighty  [or  eighty-a]  of  this article because his or her position has
been abolished or reduced, but who is certified for reinstatement to any
position having the same physical  requirements  as  the  position  from
which  such  person  was suspended or demoted, shall not be disqualified
because of his or her incapacity, unless upon medical examination his or
her incapacity has worsened to a degree that he or she would not be able
to satisfactorily perform in such position. No person shall be disquali-
fied pursuant to this subdivision unless he or  she  is  first  given  a
written statement of the reasons therefor and an opportunity to be heard
at  a hearing at which satisfactory proof of such reasons must be estab-
lished by appropriate evidence, and at which  such  person  may  present
independent  evidence  and be entitled to representation by counsel. The
department shall designate a person to  hold  such  hearing  and  report
thereon.
  S  7.  Subdivision  1  of  section  81-b  of the civil service law, as
amended by chapter 140 of the laws  of  1993,  is  amended  to  read  as
follows:
  1.  Establishment  of  placement rosters in the state service; general
provisions.   The head of any department,  office  or  institution  from
which  an employee in the state service is to be suspended or demoted in
accordance with the provisions of section eighty [or eighty-a]  of  this
article,  shall, no later than the date on which he or she furnishes the
state civil service department with the  employee  information  required
pursuant  to section eighty-one-a of this article for purposes of estab-
lishing reemployment rosters, furnish the state civil service department
with a statement showing such employee's name, title or  position,  date
of appointment, and the anticipated date of and reason for suspension or
demotion.  Upon  receiving such information, it shall be the duty of the
department forthwith to place the name of such employee upon a placement

S. 5771                             8

roster for filling vacancies in the same  title  or  in  any  comparable
position   as  determined  by  the  department,  except  that  employees
suspended or demoted from positions in  the  non-competitive  and  labor
classes may not be certified to fill vacancies in the competitive class.
Such  placement  roster  shall be certified for filling a vacancy in any
such position before certification is made from any other list,  includ-
ing  a  promotion  eligible list, but not prior to a preferred list or a
reemployment roster. Eligibility for appointment of  an  employee  whose
name  appears  on any such placement roster shall terminate at such time
as  the  employee  is  suspended  or  demoted  in  accordance  with  the
provisions  of  section eighty [or eighty-a] of this article.  Upon such
employee's suspension or demotion, the department shall place  the  name
of  such  employee  upon  a preferred list, and a reemployment roster as
appropriate, in accordance with the provisions  of  sections  eighty-one
and eighty-one-a of this article.
  S  8. Subdivision 7 of section 85 of the civil service law, as amended
by chapter 532 of the laws of 1976, is amended to read as follows:
  7. Preference in retention upon the abolition  of  positions.  In  the
event  of  the  abolition  or  elimination  of any position in the civil
service [for which eligible lists are established or  any  position  the
incumbent  of which is encompassed by section eighty-a of this chapter],
any suspension, demotion or displacement shall be made  in  the  inverse
order  of the date of original appointment in the service subject to the
following conditions: (1) blind  employees  shall  be  granted  absolute
preference  in  retention; (2) the date of such original appointment for
disabled veterans shall be deemed to be sixty months  earlier  than  the
actual date, determined in accordance with section thirty of the general
construction law; (3) the date of such original appointment for non-dis-
abled  veterans  shall  be  deemed  to be thirty months earlier than the
actual date, determined in accordance with section thirty of the general
construction law; (4) no permanent competitive class employee subject to
the jurisdiction of the civil service commission of the city of New York
who receives an injury in the line of duty, as  defined  in  this  para-
graph,  which  requires  immediate  hospitalization,  and  which  is not
compensable through workmen's compensation may be suspended, demoted  or
displaced pursuant to section eighty of this chapter within three months
of  the  date  of  his  confinement,  provided  that medical authorities
approved by such commission shall certify that the employee is not  able
to  perform  the  duties  of  his  position; provided further, that such
three-month period may be extended by  such  commission  for  additional
periods  not  to  exceed one year each upon the certification of medical
authorities selected by such commission  that  the  employee  is,  as  a
result  of his injury, still not able to perform the duties of his posi-
tion. An injury in the line of duty, as used herein, shall be  construed
to  mean  an  injury  which is incurred as a direct result of the lawful
performance of the duties of the position.  In  determining  whether  an
injury  was  received in the line of duty, such commission shall require
the head of the agency by which the employee is employed to certify that
the injury was received as a direct result of the lawful performance  of
the  employee's duties; and (5) the spouse of a veteran with one hundred
percent service connected disability shall be deemed to be sixty  months
earlier  than  the  actual  date,  determined in accordance with section
thirty of the general construction law, provided, the  spouse  is  domi-
ciled  with  the  veteran-spouse  and is the head of the household. This
section shall not be construed as conferring any additional benefit upon
such employee other than a preference in retention. Such employee  shall

S. 5771                             9

be  subject  to  transfer  upon the abolition of his function within his
agency or department.
  S 9. Section 86 of the civil service law, as amended by chapter 283 of
the laws of 1972, is amended to read as follows:
  S 86. Transfer  of veterans or exempt volunteer firemen upon abolition
of positions. If the position in the non-competitive  or  in  the  labor
class  held  by  any honorably discharged veteran of the armed forces of
the United States who served therein  in  time  of  war  as  defined  in
section  eighty-five  of this chapter, or by an exempt volunteer fireman
as defined in the general municipal law, shall become unnecessary or  be
abolished  for reasons of economy or otherwise, the honorably discharged
veteran or exempt volunteer fireman holding such position shall  not  be
discharged from the public service but shall be transferred to a similar
position  wherein  a  vacancy exists, and shall receive the same compen-
sation therein.  It is hereby made the duty of all persons clothed  with
the  power of appointment to make such transfer effective.  The right to
transfer herein conferred shall  continue  for  a  period  of  one  year
following  the  date  of abolition of the position, and may be exercised
only where a vacancy exists in an appropriate position to which transfer
may be made at the time of demand for transfer.  Where the positions  of
more than one such veteran or exempt volunteer fireman are abolished and
a  lesser number of vacancies in similar positions exist to which trans-
fer may be made, the veterans or exempt volunteer  firemen  whose  posi-
tions  are  abolished shall be entitled to transfer to such vacancies in
the order of their original appointment in the service.  Nothing in this
section shall be construed to apply to the position  of  private  secre-
tary,  cashier  or  deputy of any official or department.  [This section
shall have no application to persons encompassed by section eighty-a  of
this chapter.]
  S  10.  Paragraph  (a)  of  subdivision  3 of section 131 of the civil
service law, as amended by chapter 733 of the laws of 1979,  is  amended
to read as follows:
  (a)  If  such  an employee is demoted, or displaced to a position in a
lower grade pursuant to [sections] SECTION eighty [or eighty-a] of  this
chapter,  or  is appointed, transferred or reinstated to a position in a
lower grade, he shall, upon such  demotion,  displacement,  appointment,
transfer,  or  reinstatement,  receive  the  rate  of compensation which
corresponds with the number of  annual  increments  and  the  percentage
value  of  performance  advances  actually received in the salary grades
from which and to which he is demoted, displaced, appointed, transferred
or reinstated, as the case may be.
  S 11. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
13 of section 3556 of the public authorities law, as added by chapter  5
of the laws of 1997, are amended to read as follows:
  (e) Notwithstanding any other provision of this title, the corporation
may  disqualify for reinstatement and remove from a  reemployment roster
the name of any otherwise eligible person who, by reason of physical  or
mental  incapacity,  is found to be unable to satisfactorily perform the
duties of the position for which such roster has  been  established,  or
who has engaged in such misconduct as would warrant his or her dismissal
from public employment, except that a person who is not completely phys-
ically incapacitated and who is suspended or demoted pursuant to section
eighty  [or  eighty-a] of the civil service law because his or her posi-
tion has been abolished or reduced,  but  who  is  certified  for  rein-
statement  to  any position having the same physical requirements as the
position from which such person was suspended or demoted, shall  not  be

S. 5771                            10

disqualified because of his or her incapacity, unless upon medical exam-
ination  his  or  her incapacity has worsened to a degree that he or she
would not be able to satisfactorily perform in such position. No  person
shall  be  disqualified pursuant to this subdivision unless he or she is
first given a written statement of the reasons therefor and an  opportu-
nity  to  be  heard  at  a  hearing  at which satisfactory proof of such
reasons must be established by appropriate evidence, and at  which  such
person  may  present  independent  evidence and be entitled to represen-
tation by counsel. The corporation shall designate a person to hold such
hearing and report thereon.
  (f) Eligibility for appointment of an employee whose name appears on a
redeployment list shall terminate at such time as the employee is  rede-
ployed  pursuant  to the provisions of this section to a position in the
same salary grade as  the  position  from  which  he  or  she  has  been
suspended  or  demoted,  or has exercised his or her reemployment rights
pursuant to the provisions of section eighty-one or eighty-one-a of  the
civil  service  law, provided, however, that eligibility for appointment
shall terminate no later than six months  following  the  suspension  or
demotion  of  such employee in accordance with the provisions of section
eighty [or eighty-a] of the civil service law.    Upon  such  employee's
suspension  or  demotion,  the  corporation shall place the name of such
employee upon a preferred list, and a reemployment roster, as  appropri-
ate,  in  accordance  with  the  provisions of subdivision eight of this
section.
  S 12. This act shall take effect immediately.

S5771A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8291A
Law Section:
Civil Service Law
Laws Affected:
Amd §§80, 78, 79, 81, 81-a, 81-b, 85, 86 & 131, rpld §80-a, Civ Serv L; amd §3556, Pub Auth L

S5771A (ACTIVE) - Bill Texts

view summary

Relates to suspension or demotion upon the abolition or reduction of positions for labor class and noncompetitive titles.

view sponsor memo
BILL NUMBER:S5771A

TITLE OF BILL:
An act
to amend the civil service law and the public authorities law, in
relation to suspension or demotion upon the abolition or reduction of
positions for labor class and noncompetitive titles; and to repeal
section 80-a of the civil service law relating thereto

PURPOSE:
This bill intends to provide equal reduction in force and recall
provisions to permanently appointed employees appointed to
Competitive, Non-Competitive, and Labor Jurisdictional Classification
at all levels of State and local government

SUMMARY OF PROVISIONS:
This bill amends subdivision 1, 1-a, 1-b, 1-c, 2, 6, 7, and 9 of
Section 3D; repeals Section 80-a; amends Subdivision 1 of Section 81;
amends Subdivision 1, and 5 of Section 81-a; amends Subdivision 1 of
Section 81-b and amends subdivision 7 of Section 35 of the Civil
Service Law.

EXISTING LAW:
Section 80 currently provides reduction in force provisions for
permanent employees occupying competitive jurisdictional class
positions.

Section 80-a provides reduction in force protection for State
Executive Branch employees who are appointed permanently in positions
designated in the Non-Competitive Jurisdictional Classification.
These provisions do not currently apply to local government employees.

Currently there is no provision in the New York State Civil Service
Law that covers employees who are permanently appointed to positions
designated by the Local Government Classified Civil Service Rules as
in the Labor Jurisdictional Classification.

Sections 81, 81-a, and 81-b currently provide preferred list,
certification and reinstatement provisions for employees who were
displaced from State or local government competitive class positions
and State executive branch employees who were displaced from
Non-Competitive Class positions.

Section 85 currently provides preference in retention during State and
local government reductions in force. This section also provides
preference in retention for certain employees who are permanently
appointed to noncompetitive class positions in the State's Executive
Branch only.
Impact on State and Local Government Civil Service Rules and
Regulations:

This bill will require the State and Local civil Service
administrations to adopt new or revise current provisions of their
Rules for the Classified Service regarding reduction in force
procedures.


The State Executive Branch and many but not all local government
employers already provide at least some reduction in force and or
recall procedures and protections to employees in the Non-Competitive
and Labor Jurisdictional Classification. This protection is typically
provided via collective bargaining agreements, which currently exist
between certain local government employers and employees represented
by labor unions.

JUSTIFICATION:
The New York State Constitution (Article V Section 6) provides for the
filling of State and Local Government positions via merit and fitness
to be ascertained as far as practicable by competitive examination.
Positions included in this group are classified in the Competitive
Jurisdictional Classification, (Section 44 NYS Civil Service Law).

State and Local government Civil Service Administrations are also
permitted to designate certain positions in the Non-Competitive
(Section 42) and Labor (Section 43) jurisdictional classifications if
the positions meet certain classification qualifications.

In the event of the need to reduce positions in the State Executive
Branch or Local Governments the Section 80 of the New York State
Civil Service Law provides a system of reduction in force that
affects permanently appointed employees occupying positions in the
competitive class.
Also Section 80-a of the Civil Service Law provides reduction in force
provisions for permanently appointed employees occupying
Non-Competitive Class positions in the State Executive Branch only.

There is no statutory provision that provides this protection to
employees in the Labor Class.

Sections 81, 81-a, and 81-b of the Civil Service Law provides a method
of recall via various preferred hiring lists containing the names of
those employees who have been displaced from their permanent positions.
These recall lists also apply to non-competitive class employees
displaced from State Executive Branch positions only.

Section 85 provides permanently appointed in the competitive class and
certain non-competitive class positions in the State Executive Branch
only.

Employees who are appointed permanently to public sector positions
dedicate themselves to public service and as such deserve to be
treated with dignity and respect in the unfortunate event of a
reduction in force.

Reduction in Force provisions that cover public sector positions
should not be restricted to the Competitive Class or the
Non-Competitive class in only the State's Executive Branch. These
protections should be extended to cover all employees who are
appointed permanently to a position in the Competitive,
Non-Competitive or Labor Jurisdictional Classifications.

When the State and or Local Governments decide to fill vacancies after
a reduction in force has occurred, permanent employees who were
displaced


via the reduction in force should be given preference in filling these
vacancies before any other eligible list (in the case of the
Competitive Class) eligible or other non-competitive class candidates
are appointed.

This bill sets up the current reduction in force and recall procedure
for non-competitive and labor class employees who work for the State
Executive Branch or a local government employer.

The application of these protections to Non-Competitive and Labor
class employees in State and Local governments are long overdue.

There are no logical reasons to continue this inequity. The passage
and implementation of this bill will provide New York State and Local
Governments with a uniform and orderly approach to reducing the
workforce and in the rehiring methods used by using length of service
as a determining factor.

Employees who have longer permanent service with their employer should
have greater retention rights than those employees who are
subsequently hired to positions in the same title. Length of
permanent service should be recognized in rimes of reductions in
force and the rehiring.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5771--A
    Cal. No. 1004

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 15, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee on Civil Service and Pensions in accordance with Senate
  Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the civil service law and the public authorities law, in
  relation to suspension or demotion upon the abolition or reduction  of
  positions  for  labor  class  and noncompetitive titles; and to repeal
  section 80-a of the civil service law relating thereto

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

  Section  1. Subdivisions 1, 1-a, 1-b, 1-c, 2, 6, 7 and 9 of section 80
of the civil service law, subdivision 1 as amended  and  subdivisions  6
and  7  as  added by chapter 283 of the laws of 1972, subdivision 1-a as
added by chapter 312 of the laws of 1976, subdivision 1-b  as  added  by
chapter 653 of the laws of 1978, subdivision 1-c as added by chapter 334
of the laws of 1994, subdivision 2 as amended by chapter 376 of the laws
of  1977,  subdivisions 6 and 7 as renumbered by chapter 360 of the laws
of 1985, and subdivision 9 as added by chapter 470 of the laws of  1988,
are amended to read as follows:
  1. Suspension or demotion. Where, because of economy, consolidation or
abolition  of  functions,  curtailment of activities or otherwise, posi-
tions in the competitive, NONCOMPETITIVE, OR LABOR class  are  abolished
or  reduced in rank or salary 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 classified service in the service of the  governmental  jurisdic-
tion  in  which such abolition or reduction of positions occurs, subject
to the provisions of subdivision seven of section  eighty-five  of  this
chapter; provided, however, that the date of original appointment of any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13023-03-2

S. 5771--A                          2

such  incumbent  who  was  transferred to such governmental jurisdiction
from another governmental jurisdiction upon the  transfer  of  functions
shall  be  the  date of original appointment on a permanent basis in the
classified  service in the service of the governmental jurisdiction from
which such transfer was made. Notwithstanding  the  provisions  of  this
subdivision,  however,  upon  the abolition or reduction of positions in
the competitive, NONCOMPETITIVE OR LABOR class, incumbents  holding  the
same  or  similar  positions  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.
  1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
section,  the members of a police or paid fire department in the city of
Buffalo shall be subject to the following procedure. Where,  because  of
economy,  consolidation or abolition of functions, curtailment of activ-
ities or otherwise, positions  in  the  competitive,  NONCOMPETITIVE  OR
LABOR class are abolished or reduced in rank or salary 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
in  the  competitive class, incumbents holding the same or similar posi-
tions who  have  not  completed  their  probationary  service  shall  be
suspended  or  demoted,  as the case may be, before any permanent incum-
bents, and among such probationary employees the order of suspension  or
demotion  shall be determined as if such employees were permanent incum-
bents.
  1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this
section,  employees  of  secure  detention facilities in the city of New
York and of the alternatives to secure detention facilities  program  in
such city who are performing functions which were assumed by the depart-
ment  of  social  services  of  the city of New York on the tenth day of
November, nineteen hundred seventy-one and  who,  upon  such  assumption
were  transferred  to said department, shall be subject to the following
procedure. Where, because of  economy,  consolidation  or  abolition  of
function,  curtailment  of  activities  or  otherwise,  positions in the
competitive, NONCOMPETITIVE OR LABOR class are abolished, or reduced  in
rank  or salary 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 clas-
sified service 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;
provided, however, that if any person so employed and so transferred was
employed  on  a permanent basis in such a facility or such program prior
to the thirtieth day of  December,  nineteen  hundred  sixty-seven,  for
purposes  of this subdivision regarding priority of retention and for no
other purpose, the date of original appointment of any such person shall
be deemed to be the date such permanent employment  commenced  prior  to
the said thirtieth day of December, nineteen hundred sixty-seven.
  1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this
section, sworn employees of the Monroe county sheriff's department shall

S. 5771--A                          3

be subject to  the  following  procedure.  Where,  because  of  economy,
consolidation  or  abolition  of  function, curtailment of activities or
otherwise, positions in the competitive, NONCOMPETITIVE OR  LABOR  class
are  abolished,  or  reduced  in  rank  or  salary  grade, suspension or
demotion, as the case may be, among incumbents holding the same or simi-
lar 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 govern-
mental jurisdiction in which such abolition or  reduction  of  positions
occurs, subject to the provisions of subdivision seven of section eight-
y-five  of  this  chapter;  provided,  however,  that  if  any person so
employed was employed in such person's current title prior to the  first
day of April, nineteen hundred ninety-three, for purposes of this subdi-
vision  regarding  priority  of  retention and for no other purpose, the
date of original appointment of any such person shall be  deemed  to  be
the date such employment commenced prior to the said first day of April,
nineteen hundred ninety-three.
  2.  Continuous  service.  Except as otherwise provided herein, for the
purposes of this section the original appointment of an incumbent  shall
mean the date of his first appointment on a permanent basis in the clas-
sified  service followed by continuous service in the classified service
on a permanent basis up to the time of the abolition or reduction of the
competitive, NONCOMPETITIVE OR LABOR class positions.  An  employee  who
has  resigned  and who has been reinstated or reappointed in the service
within one year thereafter shall, for the purposes of this  section,  be
deemed  to  have continuous service. An employee who has been terminated
because of a disability resulting from occupational injury or disease as
defined in the workmen's compensation law and who has been reinstated or
reappointed in the service thereafter shall be deemed to have continuous
service. A period of employment on a temporary or provisional basis,  or
in the unclassified service, immediately preceded and followed by perma-
nent  service  in the classified service, shall not constitute an inter-
ruption of continuous service for the  purposes  of  this  section;  nor
shall  a  period  of leave of absence without pay pursuant to law or the
rules of the civil service commission having jurisdiction, or any period
during which an employee is suspended from his position pursuant to this
section, constitute  an  interruption  of  continuous  service  for  the
purposes of this section.
  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  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 positions in the same lay-off unit in the
next  lower  occupied  title  in  direct  line of promotion 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
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

S. 5771--A                          4

such former title was satisfactory and (2) the position  of  the  junior
incumbent  is in (a) the competitive, NONCOMPETITIVE 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.
  7. Displacement in the state service. A permanent incumbent of a posi-
tion in the state service in a specific title to which there is a direct
line  of  promotion  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 positions in the same layoff unit in the
next lower occupied title in direct  line  of  promotion  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 the state service 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 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, NONCOMPETITIVE 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 state civil service commission shall promulgate
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, 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 suspension or demotion pursuant to subdivision one of this
section.

S. 5771--A                          5

  9.  Certain  suspensions  or  demotions  in the city of Niagara Falls.
Notwithstanding the provisions of subdivision one of this  section,  the
members  of a paid fire department in the city of Niagara Falls shall be
subject to the following procedure. Where, because of  economy,  consol-
idation  or  abolition of functions, curtailment of activities or other-
wise, positions in the competitive class are  abolished  or  reduced  in
rank  or salary 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.  Notwithstand-
ing  the  provisions of this subdivision, however, upon the abolition or
reduction of positions  in  the  competitive,  NONCOMPETITIVE  OR  LABOR
class,  incumbents  holding  the  same or similar positions who have not
completed their probationary service shall be suspended or  demoted,  as
the  case may be, before any permanent incumbents, and among such proba-
tionary employees the order of suspension or demotion  shall  be  deter-
mined as if such employees were permanent incumbents.
  S 2. Section 80-a of the civil service law is REPEALED.
  S  3.  Subdivisions 2 and 4 of section 78 of the civil service law, as
added by chapter 29 of the laws of 1996, are amended to read as follows:
  2. Order of certification of names from transfer list. a. The names of
persons on a transfer list established to fill  vacancies  in  the  same
position  or  a  position in a lower grade in line of promotion shall be
certified therefrom in the order  of  their  original  appointments,  in
accordance  with the provisions of subdivision three of section eighty[,
subdivision three of section eighty-a] and subdivision seven of  section
eighty-five of this chapter.
  b.  The names of persons on a transfer list established to fill vacan-
cies in a comparable position shall be certified  therefrom  with  equal
ranking for appointment.
  4.  Relative  seniority.  Where a preferred list exists containing the
names of persons who have been suspended or demoted from a  position  in
the  same  title  to  which  an  appointment is to be made, the relative
seniority, determined in accordance with the provisions  of  subdivision
three  of  section  eighty[,  subdivision three of section eighty-a] and
subdivision seven of section eighty-five of this chapter, of the  person
certified first on such preferred list willing to accept appointment and
the  person  certified  first  on  the  transfer  list willing to accept
appointment shall be compared and the person with the greater  seniority
shall be certified first.
  S 4. Paragraphs a, b and e of subdivision 1 of section 79 of the civil
service law, as added by chapter 315 of the laws of 1995, are amended to
read as follows:
  a.  Where,  and to the extent that, an agreement between the state and
an employee organization entered into pursuant to  article  fourteen  of
this  chapter  so  provides, upon notification to the department that an
employee in the state service is to be suspended or demoted  in  accord-
ance with the provisions of section eighty [or eighty-a] of this article
by reason of the state's exercise of its right to contract out for goods
and  services,  and  receipt  of  the  information  required pursuant to
section eighty-one-a of this article for purposes of establishing  reem-
ployment  rosters,  at  least  ninety  days  prior  to the suspension or
demotion of an affected employee, the department shall place the name of
the employee upon a redeployment list. Such redeployment list  shall  be

S. 5771--A                          6

certified  for  filling positions in the same title or in any comparable
title, as determined by the department,  before  certification  is  made
from  any  other eligible list, placement roster, reemployment roster or
preferred list.  The director of state operations is authorized to rede-
ploy such employees to positions in appointing authorities of the execu-
tive branch. The department may extend the right to be placed on a rede-
ployment  list,  in  accordance  with the provisions of this section, to
employees not subject to the provisions of such agreement.
  b. Orders of certification of names from a  redeployment  list.    The
names of persons on a redeployment list shall be certified therefrom for
appointment  in  the order of their original appointments, in accordance
with the provisions of subdivision three of section eighty [and subdivi-
sion three of section eighty-a] of this article.
  e.  Termination  of  eligibility  for  appointment.  Eligibility   for
appointment  of  an  employee  whose name appears on a redeployment list
shall terminate at such time as the employee is redeployed  pursuant  to
the provisions of this section to a position in the same salary grade as
the  position from which he or she has been suspended or demoted, or has
exercised his or her reemployment rights pursuant to the  provisions  of
section  eighty-one  or eighty-one-a of this article, provided, however,
that eligibility for appointment  shall  terminate  no  later  than  six
months  following the suspension or demotion of such employee in accord-
ance with the provisions of section eighty [or eighty-a] of  this  arti-
cle.  Upon  such employee's suspension or demotion, the department shall
place the name of such employee upon a preferred list, and  a  reemploy-
ment  roster,  as  appropriate,  in  accordance  with  the provisions of
sections eighty-one and [eight-one-a] EIGHTY-ONE-A of this article.
  S 5. Subdivision 1 of section 81 of the civil service law, as  amended
by chapter 152 of the laws of 2011, is amended to read as follows:
  1.  Establishment  of preferred lists; general provisions. The head of
any department, office or institution in which an employee is  suspended
or  demoted  in  accordance  with  the  provisions of [sections] SECTION
eighty [and eighty-a] of this  title  shall,  upon  such  suspension  or
demotion,  furnish  the  state  civil  service department or appropriate
municipal commission, as the case may be, a statement showing his  name,
title  or  position, date of appointment, and the date of and reason for
suspension or demotion. It shall be  the  duty  of  such  civil  service
department  or  commission,  as  the case may be, forthwith to place the
name of such employee upon a preferred list, together  with  others  who
may have been suspended or demoted from the same or similar positions in
the  same jurisdictional class, and to certify such list, as hereinafter
provided, for filling vacancies in the same jurisdictional class; first,
in the same or similar position; second, in  any  position  in  a  lower
grade  in line of promotion; and third, in any comparable position. Such
preferred list shall be certified for filling  a  vacancy  in  any  such
position  before  certification is made from any other list, including a
promotion eligible list, notwithstanding  the  fact  that  none  of  the
persons  on  such  preferred  list  was suspended from or demoted in the
department or suspension and demotion unit in which such vacancy exists.
No other name shall be certified from any other list for any such  posi-
tion  until  such preferred list is exhausted. The eligibility for rein-
statement of a person whose name appears  on  any  such  preferred  list
shall  not continue for a period longer than four years from the date of
separation or demotion.  An  employee  whose  name  was  placed  on  the
preferred list and at the time of such placement was on active duty with
the  armed  forces of the United States, as pursuant to title ten, four-

S. 5771--A                          7

teen or thirty-two of the United States code, shall not be eligible  for
employment  reinstatement  for a period longer than four years after the
date of termination of military duty.
  S  6.  Subdivisions  1 and 5 of section 81-a of the civil service law,
subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi-
sion 5 as added by chapter 239 of the laws of 1992, are amended to  read
as follows:
  1. Establishment of reemployment rosters in the state service; general
provisions. The head of any department, office or institution from which
an  employee  in  the  state  service  is  to be suspended or demoted in
accordance with the provisions of section eighty [or eighty-a]  of  this
article,  shall,  at  least  twenty  days  prior  to  such suspension or
demotion, furnish the state civil service department  with  a  statement
showing  such  employee's  name, title or position, date of appointment,
and the date of and reason for suspension or demotion. Upon such employ-
ee's suspension or demotion, it shall be the duty of the  department  to
place  the  name of such employee upon a reemployment roster for filling
vacancies in any comparable position as determined  by  the  department,
except  that  employees  suspended or demoted from positions in the non-
competitive and labor classes may not be certified to fill vacancies  in
the  competitive  class. Such reemployment roster shall be certified for
filling a vacancy in any such position before certification is made from
any other list, including a promotion eligible list, but not prior to  a
preferred  list.  Eligibility  for  reinstatement of a person whose name
appears on any such reemployment roster shall not continue for a  period
longer than four years from the date of suspension or demotion provided,
however, in no event shall eligibility for reinstatement  from  a  reem-
ployment roster continue once the person is no longer eligible for rein-
statement from a preferred list.
  5. Notwithstanding any other provision of this chapter, the department
may  disqualify for reinstatement and remove from a  reemployment roster
the name of any otherwise eligible person who, by reason of physical  or
mental  incapacity,  is found to be unable to satisfactorily perform the
duties of the position for which such roster has  been  established,  or
who has engaged in such misconduct as would warrant his or her dismissal
from public employment, except that a person who is not completely phys-
ically incapacitated and who is suspended or demoted pursuant to section
eighty  [or  eighty-a]  of  this article because his or her position has
been abolished or reduced, but who is certified for reinstatement to any
position having the same physical  requirements  as  the  position  from
which  such  person  was suspended or demoted, shall not be disqualified
because of his or her incapacity, unless upon medical examination his or
her incapacity has worsened to a degree that he or she would not be able
to satisfactorily perform in such position. No person shall be disquali-
fied pursuant to this subdivision unless he or  she  is  first  given  a
written statement of the reasons therefor and an opportunity to be heard
at  a hearing at which satisfactory proof of such reasons must be estab-
lished by appropriate evidence, and at which  such  person  may  present
independent  evidence  and be entitled to representation by counsel. The
department shall designate a person to  hold  such  hearing  and  report
thereon.
  S  7.  Subdivision  1  of  section  81-b  of the civil service law, as
amended by chapter 140 of the laws  of  1993,  is  amended  to  read  as
follows:
  1.  Establishment  of  placement rosters in the state service; general
provisions.   The head of any department,  office  or  institution  from

S. 5771--A                          8

which  an employee in the state service is to be suspended or demoted in
accordance with the provisions of section eighty [or eighty-a]  of  this
article,  shall, no later than the date on which he or she furnishes the
state  civil  service  department with the employee information required
pursuant to section eighty-one-a of this article for purposes of  estab-
lishing reemployment rosters, furnish the state civil service department
with  a  statement showing such employee's name, title or position, date
of appointment, and the anticipated date of and reason for suspension or
demotion. Upon receiving such information, it shall be the duty  of  the
department forthwith to place the name of such employee upon a placement
roster  for  filling  vacancies  in  the same title or in any comparable
position  as  determined  by  the  department,  except  that   employees
suspended  or  demoted  from  positions in the non-competitive and labor
classes may not be certified to fill vacancies in the competitive class.
Such placement roster shall be certified for filling a  vacancy  in  any
such  position before certification is made from any other list, includ-
ing a promotion eligible list, but not prior to a preferred  list  or  a
reemployment  roster.  Eligibility  for appointment of an employee whose
name appears on any such placement roster shall terminate at  such  time
as  the  employee  is  suspended  or  demoted  in  accordance  with  the
provisions of section eighty [or eighty-a] of this article.   Upon  such
employee's  suspension  or demotion, the department shall place the name
of such employee upon a preferred list, and  a  reemployment  roster  as
appropriate,  in  accordance  with the provisions of sections eighty-one
and eighty-one-a of this article.
  S 8. Subdivision 7 of section 85 of the civil service law, as  amended
by chapter 532 of the laws of 1976, is amended to read as follows:
  7.  Preference  in  retention  upon the abolition of positions. In the
event of the abolition or elimination  of  any  position  in  the  civil
service  [for  which  eligible lists are established or any position the
incumbent of which is encompassed by section eighty-a of this  chapter],
any  suspension,  demotion  or displacement shall be made in the inverse
order of the date of original appointment in the service subject to  the
following  conditions:  (1)  blind  employees  shall be granted absolute
preference in retention; (2) the date of such original  appointment  for
disabled  veterans  shall  be deemed to be sixty months earlier than the
actual date, determined in accordance with section thirty of the general
construction law; (3) the date of such original appointment for non-dis-
abled veterans shall be deemed to be  thirty  months  earlier  than  the
actual date, determined in accordance with section thirty of the general
construction law; (4) no permanent competitive class employee subject to
the jurisdiction of the civil service commission of the city of New York
who  receives  an  injury  in the line of duty, as defined in this para-
graph, which  requires  immediate  hospitalization,  and  which  is  not
compensable  through workmen's compensation may be suspended, demoted or
displaced pursuant to section eighty of this chapter within three months
of the date  of  his  confinement,  provided  that  medical  authorities
approved  by such commission shall certify that the employee is not able
to perform the duties of  his  position;  provided  further,  that  such
three-month  period  may  be  extended by such commission for additional
periods not to exceed one year each upon the  certification  of  medical
authorities  selected  by  such  commission  that  the employee is, as a
result of his injury, still not able to perform the duties of his  posi-
tion.  An injury in the line of duty, as used herein, shall be construed
to mean an injury which is incurred as a direct  result  of  the  lawful
performance  of  the  duties  of the position. In determining whether an

S. 5771--A                          9

injury was received in the line of duty, such commission  shall  require
the head of the agency by which the employee is employed to certify that
the  injury was received as a direct result of the lawful performance of
the  employee's duties; and (5) the spouse of a veteran with one hundred
percent service connected disability shall be deemed to be sixty  months
earlier  than  the  actual  date,  determined in accordance with section
thirty of the general construction law, provided, the  spouse  is  domi-
ciled  with  the  veteran-spouse  and is the head of the household. This
section shall not be construed as conferring any additional benefit upon
such employee other than a preference in retention. Such employee  shall
be  subject  to  transfer  upon the abolition of his function within his
agency or department.
  S 9. Section 86 of the civil service law, as amended by chapter 283 of
the laws of 1972, is amended to read as follows:
  S 86. Transfer of veterans or exempt volunteer firemen upon  abolition
of  positions. If  the  position  in the non-competitive or in the labor
class held by any honorably discharged veteran of the  armed  forces  of
the  United  States  who  served  therein  in  time of war as defined in
section eighty-five of this [chapter] ARTICLE, or by an exempt volunteer
fireman as defined in the general municipal law, shall  become  unneces-
sary  or be abolished for reasons of economy or otherwise, the honorably
discharged veteran or exempt volunteer  fireman  holding  such  position
shall not be discharged from the public service but shall be transferred
to  a  similar  position wherein a vacancy exists, and shall receive the
same compensation therein.  It is hereby made the duty  of  all  persons
clothed  with  the power of appointment to make such transfer effective.
The right to transfer herein conferred shall continue for  a  period  of
one  year  following  the  date of abolition of the position, and may be
exercised only where a vacancy exists  in  an  appropriate  position  to
which  transfer  may  be made at the time of demand for transfer.  Where
the positions of more than one such veteran or exempt volunteer  fireman
are  abolished  and  a  lesser  number of vacancies in similar positions
exist to which transfer may be made, the veterans  or  exempt  volunteer
firemen  whose  positions are abolished shall be entitled to transfer to
such vacancies in  the  order  of  their  original  appointment  in  the
service.    Nothing  in  this section shall be construed to apply to the
position of private secretary, cashier or  deputy  of  any  official  or
department.    [This section shall have no application to persons encom-
passed by section eighty-a of this chapter.]
  S 10. Paragraph (a) of subdivision 3  of  section  131  of  the  civil
service  law,  as amended by chapter 733 of the laws of 1979, is amended
to read as follows:
  (a) If such an employee is demoted, or displaced to a  position  in  a
lower  grade pursuant to [sections] SECTION eighty [or eighty-a] of this
chapter, or is appointed, transferred or reinstated to a position  in  a
lower  grade,  he  shall, upon such demotion, displacement, appointment,
transfer, or reinstatement,  receive  the  rate  of  compensation  which
corresponds  with  the  number  of  annual increments and the percentage
value of performance advances actually received  in  the  salary  grades
from which and to which he is demoted, displaced, appointed, transferred
or reinstated, as the case may be.
  S 11. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
13  of section 3556 of the public authorities law, as added by chapter 5
of the laws of 1997, are amended to read as follows:
  (e) Notwithstanding any other provision of this title, the corporation
may disqualify for reinstatement and remove from a  reemployment  roster

S. 5771--A                         10

the  name of any otherwise eligible person who, by reason of physical or
mental incapacity, is found to be unable to satisfactorily  perform  the
duties  of  the  position for which such roster has been established, or
who has engaged in such misconduct as would warrant his or her dismissal
from public employment, except that a person who is not completely phys-
ically incapacitated and who is suspended or demoted pursuant to section
eighty  [or  eighty-a] of the civil service law because his or her posi-
tion has been abolished or reduced,  but  who  is  certified  for  rein-
statement  to  any position having the same physical requirements as the
position from which such person was suspended or demoted, shall  not  be
disqualified because of his or her incapacity, unless upon medical exam-
ination  his  or  her incapacity has worsened to a degree that he or she
would not be able to satisfactorily perform in such position. No  person
shall  be  disqualified pursuant to this subdivision unless he or she is
first given a written statement of the reasons therefor and an  opportu-
nity  to  be  heard  at  a  hearing  at which satisfactory proof of such
reasons must be established by appropriate evidence, and at  which  such
person  may  present  independent  evidence and be entitled to represen-
tation by counsel. The corporation shall designate a person to hold such
hearing and report thereon.
  (f) Eligibility for appointment of an employee whose name appears on a
redeployment list shall terminate at such time as the employee is  rede-
ployed  pursuant  to the provisions of this section to a position in the
same salary grade as  the  position  from  which  he  or  she  has  been
suspended  or  demoted,  or has exercised his or her reemployment rights
pursuant to the provisions of section eighty-one or eighty-one-a of  the
civil  service  law, provided, however, that eligibility for appointment
shall terminate no later than six months  following  the  suspension  or
demotion  of  such employee in accordance with the provisions of section
eighty [or eighty-a] of the civil service law.    Upon  such  employee's
suspension  or  demotion,  the  corporation shall place the name of such
employee upon a preferred list, and a reemployment roster, as  appropri-
ate,  in  accordance  with  the  provisions of subdivision eight of this
section.
  S 12. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.