senate Bill S7075

2011-2012 Legislative Session

Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 06, 2012 advanced to third reading
Jun 05, 2012 2nd report cal.
Jun 04, 2012 1st report cal.1009
Apr 27, 2012 referred to civil service and pensions

Votes

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Jun 4, 2012 - Civil Service and Pensions committee Vote

S7075
10
0
committee
10
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Civil Service and Pensions Committee Vote: Jun 4, 2012

aye wr (2)

Co-Sponsors

S7075 - Bill Details

See Assembly Version of this Bill:
A9887
Current Committee:
Senate Rules
Law Section:
Civil Service Law
Laws Affected:
Amd §80, Civ Serv L

S7075 - Bill Texts

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Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions.

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BILL NUMBER:S7075

TITLE OF BILL:
An act to amend the civil service law, in relation to the calculation of
seniority for purposes of layoffs or demotions

PURPOSE:
The purpose of this proposed Bill is to amend § 80 of the New York State
Civil Service Law which pertains to suspension or demotion upon the
abolition or reduction of positions in the Civil Service as it applies
to any members of any police agency in the State other than those police
agencies already dealt with by §§ 1-a through 1-d of § 80. Specif-
ically, this amendment seeks to base demotions and/or reductions in
force on time in grade or title as opposed to time in the classified
service. This amendment would address a longstanding problem in the
police community, as witnessed by the fact that 4 police agencies (the
City of Buffalo Police and Fire Departments, employees of secure
detention facilities in the State of New York, sworn employees of the
Monroe County Sheriff's Department, and the Nassau County Police Depart-
ment) have already obtained passage of existing subdivisions 1-a through
1-d changing the measure from time in the classified service to time in
grade or title.

JUSTIFICATION:
Under the current law, suspensions or demotions in the Civil Service
upon the abolition or reduction of positions must be made based upon
seniority, with demotions or reductions in force to be made in "inverse
order of original appointment on a permanent basis in the classified
service" (CSL, § 80, § 1). The spirit of the law is to safeguard the
employment of those employees with the most time in the system, with the
general principle being "last in - first out". In the uniformed
services, this law can have a reverse effect essentially retaining
employees with shorter tenures in the civil service rank while demoting
those with longer tenures in rank. For example, a police officer with
ten years in rank as a Sergeant would have to be demoted before a police
officer with 1 year in rank as a Sergeant if the latter had more time in
the classified service. As mentioned above, several uniformed services
operations have recognized this inequity and obtained individual legis-
lative amendments to § 80 of the New York Civil Service Law requiring
said demotions and reductions to be made by "inverse order of original
appointment on a permanent basis in the grade or title". We believe that
this is the preferred and equitable method to handle these issues within
the context of the police community and that it should be adopted state-
wide, which this bill would do.

SUMMARY OF PROVISIONS:
This Bill would add a new subsection 1-e to §80 of the New York State
Civil Service Law to provide that in any police agency in the State of
New York other than those already dealt with in subsections 1-a through
1-d of § 80, demotions or reductions in staff upon the abolition or
reduction of positions would be made in 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
position occurs.

FISCAL IMPACT:
None.

EFFECTIVE DATE:
Immediately.

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

                                  7075

                            I N  S E N A T E

                             April 27, 2012
                               ___________

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 the calculation of
  seniority for purposes of layoffs or demotions

  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,  THE  SWORN  MEMBERS OF ANY POLICE AGENCY AS DEFINED IN SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, OTHER THAN POLICE  AGEN-
CIES  REFERRED  TO  IN  SUBDIVISIONS ONE-A THROUGH ONE-D OF THIS SECTION
SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE. WHERE, BECAUSE OF  ECONOMY,
CONSOLIDATION  OR  ABOLITION  OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR
OTHERWISE, 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;
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  CLASSI-
FIED  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 CLASS, INCUMBENTS
HOLDING  THE  SAME  OR  SIMILAR  POSITIONS  WHO HAVE NOT COMPLETED THEIR
PROBATIONARY SERVICES 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.
                                                           LBD15339-01-2

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