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

                                  9887

                          I N  A S S E M B L Y

                             April 20, 2012
                               ___________

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

AN ACT to amend the civil service law, in relation to 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