senate Bill S7226A

2013-2014 Legislative Session

Relates to establishing procedures for the order of suspension or demotion of employees in certain occupations

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Archive: Last Bill Status Via A9540 - Vetoed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 tabled
vetoed memo.551
Dec 05, 2014 delivered to governor
Jun 11, 2014 returned to assembly
passed senate
3rd reading cal.802
substituted for s7226a
Jun 11, 2014 substituted by a9540a
May 28, 2014 amended on third reading 7226a
May 21, 2014 advanced to third reading
May 20, 2014 2nd report cal.
May 19, 2014 1st report cal.802
May 06, 2014 referred to civil service and pensions

Votes

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May 19, 2014 - Civil Service and Pensions committee Vote

S7226
8
0
committee
8
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 19, 2014

aye wr (3)

Bill Amendments

Original
A (Active)
Original
A (Active)

S7226 - Bill Details

See Assembly Version of this Bill:
A9540A
Law Section:
Civil Service Law
Laws Affected:
Amd §80, Civ Serv L

S7226 - Bill Texts

view summary

Establishes procedures for the order of suspension or demotion of employees in certain occupations.

view sponsor memo
BILL NUMBER:S7226

TITLE OF BILL: An act to amend the civil service law, in relation to
suspension or demotion upon the abolition or reduction of positions

PURPOSE: This bill will allow all therapists employed by the City
School District of the City of New York prior to January 1, 2014 to
retain their years of service for retention purposes.

SUMMARY OF PROVISIONS: A new subsection 1-f is added to section 80 of
the civil service law to allow all occupational and physical
therapists who are presently employed by the City School District of
the City of new York and who were so employed by the City of New York
and who were so employed prior to January 1, 2014 as provisional
employees, for the purpose of priority of retention and for no other
purpose, to have their date of original appointment be deemed the date
such employment began prior to January 1, 2014.

JUSTIFICATION: The City School District of the City of New York had
not, prior to December 31, 2013, given a civil service test for
occupational and physical therapists for at least 30 years. All
therapists working in the title of occupational therapist-BOE,
physical therapist-BOE, senior occupational therapist-BOE, senior
physical therapist-BOE or supervising therapist were professionals. A
test was finally given in December, 2013. Under section 80 of the
Civil Service Law, after January 1, 2014, if a layoff in any of these
titles were necessary, all such employees would receive no credit for
the years of service prior to 1/1/2014. This legislation would grant
them credit for all of their years of service in these titles for
retention purposes only. These employees should not lose the benefit
of all their years of service because the school district neglected to
give civil service examinations for thirty years.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  7226

                            I N  S E N A T E

                               May 6, 2014
                               ___________

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  suspension  or
  demotion upon the abolition or reduction of positions

  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-f to read as follows:
  1-F.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION, EMPLOYEES OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW  YORK,
APPOINTED TO THE TITLES OF OCCUPATIONAL THERAPIST-DOE OR PHYSICAL THERA-
PIST-DOE, SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE: WHERE, BECAUSE OF
ECONOMY,  CONSOLIDATION  OR ABOLITION OF FUNCTION, CURTAILMENT OF ACTIV-
ITIES 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 IF ANY PERSON SO EMPLOYED WAS  EMPLOYED  IN  THE
TITLE  OF  OCCUPATIONAL  THERAPIST-DOE,  PHYSICAL  THERAPIST-DOE, SENIOR
OCCUPATIONAL THERAPIST-DOE, SENIOR PHYSICAL THERAPIST-DOE OR SUPERVISING
THERAPIST PRIOR TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN,  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 EMPLOYMENT COMMENCED PRIOR  TO  THE  FIRST
DAY OF JANUARY, TWO THOUSAND FOURTEEN.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14988-01-4

S7226A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9540A
Law Section:
Civil Service Law
Laws Affected:
Amd §80, Civ Serv L

S7226A (ACTIVE) - Bill Texts

view summary

Establishes procedures for the order of suspension or demotion of employees in certain occupations.

view sponsor memo
BILL NUMBER:S7226A

TITLE OF BILL: An act to amend the civil service law, in relation to
suspension or demotion upon the abolition or reduction of positions

PURPOSE: This bill will allow all therapists employed by the City
School District of the City of New York prior to January 1, 2014 to
retain their years of service for retention purposes.

SUMMARY OF PROVISIONS: A new subsection 1-f is added to section 80 of
the civil service law to allow all occupational and physical
therapists who are presently employed by the City School District of
the City of new York and who were so employed by the City of New York
and who were so employed prior to January 1, 2014 as provisional
employees, for the purpose of priority of retention and for no other
purpose, to have their date of original appointment be deemed the date
such employment began prior to January 1, 2014.

JUSTIFICATION:The City School District of the City of New York had
not, prior to December 31, 2013, given a civil service test for
occupational and physical therapists for at least 30 years. All
therapists working in the title of occupational therapist-BOE,
physical therapist-BOE, senior occupational therapist-BOE, senior
physical therapist-BOE or supervising therapist were professionals. A
test was finally given in December, 2013. Under section 80 of the
Civil Service Law, after January 1, 2014, if a layoff in any of these
titles were necessary, all such employees would receive no credit for
the years of service prior to 1/1/2014. This legislation would grant
them credit for all of their years of service in these titles for
retention purposes only. These employees should not lose the benefit
of all their years of service because the school district neglected to
give civil service examinations for thirty years.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined.

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
________________________________________________________________________

                                 7226--A
    Cal. No. 802

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- 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, in relation to suspension or
  demotion upon the abolition or reduction of positions

  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-f to read as follows:
  1-F.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  EMPLOYEES OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,
APPOINTED TO THE TITLES OF OCCUPATIONAL THERAPIST-BOE OR PHYSICAL THERA-
PIST-BOE, SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE: WHERE, BECAUSE OF
ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTION, CURTAILMENT  OF  ACTIV-
ITIES 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  IF ANY PERSON SO EMPLOYED WAS EMPLOYED IN THE
TITLE OF  OCCUPATIONAL  THERAPIST-BOE,  PHYSICAL  THERAPIST-BOE,  SENIOR
OCCUPATIONAL THERAPIST-BOE, SENIOR PHYSICAL THERAPIST-BOE OR SUPERVISING
THERAPIST  PRIOR TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, 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 EMPLOYMENT COMMENCED PRIOR TO THE FIRST
DAY OF JANUARY, TWO THOUSAND FOURTEEN.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14988-03-4

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