senate Bill S7599

2013-2014 Legislative Session

Relates to suspension or demotion upon abolition or reduction of positions for labor class titles

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to civil service and pensions

S7599 - Bill Details

See Assembly Version of this Bill:
A7218
Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Amd ยง80, Civ Serv L
Versions Introduced in 2011-2012 Legislative Session:
A7780B, S7443

S7599 - Bill Texts

view summary

Relates to suspension or demotion upon abolition or reduction of positions for labor class titles; provides that an incumbent in titles in the labor class that have taken the exam and been promoted to the position of a permanent incumbent, who is suspended or displaced upon abolition or reduction in positions, shall displace incumbents serving in the next lower occupied title in the labor class.

view sponsor memo
BILL NUMBER:S7599

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

PURPOSE: Provides employees in labor class positions at all levels of
state and local government bump and retreat rights within the
workforce.

SUMMARY OF PROVISIONS: This bill amends subdivision 6 Section 80 to
provide bump and retreat rights for employees in labor class
positions.

JUSTIFICATION: This bill would provide labor class positions with the
same levels of protections with regard to bump and retreat rights as
the rest of th civil division within civil service. This bill would
level the playing field amongst all divisions of civil service and
provide equity and fairness amongst the civil service ranks.

LEGISLATIVE HISTORY: 2011: Passed Assembly 2012: Vetoed Memo 142

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately

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

                                  7599

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- 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 for labor  class
  titles

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

  Section 1. Subdivision 6 of section 80 of the civil  service  law,  as
added  by  chapter 283 of the laws of 1972 and renumbered by chapter 360
of the laws of 1985, is amended to read as follows:
  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, OR WHERE INCUMBENTS IN TITLES IN THE LABOR CLASS  WHO
HAVE  TAKEN  THE  EXAM  AND BEEN PROMOTED TO THE POSITION OF A PERMANENT
INCUMBENT  PURSUANT  TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  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 posi-
tions in the same lay-off unit in  the  next  lower  occupied  title  in
direct  line  of  promotion  OR IN THE TITLE IN THE LABOR CLASS IN WHICH
INCUMBENTS WERE EXTENDED THE OPPORTUNITY TO TAKE THE  PROMOTIONAL  EXAM-
INATION  FOR THE POSITION OF THE SUSPENDED OR DISPLACED PERMANENT INCUM-
BENT PURSUANT TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10697-01-3

S. 7599                             2

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  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.
  S 2. 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.