NY State Senate Bill 2015-S7944

Archive: Last Bill Status Via A10445 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.467
Nov 16, 2016	delivered to governor
Jun 17, 2016	returned to assembly passed senate 3rd reading cal.1977 substituted for s7944
Jun 17, 2016	substituted by a10445 ordered to third reading cal.1977 committee discharged and committed to rules
May 27, 2016	referred to civil service and pensions

Votes

- Jun 17, 2016 - Floor Vote
  A10445
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 17, 2016 - Rules Committee Vote
  S7944
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      LaValle
      
      Montgomery

co-Sponsors

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2015-S7944 (ACTIVE) - Details

See Assembly Version of this Bill:: A10445
Law Section:: Civil Service Law
Laws Affected:: Amd §65, Civ Serv L; amd §§3 & 5, Chap 5 of 2008; amd Part I §2, Chap 56 of 2008

2015-S7944 (ACTIVE) - Summary

Relates to civil service provisional employees; extends certain provisions.

2015-S7944 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7944

 TITLE OF BILL :

An act to amend the civil service law, in relation to provisional
employees of certain public employers; to amend chapter 5 of the laws
of 2008 amending the civil service law relating to provisional
employees of certain public employers, in relation to extensions of
certain negotiated agreements and extending the provisions of such
chapter; and to amend part I of chapter 56 of the laws of 2008
amending the civil service law relating to excess provisional
employees of a city having a population of one million or more, in
relation to extending the provisions thereof

 SUMMARY OF PROVISIONS :

Section 1 of the bill sets forth legislative findings, describing the
need to amend subdivision 5 of Civil Service Law § 65, added by
Chapter 5 of the Laws of 2008. Subdivision 5 provides for New York
City (the "City') and the other governmental entities whose civil
service appointments are managed by the City's Department of Citywide
Administrative Services (`DCAS', and such entities are referred to as
the DCAS employers"), to develop a plan to substantially comply with
the time periods permitted by subdivisions one through four of Civil
Service Law § 65 regarding provisional appointments. The City and the
DCAS employers have made significant progress in reducing the number

of their provisional employees, but aspects of the original plan
developed by DCAS could not be fully implemented during the period of
the plan's effective period and the two-year extension of the period
authorized by Chapter 284 of the Laws of 2014. A revision and
extension of such plan would now afford the City and the DCAS
employers the opportunity to implement further appropriate actions
while preserving the quality and effectiveness of governmental
operations.

Section 1 also sets forth legislative findings that the large number
of affected titles and employees, and the potential operational and
budgetary dislocation, as well as potential difficulties in labor
relations, that would be caused by rapid turnover in the many
remaining titles, require that the constitutional mandate be furthered
by unique means, limited to the situation presented, that go beyond
the simple extension or minor modification of previous plans. In
particular, thousands of provisional employees have crucial experience
in implementing and directing key initiatives that benefit the public.
Therefore, in addition to the substantial regimen of competitive
testing that was contained in previous plans as well as proposed
reclassification of titles where appropriate, DCAS is authorized to
administer an examination to provisional employees with specified
qualifications and experience. This examination, in the context of the
present plan, will facilitate lawful appointment of these employees to
permanent competitive class positions, and thereby accelerate the
transition of the DCA employers to a system that does not require
substantial use of provisional appointments.

Section 2 of the bill would add new paragraphs (c-2) and (c-3) to
Civil Service Law § 65(5). New paragraph (c-2) would authorize the
DCAS employers to administer a civil service examination exclusively
to incumbent employees who, at the time of application to take the
examination, have served provisionally in that title for two or more
years. If the employee taking the "qualified incumbent examination"
meets the minimum educational and other requirements set forth in the
notice of the examination, as established by the DCAS employers, the
DCAS employers would be authorized to appoint permanently an employee
with two or more years of provisional service from the list resulting
from the examination. Provisional service performed by an employee
during a period in which there existed an appropriate eligible list of
candidates for the title would not count toward the two-year service
provisional requirement, unless the list was inadequate to fill all
positions then held on a provisional basis or was exhausted
immediately after its establishment. Service in a temporary title
established pending proposed reclassification of a title would not
count toward the two-year provisional service requirement. The titles
for which DCAS could administer such a test to incumbent employees
would be limited to those expressly identified in Section 4 of the
bill. DCAS could not administer a qualified incumbent examination if
an open competitive or promotional examination for the title has
already been administered and a list is awaiting establishment or
there exists an established list resulting from the examination with
three or more candidates that are certifiable to the agency with the
provisionals.  Any list resulting from a promotional examination for a
title would have to be exhausted before a list resulting from a
qualified incumbent examination can be certified. A person appointed
from a list resulting from a qualified incumbent examination would be
credited with the time served provisionally in the title toward
probation, up to a maximum of nine months.

New paragraph (c-3) would authorize the DCAS employers to submit to
the State Civil Service Commission ("State Commission") a revised
plan, to be implemented by November 1, 2018, to further reduce the
number of provisional appointments that have continued beyond the time
periods permitted by § 65(1)-(4). This plan could contain any of the
components of the original plan and could also include other
appropriate means of implementation. The State Commission would be
required to approve or disapprove the plan within sixty days of its
submission, and this approval process would otherwise conform to the
procedures set forth in § 65(5)(c).

Section 3 of the bill would make conforming amendments to subdivisions
(d), (f) and (g) of Civil Service Law § 65(5) in light of the proposed
addition of a new paragraph (c-I). This would ensure that the plan
modification procedures, as well as the time limitation suspension and
authorization of negotiated disciplinary procedures, would continue to
apply.

Section 4 of the bill would set forth the list of 194 titles for which
DCAS would be authorized to administer a qualified incumbent
examination pursuant to new paragraph (c-2).

Section 5 of the bill would make a conforming amendment to § 3 of
Chapter 5 of the Laws of 2008 with respect to the negotiated
agreements entered into as a result of the plan, reflecting the
amendment to paragraph (g) of 65(5) proposed by Section 3 of this
bill. It would also amend the expiration date of Chapter 5 of the Laws
of 2008, which authorized the original plan, and provide that this act
would expire on December 31, 2018.

Section 6 of the bill would amend the expiration date of Part I of
Chapter 56 of the Laws of 2008 (to December 31, 2018), which added
subdivision 6 of § 65 authorizing the State Commission to charge the
City for services and costs (up to $600,000 annually) associated with
approving and monitoring the plan submitted by the City and the DCAS
employers.

Section 7 of the bill is a severability clause.

Section 8 of the bill provides that the act would take effect
immediately.

 REASONS FOR SUPPORT

The purpose of this bill, and the 2008 legislation it amends, is to
address issues raised by the New York Court of Appeals in its decision
in City of Long Beach v. Civil Service Employees Association, 8 N.Y.3d
465 (2007). In that case, the Court concluded that the terms of a
collective bargaining agreement that afforded tenure rights to
provisional employees of the City of Long Beach after one year of
service were contrary to New York statutory and decisional law, and
therefore the dispute was not arbitrable because granting the relief
sought on behalf of the provisional employees under the 'tenure'
provisions of the agreement would violate the Civil Service Law. The
Court also emphasized the need for compliance with the time
limitations imposed by Civil Service Law § 65 with respect to filling
vacancies, holding examinations and removing provisional employees
from positions in titles for which examinations should be held.

Having received approval in 2008 from the Slate Commission to
implement an orderly and expeditious plan to reduce the number of
provisional employees, the City and certain other related employers
made substantial progress toward their goal through various means
authorized by Chapter 5 of the Laws of 2008. As of the February 29,
2016 report required by the City Charter, the number of provisional
employees under DCAS's jurisdiction was 23,052, a substantial
reduction of almost 15,000 from the number in May 2008. This bill
would allow the City and such other employers to update and continue
to implement the plan, with appropriate revisions to timeframes and
plan strategies. Although DCAS has administered hundreds of open
competitive and promotional civil service tests during recent years,
and will continue to administer tests, those devices have not proved
adequate to reduce the number of provisional employees as rapidly as
anticipated or desired. The bill would also authorize DCAS, on a
one-time basis, to administer a qualified incumbent test exclusively
to approximately 4,700 employees who have served provisionally for at
least two years in the title for which the exam is given. The bill
would ensure the continued quality and effectiveness of governmental
operations while the revised plan is being developed and implemented.
At the same time it would further the goals of maintaining continuity
in the provision of essential public services and harmonious labor
relations, particularly as it would allow limited negotiated
protections regarding disciplinary procedures for provisional
employees and the waiver of time limitations that would otherwise
apply in relation to provisional employment. The limited
authorizations contained in the bill, only in the context of
implementing the plan, would further the fundamental goals of the
civil service system in New York state and are therefore consistent
with the "merit and fitness" provision set forth in Article V, Section
6 of the State Constitution

 FISCAL IMPACT

None to State

 EFFECTIVE DATE :
Immediately

2015-S7944 (ACTIVE) - Bill Text download pdf

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

                                  7944

                            I N  S E N A T E

                              May 27, 2016
                               ___________

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  provisional
  employees  of certain public employers; to amend chapter 5 of the laws
  of 2008 amending the civil service law relating to provisional employ-
  ees of certain public employers, in relation to extensions of  certain
  negotiated  agreements  and  extending the provisions of such chapter;
  and to amend part I of chapter 56 of the laws  of  2008  amending  the
  civil  service  law relating to excess provisional employees of a city
  having a population of one million or more, in relation  to  extending
  the provisions thereof

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

  Section 1. Statement of legislative findings and intent. The  legisla-
ture  hereby  finds  that  the  city of New York and other employers for
which the New York city department of citywide  administrative  services
("DCAS")  manages civil service appointments ("the DCAS employers") have
made substantial progress in reducing the number of provisional appoint-
ments since the inception of the planning process created by  chapter  5
of the laws of 2008. The legislature additionally finds that the consti-
tutional  mandate  of  making  appointments and promotions "according to
merit and fitness to be ascertained, as far as practicable, by  examina-
tion  which,  as  far  as  practicable,  shall be competitive," would be
furthered by maintaining, for an additional defined period, the  orderly
planning and implementation process, including review by the state civil
service  commission,  originally  established  by that chapter and later
extended by chapter 284 of the laws of 2014.
  However, the difficulties created by  the  large  number  of  affected
titles and employees, and the potential operational and budgetary dislo-
cation, as well as potential difficulties in labor relations, that would
be  caused  by rapid turnover in the many remaining titles, require that
the constitutional mandate be furthered by unique means, limited to  the
situation  presented,  that  go  beyond  the  simple  extension or minor
modification of previous plans. In particular, thousands of  provisional

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

                                                           LBD15648-01-6

S. 7944                             2

employees  have  crucial  experience  in  implementing and directing key
initiatives that benefit the  public.  Therefore,  in  addition  to  the
substantial  regimen of competitive testing that was contained in previ-
ous plans as well as proposed reclassification of titles where appropri-
ate,  DCAS  is  authorized  to  administer an examination to provisional
employees with specified qualifications and  experience.  This  examina-
tion,  in  the  context  of  the  present  plan,  will facilitate lawful
appointment of these employees to permanent competitive class positions,
and thereby accelerate the transition of the DCAS employers to a  system
that does not require substantial use of provisional appointments.
  S  2.  Subdivision 5 of section 65 of the civil service law is amended
by adding two new paragraphs (c-2) and (c-3) to read as follows:
  (C-2) QUALIFIED INCUMBENT EXAMINATION.
  (I) DCAS MAY ADMINISTER A QUALIFIED INCUMBENT EXAMINATION ("QIE")  FOR
APPOINTMENT  TO ANY COMPETITIVE TITLE, CONSISTENT WITH SUBPARAGRAPH (II)
OF THIS PARAGRAPH, EXCLUSIVELY TO CURRENT EMPLOYEES WHO, AT THE TIME  OF
APPLICATION  TO TAKE SUCH EXAMINATION, HAVE SERVED PROVISIONALLY IN SUCH
TITLE FOR TWO OR MORE YEARS. PROVIDED  THAT  THE  EMPLOYEE  TAKING  SUCH
EXAMINATION  SHALL  MEET  THE  MINIMUM  EDUCATIONAL  AND OTHER SPECIFIED
REQUIREMENTS SET FORTH IN THE NOTICE OF EXAMINATION  FOR  THE  TITLE  IN
WHICH  HE OR SHE CURRENTLY SERVES, AS ESTABLISHED BY THE DCAS EMPLOYERS,
AN EMPLOYEE WITH TWO YEARS OF PROVISIONAL SERVICE MAY BE APPOINTED  FROM
THE LIST RESULTING FROM SUCH EXAMINATION. NEITHER PROVISIONAL SERVICE IN
A  TITLE PERFORMED BY AN EMPLOYEE DURING A PERIOD OF TIME IN WHICH THERE
EXISTED AN APPROPRIATE ELIGIBLE LIST OF CANDIDATES FOR THE TITLE, UNLESS
SUCH LIST WAS NOT ADEQUATE TO FILL ALL POSITIONS THEN HELD ON  A  PROVI-
SIONAL  BASIS  OR WAS EXHAUSTED IMMEDIATELY FOLLOWING ITS ESTABLISHMENT,
NOR SERVICE IN A TEMPORARY TITLE ESTABLISHED PENDING PROPOSED  RECLASSI-
FICATION SHALL COUNT TOWARD SUCH TWO YEARS OF PROVISIONAL SERVICE.
  (II)  DCAS  MAY  ADMINISTER  A  QIE ONLY FOR THOSE TITLES THAT ARE SET
FORTH IN SECTION FOUR OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT ADDED THIS PARAGRAPH.
  (III) DCAS SHALL NOT ADMINISTER A QIE FOR ANY TITLE FOR WHICH  (A)  AN
EXAMINATION  HAS  BEEN  ADMINISTERED  BUT  AN ELIGIBLE LIST HAS NOT BEEN
ESTABLISHED, OR (B) THERE EXISTS AN ELIGIBLE LIST RESULTING FROM AN OPEN
COMPETITIVE EXAMINATION THAT CONTAINS THREE OR MORE INDIVIDUALS.
  (IV) A LIST RESULTING FROM A PROMOTIONAL EXAMINATION FOR A TITLE  MUST
BE  EXHAUSTED  BEFORE  A LIST RESULTING FROM A QIE FOR THAT TITLE MAY BE
ESTABLISHED.
  (V) A LIST RESULTING FROM A QIE MUST BE EXHAUSTED BEFORE  AN  ELIGIBLE
LIST  RESULTING  FROM AN OPEN COMPETITIVE EXAMINATION FOR THAT TITLE MAY
BE CERTIFIED TO ANY AGENCY.
  (VI) A PERSON APPOINTED FROM A LIST RESULTING  FROM  A  QIE  SHALL  BE
CREDITED  WITH  THE  TIME  HE  OR SHE SERVED PROVISIONALLY IN THAT TITLE
TOWARD THE PROBATIONARY PERIOD FOR THAT TITLE UP TO A  MAXIMUM  OF  NINE
MONTHS.
  (C-3)  REVISED PLAN FOR PROVISIONAL EMPLOYEES. WITHIN SIXTY DAYS AFTER
THE EFFECTIVE DATE OF  THIS  PARAGRAPH,  THE  DCAS  EMPLOYERS  SHALL  BE
REQUIRED  TO  SUBMIT  TO  THE STATE COMMISSION FOR ITS APPROVAL A SINGLE
COMPREHENSIVE REVISION OF THE PLAN PREPARED PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION, TO BE IMPLEMENTED  BY  NOVEMBER  FIRST,  TWO  THOUSAND
EIGHTEEN,  TO FURTHER REDUCE THE NUMBER OF PROVISIONAL APPOINTMENTS THAT
HAVE CONTINUED BEYOND THE PERIODS OTHERWISE PERMITTED BY  THIS  SECTION.
SUCH  REVISED  PLAN  MAY  ADDITIONALLY  CONTAIN ANY ELEMENTS OR MEANS OF
IMPLEMENTATION AUTHORIZED BY PARAGRAPH  (B)  OF  THIS  SUBDIVISION.  THE
REVISED  PLAN SHALL BE SUPPORTED BY APPROPRIATE DOCUMENTATION AND EXPLA-

S. 7944                             3

NATION, AND THE INFORMATION CONTAINED IN THE PLAN SHALL BE CONFIRMED  BY
THE  COMMISSIONER  OF  DCAS  AS ACCURATE TO THE BEST OF HIS OR HER KNOW-
LEDGE, BASED ON A REASONABLE INQUIRY BY DCAS INTO THE  FACTS  SET  FORTH
THEREIN.  WITHIN  SIXTY  DAYS  OF THE SUBMISSION OF SUCH PLAN, THE STATE
COMMISSION SHALL APPROVE THE REVISED PLAN, WITH OR  WITHOUT  RECOMMENDED
CHANGES,  OR DISAPPROVE IT. THE APPROVAL PROCESS SHALL OTHERWISE CONFORM
TO THE TIMEFRAMES AND PROCEDURES SET FORTH  IN  PARAGRAPH  (C)  OF  THIS
SUBDIVISION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SUBDIVI-
SION,  THIS  SUBDIVISION  SHALL  NO  LONGER BE IN FORCE AND EFFECT IF NO
REVISED PLAN HAS BEEN APPROVED BY THE STATE COMMISSION  WITHIN  EIGHTEEN
MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 3. Paragraphs (d), (f) and (g) of subdivision 5 of section 65 of the
civil  service  law,  as amended by chapter 284 of the laws of 2014, are
amended to read as follows:
  (d) Modifications of the plan. During the course of  implementing  the
plan  developed, approved and revised in accordance with paragraphs (b),
(c) [and], (c-1) AND (C-3) of this subdivision, if  the  DCAS  employers
determine  that  there is a need to modify the plan, they shall submit a
request for modification of the  plan  to  the  state  commission.  Such
request  shall  detail  the circumstances that have arisen necessitating
the request, including  but  not  limited  to  unforeseen  demands  upon
resources,  unforeseen  projected  impacts  upon the provision of public
services, or a finding that implementation of any part of  the  plan  is
impracticable,  unduly  burdensome  or  otherwise  likely to prevent the
successful implementation of the plan or any aspect thereof.  The  state
commission  shall  act  upon  the  request for modification within sixty
days. The state commission may in its discretion approve  the  modifica-
tion,  approve  the modification with recommended changes, or disapprove
the modification; provided, however, that if the state commission  takes
no  action  within  such period, it shall be deemed to have approved the
modification, and provided further that if the  changes  recommended  by
the state commission are not accepted by the DCAS employers within thir-
ty  days,  the modification shall be deemed disapproved. Notwithstanding
any inconsistent provision of this paragraph, where  a  modification  is
insubstantial,  and  will  not materially affect the ability of the DCAS
employers to reduce the number of provisional appointments in accordance
with paragraph (c-1) OR (C-3), AS APPLICABLE, of this subdivision,  DCAS
may  so  certify  and  the  modification may be implemented and shall be
filed by DCAS with the state commission within five  business  days.  In
the  event  that  a  request  for  modification is disapproved, the plan
previously in effect shall remain in  effect,  provided  that  the  DCAS
employers  may  at  any  time  submit  a  new proposed modification. ANY
MODIFICATION APPROVED PURSUANT TO THIS PARAGRAPH MAY EXTEND THE DURATION
OF A PLAN TO A DATE NO MORE THAN ONE YEAR  BEYOND  THE  TWO-YEAR  PERIOD
AUTHORIZED BY PARAGRAPH (C-3) OF THIS SUBDIVISION.
  (f)  Time  limitation.  Notwithstanding  any inconsistent provision of
this chapter or any other law or rule to the contrary, the provisions of
subdivision two of this section shall not apply to DCAS  employers  upon
the  effective  date  of  [the] chapter FIVE of the laws of two thousand
[seven which added  this  subdivision]  EIGHT,  and  during  the  timely
submission,  approval  and  implementation  of a plan in accordance with
paragraphs (b), (c) and (e) of this  subdivision,  and  of  [a]  revised
[plan]  PLANS  in accordance with [paragraph] PARAGRAPHS (c-1) AND (C-3)
of this subdivision. The provisions of subdivision two of  this  section
shall  be  applicable  to any provisional employee serving in a position
for which an appropriate eligible list has been established pursuant  to

S. 7944                             4

such  plan  or revised [plan] PLANS, unless such list is not adequate to
fill all positions then held on a  provisional  basis  or  is  exhausted
immediately following its establishment.
  (g)  Agreements governing disciplinary procedures. Notwithstanding any
inconsistent provision of this chapter or any other law or rule  to  the
contrary,  any  DCAS employer and an employee organization, as such term
is defined in article fourteen of this chapter, may  enter  into  agree-
ments  to  provide  disciplinary  procedures  applicable  to provisional
appointees or categories thereof who have served for a period  of  twen-
ty-four  months or more in a position which is covered by such an agree-
ment. No such provisional employee shall be  deemed  to  be  permanently
appointed under such circumstances, nor may such disciplinary procedures
be  deemed  to preclude removal of an employee as a result of the estab-
lishment of and appointments from an appropriate  eligible  list  or  in
accordance with any other provision of law. Any such agreement may apply
upon  the  effective  date  of  chapter five of the laws of two thousand
eight, and during the timely submission, approval and implementation  of
a  plan  in accordance with paragraphs (b), (c) and (e) of this subdivi-
sion, and of [a] revised [plan] PLANS  in  accordance  with  [paragraph]
PARAGRAPHS  (c-1)  AND (C-3) of this subdivision, and shall not apply to
any provisional employee serving in a position for which an  appropriate
eligible  list  has  been  established  pursuant  to  a plan approved in
accordance with this subdivision unless such list  is  not  adequate  to
fill  all  positions  then  held  on a provisional basis or is exhausted
immediately following its establishment.
  S 4. The New York city department of citywide administrative services,
acting pursuant to paragraph (c-2) of subdivision 5 of section 65 of the
civil service law, as added by section two of this act,  may  administer
qualified  incumbent examinations only in connection with appointment to
the following titles:
  40510 ACCOUNTANT
  40731 ACTUARIAL SPECIALIST
  10004 ADMINISTRATIVE ARCHITECT
  10053 ADMINISTRATIVE CITY PLANNER
  82991 ADMINISTRATIVE CONSTRUCTION PROJECT MANAGER
  83006 ADMINISTRATIVE HOUSING DEVELOPMENT SPECIALIST
  10073 ADMINISTRATIVE INSPECTOR (BUILDINGS)
  10248 ADMINISTRATIVE JOB OPPORTUNITY SPECIALIST (NON-MANAGERIAL)
  10034 ADMINISTRATIVE LANDMARKS PRESERVATIONIST
  10023 ADMINISTRATIVE LANDSCAPE ARCHITECT
  83008 ADMINISTRATIVE PROJECT MANAGER
  10064 ADMINISTRATIVE TESTS AND MEASUREMENT SPECIALIST
  31315 AIR POLLUTION INSPECTOR
  40410 APPRAISER (REAL ESTATE)
  91352 AREA SUPERVISOR (HIGHWAY MAINTENANCE)
  31312 ASBESTOS HAZARD INVESTIGATOR
  40201 ASSISTANT CITY ASSESSOR
  22305 ASSISTANT HIGHWAY TRANSPORTATION SPECIALIST
  21310 ASSISTANT LANDSCAPE ARCHITECT
  22405 ASSISTANT PLAN EXAMINER (BUILDINGS)
  92122 ASSISTANT PRINTING PRESS OPERATOR
  22092 ASSISTANT URBAN DESIGNER
  31316 ASSOCIATE AIR POLLUTION INSPECTOR
  55038 ASSOCIATE HUMAN RIGHTS SPECIALIST
  33996 ASSOCIATE INSPECTOR (CONSUMER AFFAIRS)
  20272 ASSOCIATE OPERATIONS COMMUNICATIONS SPECIALIST

S. 7944                             5

  41122 ASSOCIATE PARKING CONTROL SPECIALIST
  60217 ASSOCIATE PUBLIC RECORDS OFFICER
  91755 ASSOCIATE RAILROAD SIGNAL SPECIALIST
  91756 ASSOCIATE RAILROAD SIGNAL SPECIALIST (OPERATIONS)
  13120 ASSOCIATE TRANSIT MANAGEMENT ANALYST
  13134 ASSOCIATE TRANSIT MANAGEMENT ANALYST (OPERATIONS)
  22124 ASSOCIATE URBAN DESIGNER
  21562 BIO MEDICAL EQUIPMENT TECHNICIAN
  92105 BOOKBINDER
  91516 CAPTAIN (SLUDGE BOAT)
  13644 CERTIFIED IT ADMINISTRATOR (DATABASE)
  13643 CERTIFIED IT DEVELOPER (APPLICATIONS)
  91523 CHIEF MARINE ENGINEER (DIESEL)
  54910 COMMISSARY MANAGER
  92110 COMPOSITOR (JOB)
  13621 COMPUTER ASSOCIATE (OPERATIONS)
  13611 COMPUTER ASSOCIATE (TECHNICAL SUPPORT)
  10074 COMPUTER OPERATIONS MANAGER
  13651 COMPUTER PROGRAMMER ANALYST
  13622 COMPUTER SPECIALIST (OPERATIONS)
  10050 COMPUTER SYSTEMS MANAGER
  51611 CONSULTANT (EARLY CHILDHOOD EDUCATION)
  51613 CONSULTANT (PUBLIC HEALTH SOCIAL WORK)
  40563 CONTRACT REVIEWER (OFFICE OF LABOR SERVICES)
  51214 COUNSELOR (ADDICTION TREATMENT)
  60666 DIRECTOR (TELEVISION)
  51380 ENVIRONMENTAL HEALTH TECHNICIAN
  90313 FILM MANAGER
  91533 FIRST ASSISTANT MARINE ENGINEER (DIESEL)
  51225 FITNESS INSTRUCTOR
  92705 FURNITURE MAINTAINER
  91215 GEOLOGIST
  92406 HIGHWAY REPAIRER
  92320 HORSESHOER
  22506 HOUSING DEVELOPMENT SPECIALIST TRAINEE
  31305 INDUSTRIAL HYGIENIST
  91001 INSTRUMENTATION SPECIALIST
  31013 INTERPRETER (SPANISH)
  31017  INTERPRETER,  CHINESE (CANTONESE, MANDARIN, TAIWANESE-FACILITA-
TOR)
  21315 LANDSCAPE ARCHITECT
  91546 MARINE OILER
  50811 MEDICAL RECORD LIBRARIAN
  50415 NUTRITION CONSULTANT
  50410 NUTRITIONIST
  20271 OPERATIONS COMMUNICATIONS SPECIALIST
  41120 PARKING CONTROL SPECIALIST
  52700 PHYSICIAN'S ASSISTANT
  22015 PHYSICIST
  90202 POLICE ATTENDANT
  50416 PRINCIPAL NUTRITION CONSULTANT
  30820 PRINCIPAL TITLE EXAMINER
  51454 PROGRAM OFFICER (DEPARTMENT FOR THE AGING)
  60216 PUBLIC RECORDS OFFICER
  60414 PUPPETEER
  90411 RADIO AND TELEVISION OPERATOR

S. 7944                             6

  80112 REAL PROPERTY MANAGER
  60430 RECREATION DIRECTOR
  60440 RECREATION SUPERVISOR
  90573 REPAIR CREW CHIEF (HDA)
  31310 SAFETY SPECIALIST
  90737 SCHOOL EQUIPMENT MAINTAINER
  21516 SCIENTIST (RADIATION CONTROL)
  21537 SCIENTIST (WATER ECOLOGY) TRAINEE
  20126 SENIOR ESTIMATOR (ELECTRICAL)
  20127 SENIOR ESTIMATOR (GENERAL CONSTRUCTION)
  20128 SENIOR ESTIMATOR (MECHANICAL)
  60331 SENIOR INSTITUTIONAL TRADES INSTRUCTOR (TAILORING)
  55015 SENIOR INTERGROUP RELATIONS OFFICER
  90836 SENIOR OFFICE APPLIANCE MAINTAINER
  90635 SENIOR PHOTOGRAPHER
  30810 SENIOR TITLE EXAMINER
  33761 SERVICE INSPECTOR (BOARD OF EDUCATION)
  51001 SPECIAL CONSULTANT (MENTAL HEALTH STANDARDS AND SERVICES)
  91926 STEAM FITTER'S HELPER
  10217 STENOGRAPHIC SPECIALIST
  80880 SUPERINTENDENT OF LAUNDRIES
  31840 SUPERVISING BLASTING INSPECTOR
  32455 SUPERVISING DEMOLITION INSPECTOR
  80760 SUPERVISING HOUSEKEEPER
  51241 SUPERVISING THERAPIST
  91310 SUPERVISOR
  90535 SUPERVISOR (EXTERMINATORS)
  34205 SUPERVISOR OF ELECTRICAL INSTALLATIONS AND MAINTENANCE
  34221 SUPERVISOR OF MECHANICAL INSTALLATIONS AND MAINTENANCE
  91279 SUPERVISOR OF MOTOR TRANSPORT
  11704 SUPERVISOR OF OFFICE MACHINE OPERATIONS
  90436 SUPERVISOR OF RADIO AND TELEVISION OPERATORS
  90760 SUPERVISOR OF RADIO REPAIR OPERATIONS
  91971 SUPERVISOR STEAM FITTER
  21006 TAX MAP CARTOGRAPHER
  92590 TELEPHONE SERVICE TECHNICIAN
  12704 TESTS AND MEASUREMENT SPECIALIST
  30805 TITLE EXAMINER
  60865 TRANSIT CUSTOMER SERVICE SPECIALIST
  20821 TRANSIT RAILCAR TECHNOLOGY SPECIALIST
  92248 URBAN ARCHEOLOGIST
  51310 X-RAY TECHNICIAN
  81010 WATCHPERSON
  10001 ADMINISTRATIVE ACCOUNTANT
  82985 ADMINISTRATIVE ACTUARY
  10005 ADMINISTRATIVE ASSESSOR
  10054 ADMINISTRATIVE BLASTING INSPECTOR
  10007 ADMINISTRATIVE BOROUGH SUPERINTENDENT
  10009 ADMINISTRATIVE BUSINESS PROMOTION COORDINATOR
  10044 ADMINISTRATIVE CLAIM EXAMINER
  10095 ADMINISTRATIVE CONTRACT SPECIALIST
  82988 ADMINISTRATIVE DEPUTY REGISTER
  10055 ADMINISTRATIVE DIRECTOR OF LABORATORY (WATER QUALITY)
  83007 ADMINISTRATIVE DIRECTOR OF MARINE MAINTENANCE
  10016 ADMINISTRATIVE DIRECTOR OF RESIDENTIAL CHILD CARE
  10056 ADMINISTRATIVE DIRECTOR OF SOCIAL SERVICES

S. 7944                             7

  10031 ADMINISTRATIVE EDUCATION ANALYST
  10062 ADMINISTRATIVE EDUCATION OFFICER
  10024 ADMINISTRATIVE FIRE PROTECTION INSPECTOR
  10003 ADMINISTRATIVE GRAPHIC ARTIST
  10071 ADMINISTRATIVE HORTICULTURIST
  10018 ADMINISTRATIVE HOUSING MANAGER
  10019 ADMINISTRATIVE HOUSING SUPERINTENDENT
  10078 ADMINISTRATIVE INSPECTOR (HOUSING)
  82994 ADMINISTRATIVE LABOR RELATIONS ANALYST
  10010 ADMINISTRATIVE MANAGEMENT AUDITOR
  10096 ADMINISTRATIVE PRINTING SERVICES MANAGER
  10084 ADMINISTRATIVE PROGRAM OFFICER (DEPT. FOR THE AGING)
  82980 ADMINISTRATIVE PSYCHOLOGIST
  10032 ADMINISTRATIVE PUBLIC HEALTH NURSE
  82989 ADMINISTRATIVE PUBLIC HEALTH SANITARIAN
  10033 ADMINISTRATIVE PUBLIC INFORMATION SPECIALIST
  10041 ADMINISTRATIVE PUBLIC RECORDS OFFICER
  10080 ADMINISTRATIVE QUALITY ASSURANCE SPECIALIST
  10047 ADMINISTRATIVE REAL PROPERTY MANAGER
  82986 ADMINISTRATIVE RETIREMENT BENEFITS SPECIALIST
  10036 ADMINISTRATIVE REVENUE MANAGER (TA)
  35505 ADMINISTRATIVE SAFETY OFFICER (TA)
  82982 ADMINISTRATIVE SANITATION ENFORCEMENT AGENT
  10065 ADMINISTRATIVE SCHOOL FOOD SERVICE MANAGER
  10037 ADMINISTRATIVE SPACE ANALYST
  10038 ADMINISTRATIVE STOREKEEPER
  82998 ADMINISTRATIVE SUPERINTENDENT OF BRIDGE OPERATIONS
  10039 ADMINISTRATIVE SUPERINTENDENT OF HIGHWAY OPERATIONS
  10035 ADMINISTRATIVE SUPERVISOR OF BUILDING MAINTENANCE
  10049 ADMINISTRATIVE TAX AUDITOR
  10079 ADMINISTRATIVE TAXI AND LIMOUSINE INSPECTOR
  10061 ADMINISTRATIVE TRANSPORTATION COORDINATOR
  91697 AREA MANAGER OF SCHOOL MAINTENANCE
  13117 ASSISTANT TRANSIT MANAGEMENT ANALYST
  13130 ASSISTANT TRANSIT MANAGEMENT ANALYST (OPERATIONS)
  12634 ASSOCIATE EDUCATION OFFICER
  13369 ASSOCIATE LABOR RELATIONS ANALYST
  91349 BRIDGE AND TUNNEL SUPERVISOR
  60580 CHIEF OF HOUSING COMMUNITY ACTIVITIES
  10089 DIRECTOR OF TECHNICAL SERVICES (AIR POLLUTION CONTROL)
  12750 EDUCATION ANALYST TRAINEE
  10235 EXECUTIVE SECRETARY (TBTA)
  13353 HEARING EXAMINER (HOUSING AUTHORITY)
  40236 INSURANCE ADVISOR (HEALTH)
  13368 LABOR RELATIONS ANALYST
  82987 MANAGER OF RADIO REPAIR OPERATIONS
  40425 PRINCIPAL APPRAISER (REAL ESTATE)
  13121 PRINCIPAL TRANSIT MANAGEMENT ANALYST
  13133 PRINCIPAL TRANSIT MANAGEMENT ANALYST (OPERATIONS)
  20140 QUALITY CONTROL SPECIALIST
  20141 SENIOR QUALITY CONTROL SPECIALIST
  91270 SUPERINTENDENT (TRANSIT AUTHORITY OPERATIONS)
  10081 SUPERINTENDENT OF WATER AND SEWER SYSTEMS
  10076 SUPERVISOR OF ELEVATOR MAINTENANCE (HOUSING AUTHORITY)
  35503 SYSTEM SAFETY SPECIALIST (TRANSIT AUTHORITY)
  35500 SYSTEM SAFETY SPECIALIST TRAINEE (TRANSIT AUTHORITY)

S. 7944                             8

  82984 TELECOMMUNICATIONS MANAGER
  S  5.  Sections 3 and 5 of chapter 5 of the laws of 2008, amending the
civil service law relating to provisional employees  of  certain  public
employers, as amended by chapter 284 of the laws of 2014, are amended to
read as follows:
  S 3. Any agreement or extension thereof entered into pursuant to para-
graph  (g)  of  subdivision 5 of section 65 of the civil service law, as
added by section two of this act AND SUBSEQUENTLY AMENDED  IN  2014  AND
2016,  may  include  protections  for  provisional  employees  who  were
covered, prior to the effective date of this act, by agreements  similar
to those authorized by such paragraph. Any agreement or extension there-
of entered into pursuant to such paragraph may include, but shall not be
limited  to, the appropriate arbitration, adjudication or other disposi-
tion of disciplinary or other matters concerning  provisional  employees
that were pending on the effective date of this act.
  S 5. This act shall take effect immediately, and shall expire December
31,  [2016] 2018 when upon such date the provisions of this act shall be
deemed repealed.
  S 6. Section 2 of part I of chapter 56 of the laws of  2008,  amending
the civil service law relating to excess provisional employees of a city
having a population of one million or more, as amended by chapter 284 of
the the laws of 2014, is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, [2016] 2018.
  S 7. If any section, subdivision, paragraph, clause, sentence,  phrase
or  other  portion  of this act is, for any reason, declared unconstitu-
tional or invalid, in whole or in part, by any court of competent juris-
diction, such portion shall be deemed severable,  and  such  unconstitu-
tionality  or  invalidity shall not affect the validity of the remaining
portions of this act, which remaining portions shall  continue  in  full
force and effect.
  S  8. This act shall take effect immediately; provided that the amend-
ments to subdivision 5 of section 65 of the civil service  law  made  by
sections  two  and three of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith; and provided further
that the amendments to section 3 of chapter 5 of the laws of  2008  made
by  section four of this act shall not affect the repeal of such section
and shall be deemed repealed therewith; and provided further that eligi-
ble lists and appointments resulting from the qualified incumbent  exam-
inations  administered  pursuant  to paragraph (c-2) of subdivision 5 of
section 65 of the civil service law, as added by  section  two  of  this
act, shall not be affected by the expiration of this act.

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Senate Bill S7944

Sponsored By

Archive: Last Bill Status Via A10445 - Signed by Governor

Jun 17, 2016 - Floor Vote

Floor Vote: Jun 17, 2016

Jun 17, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2016

co-Sponsors

2015-S7944 (ACTIVE) - Details

2015-S7944 (ACTIVE) - Summary

2015-S7944 (ACTIVE) - Sponsor Memo

2015-S7944 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7944

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Sponsored By

Martin J. Golden

Archive: Last Bill Status Via A10445 - Signed by Governor

co-Sponsors

Joseph P. Addabbo Jr.

Tony Avella

Kevin S. Parker

Jose Peralta

2015-S7944 (ACTIVE) - Details

2015-S7944 (ACTIVE) - Summary

2015-S7944 (ACTIVE) - Sponsor Memo

2015-S7944 (ACTIVE) - Bill Text download pdf

Comments