S T A T E   O F   N E W   Y O R K
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                                  8037

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced  by M. of A. ARROYO, CRESPO, RAMOS, SEPULVEDA, ROZIC, DAVILA,
  DILAN, MOYA, PICHARDO, LINARES, RODRIGUEZ -- read once and referred to
  the Committee on Governmental Employees

AN ACT to amend the civil service law, in relation to implementing equal
  employment opportunity and affirmative  action  for  classified  civil
  service positions in the service of the state

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

  Section 1. Article 2 of the civil service law is amended by  adding  a
new title A-1 to read as follows:
                                TITLE A-1
                   STATE EQUAL EMPLOYMENT OPPORTUNITY
SECTION 12.   STATEMENT OF POLICY.
        12-A. DEFINITIONS.
        12-B. EQUAL EMPLOYMENT OPPORTUNITY; DUTIES OF PRESIDENT.
        12-C. EXECUTIVE COMMITTEE FOR AFFIRMATIVE ACTION.
        12-D. DEVELOPMENT   AND  IMPLEMENTATION  OF  AFFIRMATIVE  ACTION
                PROGRAMS.
        12-E. AFFIRMATIVE ACTION ADVISORY COUNCIL.
  S 12. STATEMENT OF POLICY. IT SHALL BE THE POLICY OF THIS  STATE  THAT
EQUAL  EMPLOYMENT  OPPORTUNITY BE AFFORDED TO ALL PERSONS IN AND SEEKING
TO ENTER STATE SERVICE, AND THAT AFFIRMATIVE ACTION BE PROVIDED  IN  THE
ADMINISTRATION  OF  THIS CHAPTER, IN ACCORDANCE WITH THE REQUIREMENTS OF
THE HUMAN RIGHTS LAW (ARTICLE FIFTEEN OF  THE  EXECUTIVE  LAW)  AND  THE
MANDATES  OF  TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT. ACCORDINGLY, IT
SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT  TO  ENFORCE  THE  STATE'S
POLICY  OF  ENSURING  FULL  AND  EQUAL EMPLOYMENT FOR MINORITIES, WOMEN,
PERSONS WITH DISABILITIES AND VETERANS AT ALL  CLASSIFIED  POSITIONS  OF
STATE SERVICE.
  S 12-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09990-01-5

              

A. 8037                             2

  1. "ADVISORY COUNCIL" SHALL MEAN THE AFFIRMATIVE ACTION ADVISORY COUN-
CIL ESTABLISHED BY SECTION TWELVE-E OF THIS TITLE.
  2. "EXECUTIVE COMMITTEE" SHALL MEAN THE EXECUTIVE COMMITTEE FOR AFFIR-
MATIVE ACTION ESTABLISHED BY SECTION TWELVE-C OF THIS TITLE.
  3.  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
TERM BY SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE
LAW, AND ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION  ESTABLISHED
PURSUANT TO STATUTE.
  4.  "VETERAN"  SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM
PURSUANT TO SUBDIVISION THREE OF SECTION  THREE  HUNDRED  FIFTY  OF  THE
EXECUTIVE LAW.
  S  12-B. EQUAL EMPLOYMENT OPPORTUNITY; DUTIES OF PRESIDENT. THE PRESI-
DENT SHALL:
  1. ISSUE RULES AND REGULATIONS FOR THE  PREPARATION  OF  ANNUAL  STATE
AGENCY  AFFIRMATIVE  ACTION PLANS, AND ANNUAL STATEWIDE GOALS AND OBJEC-
TIVES FOR THE EMPLOYMENT OF MINORITIES, WOMEN, PERSONS WITH DISABILITIES
AND VETERANS. IN  ADDITION,  THE  DEPARTMENT  SHALL  PROVIDE  STAFF  AND
PERSONNEL  FOR  THE  DEVELOPMENT  OF COMPREHENSIVE STATEWIDE AFFIRMATIVE
ACTION RULES, REGULATIONS, POLICIES, GOALS, OBJECTIVES  AND  IMPLEMENTA-
TION STRATEGIES;
  2. IN CONSULTATION WITH THE EXECUTIVE COMMITTEE, MONITOR THE IMPLEMEN-
TATION  OF  THE  WRITTEN AFFIRMATIVE ACTION PLANS OF STATE AGENCIES ON A
CONTINUING BASIS, INCLUDING THE  NEED  FOR  REVISING  OR  AMENDING  SUCH
PLANS,  AND  REPORT  TO  THE GOVERNOR AND THE LEGISLATURE ON A QUARTERLY
BASIS ON THE PROGRESS OF INCORPORATING ITS RECOMMENDATIONS FOR IMPROVING
AND STRENGTHENING SUCH PLANS;
  3. UPON HIS OR HER FINDING OF SUBSTANTIAL  NONCOMPLIANCE  BY  A  STATE
AGENCY  WITH  THE REQUIREMENTS OF THIS TITLE, NOTIFY SUCH AGENCY OF SUCH
FINDING AND PROPOSE A REMEDIAL PLAN OF ACTION. THE STATE  AGENCY  SHALL,
WITHIN  THIRTY  DAYS  OF RECEIPT OF SUCH NOTIFICATION, EITHER ACCEPT THE
PRESIDENT'S REMEDIAL PLAN OR SUBMIT AN ALTERNATIVE REMEDIAL PLAN THAT IS
ACCEPTABLE TO THE PRESIDENT. IF THE STATE AGENCY FAILS  TO  COMPLY  WITH
SUCH REQUIREMENT, THE PRESIDENT MAY ASSUME RESPONSIBILITY FOR THE IMPLE-
MENTATION OF A REMEDIAL PLAN OF ACTION UNTIL HE OR SHE IS SATISFIED THAT
THE STATE AGENCY WILL IMPLEMENT SUCH PLAN;
  4.  ANNUALLY  PREPARE AND SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A
REPORT OF THE COMPOSITION OF THE WORKFORCE IN  STATE  SERVICE  FOR  EACH
STATE  AGENCY BY SEX AND ETHNICITY FOR ALL JOB CATEGORIES, SALARY GRADES
AND CIVIL SERVICE CLASSIFICATIONS.  THE  PRESIDENT  SHALL  ALSO  CONDUCT
STUDIES  TO  IDENTIFY AND RESOLVE PROBLEMS IN ELIMINATING UNDERREPRESEN-
TATION AND UNDERUTILIZATION OF MINORITIES, WOMEN, PERSONS WITH DISABILI-
TIES AND VETERANS, AND PROMULGATE, AMEND AND/OR  REPEAL  ANY  RULES  AND
REGULATIONS NECESSARY TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR MINORI-
TIES,  WOMEN,  PERSONS WITH DISABILITIES AND VETERANS.  FURTHERMORE, THE
PRESIDENT SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE
RELATING TO THE ADOPTION OR AMENDMENT OF LAWS FOR THE SAME PURPOSE; AND
  5. IN CONSULTATION WITH THE EXECUTIVE COMMITTEE, REVIEW  EXISTING  AND
PROPOSED PROCEDURES FOR THE ABOLITION OF POSITIONS AND REDUCTIONS IN THE
STATE'S  WORKFORCE,  AND  MAKE  RECOMMENDATIONS DESIGNED TO MINIMIZE THE
EFFECTS OF SUCH PROCEDURES ON WOMEN, MINORITIES, PERSONS WITH  DISABILI-
TIES AND VETERANS.
  S 12-C. EXECUTIVE COMMITTEE FOR AFFIRMATIVE ACTION. 1. THERE IS HEREBY
ESTABLISHED  IN  THE  DEPARTMENT  AN EXECUTIVE COMMITTEE FOR AFFIRMATIVE
ACTION. THE EXECUTIVE COMMITTEE  SHALL  BE  COMPOSED  OF  THE  FOLLOWING
MEMBERS:
  (A) THE PRESIDENT, WHO SHALL BE THE CHAIR OF THE EXECUTIVE COMMITTEE;

A. 8037                             3

  (B)  THE  COMMISSIONER OF HUMAN RIGHTS, WHO SHALL BE THE VICE-CHAIR OF
THE EXECUTIVE COMMITTEE;
  (C) THE SECRETARY TO THE GOVERNOR;
  (D) THE APPOINTMENTS SECRETARY TO THE GOVERNOR;
  (E) THE SECRETARY OF STATE;
  (F) THE DIRECTOR OF THE BUDGET;
  (G) THE COMMISSIONER OF LABOR;
  (H) THE DIRECTOR OF EMPLOYEE RELATIONS;
  (I) THE DIRECTOR OF THE DIVISION FOR WOMEN;
  (J)  THE CHAIR OF THE STATE COMMISSION ON QUALITY OF CARE AND ADVOCACY
FOR PERSONS WITH DISABILITIES; AND
  (K) THE STATE DIRECTOR OF VETERANS' AFFAIRS.
  2. THE EXECUTIVE COMMITTEE SHALL ADVISE THE GOVERNOR AND  LEGISLATURE,
AND  ASSIST  THE PRESIDENT IN THE FORMULATION AND COORDINATION OF PLANS,
POLICIES AND PROGRAMS RELATING TO AFFIRMATIVE ACTION IN  STATE  AGENCIES
AND  IN  ENSURING  EFFECTIVE  IMPLEMENTATION OF SUCH POLICIES, PLANS AND
PROGRAMS.
  3. UPON THE WRITTEN REQUEST OF THE EXECUTIVE COMMITTEE, THE HEAD OF  A
STATE  AGENCY SHALL APPEAR BEFORE SUCH COMMITTEE AND REPORT IN PERSON ON
HIS OR HER AGENCY'S AFFIRMATIVE ACTION PROGRAM.  THE EXECUTIVE COMMITTEE
SHALL SCHEDULE SUCH AN APPEARANCE BY THE HEAD OF EACH STATE AGENCY,  AND
EACH SUCH HEAD SHALL PROVIDE THE EXECUTIVE COMMITTEE WITH ANY SUCH DATA,
INFORMATION  AND  REPORTS  AS  SUCH COMMITTEE SHALL REQUEST PRIOR TO THE
AGENCY HEAD'S APPEARANCE.
  S 12-D. DEVELOPMENT AND IMPLEMENTATION OF AFFIRMATIVE ACTION PROGRAMS.
1. EACH STATE AGENCY SHALL DEVELOP A WRITTEN AFFIRMATIVE ACTION PROGRAM,
WHICH SHALL INCLUDE THE DEVELOPMENT OF SPECIFIC GOALS AND TIMETABLES FOR
THE PROMPT ACHIEVEMENT OF FULL  AND  EQUAL  EMPLOYMENT  OPPORTUNITY  FOR
MINORITIES, WOMEN, PERSONS WITH DISABILITIES AND VETERANS.  EACH PROGRAM
SHALL  INCLUDE AN ANALYSIS OF PREVIOUS AGENCY ACTION TO INCREASE EMPLOY-
MENT OPPORTUNITIES FOR THE MEMBERS OF SUCH GROUPS.  EVERY PROGRAM  SHALL
BE  SUBMITTED  TO  THE  PRESIDENT  ON OR BEFORE JUNE FIRST, TWO THOUSAND
SIXTEEN AND EVERY THIRD YEAR THEREAFTER.  THE PRESIDENT SHALL REVIEW AND
EVALUATE EACH PROGRAM SUBMITTED  AND,  WHERE  NECESSARY,  SHALL  PROVIDE
ASSISTANCE   TO  STATE  AGENCIES  IN  IMPROVING  AND  IMPLEMENTING  SUCH
PROGRAMS.
  2. THE HEAD OF EACH STATE AGENCY SHALL DESIGNATE AN EMPLOYEE AS HIS OR
HER AGENCY'S FULL-TIME AFFIRMATIVE ACTION OFFICER, AND SHALL REPORT  THE
NAME  OF SUCH AFFIRMATIVE ACTION OFFICER TO THE PRESIDENT AND THE EXECU-
TIVE COMMITTEE. EVERY AFFIRMATIVE ACTION OFFICER SHALL  REPORT  DIRECTLY
TO  THE  HEAD  OF THE STATE AGENCY WHO APPOINTED HIM OR HER AND SHALL BE
PROVIDED BY THE STATE AGENCY WITH SUCH STAFF AS SHALL  BE  NECESSARY  TO
PERFORM  HIS OR HER DUTIES. THE NUMBER AND LEVEL OF STAFF SHALL BE BASED
ON SUCH FACTORS AS AGENCY SIZE, COMPLEXITY, NEED FOR AFFIRMATIVE  ACTION
AND MONIES APPROPRIATED THEREFOR.
  3.  ANNUALLY, ON OR BEFORE MARCH FIRST, EACH STATE AGENCY SHALL SUBMIT
A REPORT TO THE EXECUTIVE COMMITTEE AND  THE  PRESIDENT  ON  AFFIRMATIVE
ACTION. EVERY SUCH REPORT SHALL BE IN A FORMAT ESTABLISHED BY THE PRESI-
DENT  AND  INCLUDE  INFORMATION  ON THE AGENCY'S EMPLOYMENT ACTIONS WITH
RESPECT TO MINORITIES, WOMEN, PERSONS WITH  DISABILITIES  AND  VETERANS.
THE  REPORT  OF  EACH STATE AGENCY SHALL IDENTIFY THAT AGENCY'S ACHIEVE-
MENTS, DEFICIENCIES,  PROPOSED  SOLUTIONS  TO  PROBLEMS,  THE  NEED  FOR
EXTERNAL  ASSISTANCE AND SUCH OTHER INFORMATION AS MAY BE APPROPRIATE OR
REQUESTED.

A. 8037                             4

  4. EVERY STATE AGENCY SHALL COOPERATE WITH THE PRESIDENT AND THE EXEC-
UTIVE COMMITTEE TO PROVIDE ANY INFORMATION, DATA AND REPORTS THAT MAY BE
REQUESTED FROM TIME TO TIME.
  5.  THE  DIVISION  FOR  WOMEN,  THE DIVISION OF VETERANS' AFFAIRS, THE
STATE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH  DISA-
BILITIES  AND  ANY  OTHER  STATE AGENCY DESIGNATED BY THE GOVERNOR SHALL
ASSIST THE PRESIDENT AND THE OTHER STATE AGENCIES  TO  COMPLY  WITH  THE
PROVISIONS  OF  THIS TITLE, BY PROVIDING EXPERTISE AND GUIDANCE IN THEIR
AREAS OF SPECIAL SENSITIVITY AND CONCERN.
  S 12-E. AFFIRMATIVE ACTION ADVISORY COUNCIL. 1. THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT AN AFFIRMATIVE ACTION ADVISORY  COUNCIL.    THE
MEMBERS  OF  THE  ADVISORY COUNCIL SHALL BE THE STATE AGENCY AFFIRMATIVE
ACTION  OFFICERS  APPOINTED  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
TWELVE-D  OF  THIS  TITLE.  THE MEETINGS AND PROCEEDINGS OF THE ADVISORY
COUNCIL SHALL BE CONDUCTED PURSUANT TO BY-LAWS ADOPTED BY  ITS  MEMBERS,
SUBJECT TO THE APPROVAL OF THE PRESIDENT.
  2. THE ADVISORY COUNCIL SHALL ADVISE THE PRESIDENT ON ALL EXISTING AND
PROPOSED  POLICIES,  PROCEDURES,  PRACTICES  AND PROGRAMS RELATING TO OR
AFFECTING AFFIRMATIVE ACTION.
  3. THE ADVISORY COUNCIL SHALL SUBMIT A QUARTERLY REPORT ON ITS  ACTIV-
ITIES TO THE PRESIDENT.
  S 2. This act shall take effect immediately.