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

                                  10738

                          I N  A S S E M B L Y

                              June 15, 2016
                               ___________

Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Abbate,
  Woerner) -- read once and referred to the  Committee  on  Governmental
  Employees

AN  ACT to amend the civil service law, in relation to term appointments
  to temporary positions in information technology

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

  Section 1. The civil service law is amended by adding a new section 66
to read as follows:
  S  66.  TERM APPOINTMENTS IN INFORMATION TECHNOLOGY. 1. THE DEPARTMENT
MAY AUTHORIZE A TERM APPOINTMENT  WITHOUT  EXAMINATION  TO  A  TEMPORARY
POSITION  REQUIRING  SPECIAL  EXPERTISE OR QUALIFICATIONS IN INFORMATION
TECHNOLOGY. SUCH APPOINTMENTS SHALL BE AUTHORIZED ONLY IN A  CASE  WHERE
THE APPOINTING AUTHORITY CERTIFIES TO THE DEPARTMENT THAT BECAUSE OF THE
TYPE  OF SERVICES TO BE RENDERED, OR THE TEMPORARY OR OCCASIONAL CHARAC-
TER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAMINATION
OF ANY KIND.  SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT PURSUANT  TO
THE  PUBLIC  OFFICERS  LAW  AND  SHALL IDENTIFY THE SPECIAL EXPERTISE OR
QUALIFICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE OBTAINED THROUGH
AN APPOINTMENT FROM AN ELIGIBLE LIST. THE DEPARTMENT  SHALL  REVIEW  THE
CERTIFICATION  TO  CONFIRM  THAT THE SPECIAL EXPERTISE OR QUALIFICATIONS
IDENTIFIED BY THE OFFICE OF INFORMATION TECHNOLOGY  SERVICES  CANNOT  BE
OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
OD FOR SUCH INITIAL TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDI-
VISION  SHALL  NOT  EXCEED  SIXTY MONTHS AND, OTHER THAN AS SET FORTH IN
SUBDIVISION TWO OF THIS SECTION, SHALL NOT BE EXTENDED, AND THE  MAXIMUM
NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED FIVE HUNDRED.
  2.  AT  LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT
TO THIS SECTION, THE APPOINTING AUTHORITY SHALL PUBLICLY  AND  CONSPICU-
OUSLY  POST  IN ITS OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND
THE REQUIRED QUALIFICATIONS AND SHALL ALLOW ANY  QUALIFIED  EMPLOYEE  TO
APPLY  FOR  THE  POSITION.  IN  THE  EVENT  THAT A PERMANENT COMPETITIVE
EMPLOYEE IS QUALIFIED FOR THE POSTED POSITION, THE APPOINTMENT  OF  SUCH
EMPLOYEE SHALL TAKE PRECEDENCE OVER THE APPOINTMENT OF ANY TERM POSITION

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

                                                           LBD15890-01-6

A. 10738                            2

PURSUANT TO THIS SECTION. AN EMPLOYEE APPOINTED PURSUANT TO THIS SECTION
WHO  HAS  COMPLETED  TWO  YEARS OF CONTINUOUS SERVICE UNDER THIS SECTION
SHALL BE ELIGIBLE TO COMPETE IN PROMOTIONAL EXAMINATIONS THAT  ARE  ALSO
OPEN  TO  OTHER  EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS
AND APPROPRIATE QUALIFICATIONS. IN THE EVENT THAT THE  DEPARTMENT  FAILS
TO  CERTIFY A PROMOTIONAL LIST FOR AN EXAMINATION IN WHICH THE APPOINTEE
HAS COMPETED WITHIN THE  INITIAL  SIXTY  MONTH  TERM  APPOINTMENT,  SUCH
APPOINTMENT MAY BE EXTENDED BY THE DEPARTMENT, UPON CERTIFICATION OF THE
APPOINTING  AUTHORITY, FOR PERIODS OF UP TO THIRTY-SIX MONTHS UNTIL SUCH
TIME AS A PROMOTIONAL LIST RESULTING FROM THE EXAMINATION IN  WHICH  THE
EMPLOYEE COMPETED, IS CERTIFIED.
  3.  A  TEMPORARY  POSITION ESTABLISHED PURSUANT TO THIS SECTION MAY BE
ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR  ABOLITION  OF  FUNC-
TIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON SUCH ABOLITION OR AT
THE  END  OF  THE  TERM  OF  THE APPOINTMENT, THE PROVISIONS OF SECTIONS
SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND EIGHTY-ONE OF THIS CHAPTER SHALL
NOT APPLY. IN THE EVENT OF A REDUCTION OF WORKFORCE PURSUANT TO  SECTION
EIGHTY  OF  THIS CHAPTER AFFECTING INFORMATION TECHNOLOGY POSITIONS, THE
TERM APPOINTMENTS PURSUANT TO THIS SECTION SHALL BE ABOLISHED  PRIOR  TO
THE  ABOLITION  OF  PERMANENT  COMPETITIVE  CLASS INFORMATION TECHNOLOGY
POSITIONS AT SUCH AGENCY INVOLVING COMPARABLE  SKILLS  AND  RESPONSIBIL-
ITIES.
  S 2. Notwithstanding any provision of law to the contrary, the depart-
ment  of  civil  service may limit certification from the eligible lists
associated with the following titles to those  eligibles  identified  as
having  knowledge, skills or certifications, or any combination thereof,
identified by the appointing  authority  as  necessary  to  perform  the
duties of certain positions:
Information Technology Specialist 4                              G-25
Information Technology Specialist 4 (Data Communications)        G-25
Information Technology Specialist 4 (Systems Programming)        G-25
Manager Information Technology Services 1                        G-27
Manager Information Technology Services 1 (Data Communications)  G-27
Manager Information Technology Services 1 (Database)             G-27
Manager Information Technology Services 1 (Systems Programming)  G-27
Manager Information Technology Services 2                        G-29
Manager Information Technology Services (Technical)              G-29
  S  3. Subdivision 1 of section 135 of the civil service law is amended
by adding a new paragraph (e) to read as follows:
  (E) EMPLOYEES OF THE OFFICE OF  INFORMATION  TECHNOLOGY  SERVICES  WHO
HOLD  TECHNICAL  POSITIONS  IN  THE CLASSIFIED SERVICE SHALL, SUBJECT TO
AUTHORIZATION OF THE DIRECTOR OF  THE  CLASSIFICATION  AND  COMPENSATION
DIVISION OF THE DEPARTMENT, BE ENTITLED TO A LUMP SUM PAYMENT CALCULATED
BY  MULTIPLYING  SUCH  EMPLOYEE'S ANNUAL SALARY BY TWO PERCENT, NOTWITH-
STANDING THEIR CURRENT SALARY, TO BE MADE UPON COMPLETION OF A COURSE OF
STUDY AS APPROVED BY THE OFFICE OF INFORMATION TECHNOLOGY SERVICES.
  (I) THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL POST CONSPICU-
OUSLY IN ALL OFFICES IN WHICH  SUCH  ELIGIBLE  TECHNICAL  EMPLOYEES  ARE
LOCATED, AND ON BOTH THE PUBLIC AND EMPLOYEE-ONLY ACCESS WEBSITES, THOSE
APPROVED  COURSES  OF STUDY FOR WHICH A LUMP SUM PAYMENT MAY BE AWARDED.
SUCH COURSES OF STUDY SHALL BE RECERTIFIED EVERY TWELVE MONTHS BEGINNING
APRIL FIRST IN THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS  PARAGRAPH,
AND EVERY TWELVE MONTHS THEREAFTER. SUCH COURSES OF STUDY SHALL INCLUDE,
BUT  NOT  BE  LIMITED TO, CYBER SECURITY, TECHNOLOGIES STRATEGIC FOR THE
OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND ANY OTHER SUBJECT  MATTER
SUCH  OFFICE  DEEMS  APPROPRIATE, AND SHALL, BE CONDUCTED BY AN APPROVED

A. 10738                            3

AND ACCREDITED INSTITUTION OF LEARNING.  THE OFFICE OF INFORMATION TECH-
NOLOGY SHALL PAY FOR THE COURSE OF  STUDY,  COSTS  ASSOCIATED  WITH  THE
COURSE OF STUDY AND THE REASONABLE AND NECESSARY TRAVEL EXPENSES ASSOCI-
ATED WITH AN EMPLOYEE'S ATTENDANCE OF SUCH COURSE OF STUDY.
  (II)  NO  PROVISION  OF THIS PARAGRAPH SHALL BE CONSTRUED TO CREATE AN
OBLIGATION ON THE PART OF THE OFFICE OF INFORMATION TECHNOLOGY  SERVICES
TO  APPROVE  ANY PARTICULAR COURSE OF STUDY OR TO PREVENT SUCH OFFICE TO
ACT IN A MANNER THE OFFICE REASONABLY BELIEVES TO BE IN THE BEST  INTER-
EST  OF  THE STATE. ALL EMPLOYEES SEEKING TO PARTICIPATE IN THIS PROGRAM
MUST FIRST RECEIVE APPROVAL FROM THE OFFICE  OF  INFORMATION  TECHNOLOGY
SERVICES IN A MANNER TO BE DETERMINED, AND IN NO EVENT SHALL BE ELIGIBLE
TO   RECEIVE  A  LUMP  SUM  PAYMENT  MORE  FREQUENTLY  THAN  ONCE  EVERY
TWENTY-FOUR  MONTH  PERIOD  COMMENCING  UPON  COMPLETION  OF  ANY  PRIOR
APPROVED  COURSE  OF  STUDY, AND NO MORE THAN FIVE TIMES IN TOTAL DURING
THE COURSE OF EMPLOYMENT  WITH  THE  OFFICE  OF  INFORMATION  TECHNOLOGY
SERVICES IN ANY PARTICULAR TITLE. NO LUMP SUM PAYMENT SHALL BE CERTIFIED
FOR  PAYMENT  BY  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THROUGH
THE THEN APPROPRIATE MECHANISM, AND NO EMPLOYEE SHALL BE ENTITLED TO ANY
LUMP SUM  PAYMENT,  WITHOUT  RECEIPT  OF  AN  ACCEPTABLE  CERTIFICATION,
LICENSE, DIPLOMA OR OTHER LIKE DOCUMENT FROM THE APPROVED AND ACCREDITED
PROVIDER  OF  THE  APPROVED  COURSE  OF  STUDY REPRESENTING SATISFACTORY
COMPLETION OF SUCH COURSE OF STUDY BY THE EMPLOYEE.
  (III) ANY ADDITIONAL COMPENSATION AFFORDED  AN  EMPLOYEE  PURSUANT  TO
THIS  PARAGRAPH  SHALL  BE  IN  ADDITION TO AND SHALL NOT BE PART OF THE
EMPLOYEE'S BASIC ANNUAL SALARY, AND  SHALL  NOT  AFFECT  OR  IMPAIR  ANY
PERFORMANCE   ADVANCEMENT   PAYMENTS,   PERFORMANCE   AWARDS,  LONGEVITY
PAYMENTS, SALARY DIFFERENTIALS OR OTHER RIGHTS OR BENEFITS TO  WHICH  AN
EMPLOYEE MAY BE ENTITLED UNDER ANY PROVISION OF LAW.
  S 4. This act shall take effect immediately.