S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11241
 
                           I N  A S S E M B L Y
 
                               June 16, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
   read once and referred to the Committee on Governmental Employees
 
 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. Through its implementation of automated systems for
 processing  civil  service  examinations  and by increasing its staff of
 professional examiners, DCAS has enhanced  its  capacity  to  administer
 competitive  examinations.  These  technological  advancements, together
 with DCAS's judicious administration  of  qualified  incumbent  examina-
 tions, as authorized by chapter 467 of the laws of 2016, and the reclas-
 sification  of  titles,  as approved by the New York state civil service
 commission, has led to a steady and continuing reduction  in  the  total
 number  of  provisional  appointees in the New York city government work
 force, and to a decrease in the number of those appointees who  continue
 in  provisional status beyond the time limits set forth in section 65 of
 the civil service law. The legislature  finds  that  the  constitutional
 mandate  of  making  appointments and promotions "according to merit and
 fitness to be ascertained, as far as practicable, by examinations which,
 as far as practicable, shall be  competitive,"  would  be  furthered  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15982-04-8

 A. 11241                            2
 
 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 and by chapter 467 of the laws of 2016.
   Despite  the  progress  DCAS has made, the difficulties created by the
 large number of affected titles and employees, and the potential  opera-
 tional  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 DCAS continue to further the constitu-
 tional mandate by the means authorized by chapter 467  of  the  laws  of
 2016.  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 compet-
 itive  testing  that was contained in previous plans as well as proposed
 reclassification of titles where  appropriate,  DCAS  is  authorized  to
 continue  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 acceler-
 ate  the  transition  of  the  DCAS  employers to a system that does not
 require substantial use of provisional appointments.
   § 2. Subparagraph (ii) of paragraph (c-2) of subdivision 5 of  section
 65  of  the  civil  service  law, as added by chapter 467 of the laws of
 2016, is amended to read as follows:
   (ii) DCAS may administer a QIE only for  those  titles  that  are  set
 forth  in  section four of [the] chapter FOUR HUNDRED SIXTY-SEVEN of the
 laws of two thousand sixteen, OR IN SECTION FIVE OF THE CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND  EIGHTEEN  that [added] AMENDED this [paragraph]
 SUBPARAGRAPH.
   § 3. Subdivision 5 of section 65 of the civil service law  is  amended
 by adding a new paragraph (c-4) to read as follows:
   (C-4) ADDITIONAL PLAN REVISION 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 DECEMBER THIRTY-FIRST, TWO
 THOUSAND  TWENTY-ONE,  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 SUBDIVI-
 SION. THE REVISED PLAN SHALL BE SUPPORTED BY  APPROPRIATE  DOCUMENTATION
 AND  EXPLANATION,  AND  THE  INFORMATION  CONTAINED IN THE PLAN SHALL BE
 CONFIRMED BY THE COMMISSIONER OF DCAS AS ACCURATE TO THE BEST OF HIS  OR
 HER  KNOWLEDGE, 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 RECOM-
 MENDED 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
 SUBDIVISION,  THIS SUBDIVISION SHALL NO LONGER BE IN FORCE AND EFFECT IF
 NO REVISED PLAN HAS BEEN APPROVED BY THE STATE COMMISSION  WITHIN  EIGH-
 TEEN MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.
   § 4. Paragraphs (d), (f) and (g) of subdivision 5 of section 65 of the
 civil  service  law,  as amended by chapter 467 of the laws of 2016, are
 amended to read as follows:

 A. 11241                            3
 
   (d) Modifications of the plan. During the course of  implementing  the
 plan  developed, approved and revised in accordance with paragraphs (b),
 (c), (c-1) [and], (c-3) AND (C-4)  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 necessitat-
 ing 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) OR (C-4), as applicable, of this subdi-
 vision, 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 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 subdivision, and
 of revised plans in accordance with paragraphs (c-1)  [and],  (c-3)  AND
 (C-4)  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 such plan or revised 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

 A. 11241                            4
 
 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  revised plans in accordance with paragraphs (c-1) [and],
 (c-3) AND (C-4) of this subdivision, and shall not apply to  any  provi-
 sional  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.
   § 5. Subdivision 5 of section 65 of the civil service law  is  amended
 by adding a new paragraph (h) to read as follows:
   (H)  (I)  IF THE DCAS EMPLOYERS ARE NOT IN SUBSTANTIAL COMPLIANCE WITH
 THE TIME PERIODS PERMITTED BY SUBDIVISIONS ONE, TWO, THREE AND  FOUR  OF
 THIS  SECTION  BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, AS SET
 FORTH IN THE REPORT SUBMITTED BY DCAS PURSUANT TO SUBPARAGRAPH  (II)  OF
 THIS  PARAGRAPH, THEN AN ADVISORY WORKGROUP FOR PROVISIONAL APPOINTMENTS
 IN THE CITY OF NEW YORK ("ADVISORY WORKGROUP") SHALL BE ESTABLISHED. THE
 ADVISORY WORKGROUP SHALL CONSIST OF SIX MEMBERS, ONE OF  WHOM  SHALL  BE
 APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL BE APPOINTED BY THE SPEAKER
 OF  THE ASSEMBLY, ONE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESI-
 DENT OF THE SENATE, TWO OF WHOM SHALL BE APPOINTED BY THE MAYOR  OF  THE
 CITY  OF  NEW YORK, INCLUDING ONE RECOMMENDED BY THE CITYWIDE BARGAINING
 REPRESENTATIVE, AND ONE OF WHOM SHALL BE APPOINTED BY  THE  COMMISSIONER
 OF  THE  NEW  YORK  CITY  DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES
 (DCAS).  THE ADVISORY WORKGROUP SHALL BE CHAIRED BY A MEMBER  DESIGNATED
 BY  THE  MAYOR. THE ADVISORY WORKGROUP SHALL SUBMIT TO THE GOVERNOR, THE
 STATE LEGISLATURE AND THE MAYOR A SINGLE RECOMMENDED PLAN FOR  THE  DCAS
 EMPLOYERS  TO  SUBSTANTIALLY  COMPLY  WITH THE TIME PERIODS PERMITTED BY
 SUBDIVISIONS ONE, TWO, THREE AND FOUR OF THIS SECTION, TO BE ADOPTED  BY
 OR  PURSUANT  TO  STATE LEGISLATION. FOR THE PURPOSES OF THIS PARAGRAPH,
 "SUBSTANTIAL COMPLIANCE" SHALL HAVE THE  SAME  MEANING  AS  PROVIDED  IN
 PARAGRAPH  (B)  OF  THIS SUBDIVISION. SUCH RECOMMENDED PLAN MAY INCLUDE,
 BUT SHALL NOT BE LIMITED TO, A SCHEDULE FOR ADMINISTRATION  OF  EXAMINA-
 TIONS AND ESTABLISHMENT OF ELIGIBLE LISTS, A DETERMINATION OF ADDITIONAL
 APPROPRIATE EXISTING OR PLANNED ELIGIBLE LISTS THAT MAY BE USED, CONSOL-
 IDATION  OF  TITLES  THROUGH APPROPRIATE RECLASSIFICATION, AND ANY OTHER
 LAWFUL AND APPROPRIATE MEANS OF  IMPLEMENTATION.  THE  RECOMMENDED  PLAN
 SHALL  TO  THE EXTENT PRACTICABLE BE SUPPORTED BY APPROPRIATE DOCUMENTA-
 TION AND EXPLANATION.
   (II) DCAS SHALL SUBMIT A PROGRESS REPORT TO THE GOVERNOR,  SPEAKER  OF
 THE  ASSEMBLY,  TEMPORARY  PRESIDENT  OF THE SENATE AND THE MAYOR OF THE
 CITY OF NEW YORK NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY. SUCH REPORT SHALL CONTAIN NUMBERS THAT ARE AS CURRENT AS PRACTICABLE
 AND SHALL INCLUDE THE TOTAL NUMBER OF PROVISIONAL  APPOINTMENTS  REMAIN-
 ING,  THE NUMBER OF PROVISIONAL APPOINTMENTS THAT HAVE BEEN REDUCED, THE
 NUMBER OF PROVISIONAL APPOINTMENTS THAT STILL  NEED  TO  BE  REDUCED  IN
 ORDER  TO ACHIEVE SUBSTANTIAL COMPLIANCE AS PROVIDED BY PARAGRAPH (B) OF
 THIS SUBDIVISION, AND A STATEMENT OF WHETHER DCAS  BELIEVES  SUBSTANTIAL
 COMPLIANCE  WITH THE TIMEFRAMES PERMITTED BY THIS SECTION AS PROVIDED BY
 PARAGRAPH (B) OF THIS SUBDIVISION CAN BE ACHIEVED  BY  DECEMBER  THIRTY-
 FIRST, TWO THOUSAND TWENTY-ONE.
   § 6. 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 amended by section two of this act, may administer
 qualified incumbent examinations, in addition to examinations authorized

 A. 11241                            5
 
 to  be  administered  pursuant  to  chapter  467 of the laws of 2016, in
 connection with appointment to the following titles:
   10070 ADMINISTRATIVE BENEFITS MANAGER (TRANSIT AUTHORITY)
   10054 ADMINISTRATIVE BLASTING INSPECTOR
   10014 ADMINISTRATIVE CONSULTANT (EARLY CHILDHOOD EDUCATION)
   10028 ADMINISTRATIVE NUTRITIONIST
   10029 ADMINISTRATIVE PROBATION OFFICER
   82997 ADMINISTRATIVE TRANSIT CUSTOMER SERVICE SPECIALIST
   21215 ARCHITECT
   91504 ASSISTANT CAPTAIN (FERRY SERVICE)
   20210 ASSISTANT CIVIL ENGINEER
   20310 ASSISTANT ELECTRICAL ENGINEER
   20410 ASSISTANT MECHANICAL ENGINEER
   71141 ASSOCIATE FINGERPRINT TECHNICIAN
   22508 ASSOCIATE HOUSING DEVELOPMENT SPECIALIST
   31640 ASSOCIATE INSPECTOR (BOILERS)
   31644 ASSOCIATE INSPECTOR (ELEVATOR)
   31647 ASSOCIATE INSPECTOR (HOISTS AND RIGGING)
   31695 ASSOCIATE INSPECTOR (HOUSING CONSTRUCTION)
   31676 ASSOCIATE INSPECTOR (LOW PRESSURE BOILERS)
   31649 ASSOCIATE INSPECTOR (PLUMBING)
   21514 ASSOCIATE LABORATORY MICROBIOLOGIST
   34193 ASSOCIATE QUALITY ASSURANCE SPECIALIST (FUEL)
   34196 ASSOCIATE QUALITY ASSURANCE SPECIALIST (PUPIL TRANSPORTATION)
   80122 ASSOCIATE REAL PROPERTY MANAGER
   31685 ASSOCIATE REHABILITATION SPECIALIST (HPD)
   60866 ASSOCIATE TRANSIT CUSTOMER SERVICE SPECIALIST
   92501 AUTO BODY WORKER
   20130 AUTOMOTIVE SPECIALIST
   92305 BLACKSMITH
   92306 BLACKSMITH'S HELPER
   90751 BOILER MAKER
   91805 BRIDGE PAINTER
   91510 CAPTAIN (FERRY)
   92605 CAR MAINTAINER - GROUP B
   91810 CAR MAINTAINER - GROUP C
   90706 CARRIAGE UPHOLSTERER
   30726 CLAIM SPECIALIST
   91900 COLLECTION SUPERVISOR (REVENUE)
   51014 CONSULTANT PUBLIC HEALTH NURSE (COMMUNICABLE DISEASES)
   50310 DIETITIAN
   40910 ECONOMIST
   20302 ELECTRICAL ENGINEERING INTERN
   20113 ENGINEERING TECHNICIAN
   20123 ESTIMATOR (MECHANICAL)
   81560 FERRY TERMINAL SUPERVISOR
   71105 FINGERPRINT TECHNICIAN TRAINEE
   90716 GLAZIER
   91415 GRAPHIC ARTIST
   81901 HOSTLER
   33995 INSPECTOR (CONSUMER AFFAIRS)
   31627 INSPECTOR (HOISTS AND RIGGING)
   31690 INSPECTOR (HOUSING CONSTRUCTION)
   31671 INSPECTOR (LOW PRESSURE BOILERS)
   31629 INSPECTOR (PLUMBING)
   31656 INSPECTOR MULTI DISCIPLINE

 A. 11241                            6
 
   3165A INSPECTOR MULTI DISCIPLINE ABI L211
   91000 INSTRUMENTATION SPECIALIST TRAINEE
   40235 INSURANCE ADVISOR
   12752 LABOR RELATIONS ANALYST TRAINEE
   21513 LABORATORY MICROBIOLOGIST
   21306 LANDSCAPE ARCHITECTURAL INTERN
   30081 LEGAL COORDINATOR
   1022A LEGAL SECRETARIAL ASSISTANT AL 2-3-4 ONLY
   91825 LETTERER AND SIGN PAINTER
   90723 LOCKSMITH
   91878 MAINTENANCE SUPERVISOR (ELEVATORS AND ESCALATORS)
   91882 MAINTENANCE SUPERVISOR (POWER ELECTRONICS)
   91883 MAINTENANCE SUPERVISOR (SIGNALS)
   91886 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP A-CARPENTRY)
   91888 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP C-IRON WORK)
   91891 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP F-PAINTING)
   91894 MAINTENANCE SUPERVISOR (TELEPHONES)
   91544 MARINE ENGINEER (DC)
   92587 MARINE MAINTENANCE MECHANIC
   20403 MECHANICAL ENGINEERING INTERN
   91225 METAL WORK MECHANIC
   30505 MORTGAGE TAX EXAMINER
   91210 MOTOR GRADER OPERATOR
   91232 MOTOR VEHICLE SUPERVISOR
   22401 MULTIPLE DWELLING SPECIALIST (BUILDINGS)
   91237 OIL BURNER SPECIALIST
   90610 PHOTOGRAPHER
   91752 POWER ELECTRONIC MAINTAINER
   91738 POWER MAINTAINER, GROUP B
   71165 PRINCIPAL FINGERPRINT TECHNICIAN
   22402 PRINCIPAL MULTIPLE DWELLING SPECIALIST (BUILDINGS)
   92123 PRINTING PRESS OPERATOR
   51800 PROBATION ASSISTANT
   51801 PROBATION OFFICER TRAINEE
   60621 PROGRAM PRODUCER
   51195 PUBLIC HEALTH ADVISOR (SCHOOL HEALTH)
   81805 PUBLIC HEALTH ASSISTANT
   81815 PUBLIC HEALTH ASSISTANT (SCHOOL HEALTH)
   34172 QUALITY ASSURANCE SPECIALIST (AUTOMOTIVE EQUIPMENT)
   34176 QUALITY ASSURANCE SPECIALIST (FOODS)
   34183 QUALITY ASSURANCE SPECIALIST (PUPIL TRANSPORTATION)
   34170 QUALITY ASSURANCE SPECIALIST TRAINEE
   80102 REAL PROPERTY ASSISTANT
   90736 RUBBER TIRE REPAIRER
   21538 SCIENTIST (WATER ECOLOGY)
   20131 SENIOR AUTOMOTIVE SPECIALIST
   51638 SENIOR CONSULTANT (PUBLIC HEALTH SOCIAL WORK)
   51263 SENIOR MENTAL HEALTH WORKER
   12176 SENIOR SALVAGE APPRAISER
   51239 STAFF AUDIOLOGIST
   91840 STRUCTURE MAINTAINER - GROUP F
   91845 STRUCTURE MAINTAINER - GROUP G
   92170 SUPERVISING BOOKBINDER
   81660 SUPERVISING DOCKMASTER
   51196 SUPERVISING PUBLIC HEALTH ADVISOR (SCHOOL HEALTH)
   51193 SUPERVISING PUBLIC HEALTH ADVISOR

 A. 11241                            7
 
   90776 SUPERVISOR BOILER MAKER
   91871 SUPERVISOR BRIDGE PAINTER
   90778 SUPERVISOR GLAZIER
   92376 SUPERVISOR OF IRONWORK
   21015 SURVEYOR
   91215 TRACTOR OPERATOR
   31715 TRAFFIC CONTROL INSPECTOR
   13116 TRANSIT MANAGEMENT ANALYST TRAINEE
   20822 TRANSIT RAILCAR TECHNOLOGY SPECIALIST (OPERATIONS)
   20820 TRANSIT RAILCAR TECHNOLOGY SPECIALIST INTERN
   92355 WELDER
   91611 CRANE OPERATOR (ANY MOTIVE POWER EXCEPT STEAM)
   §  7.  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 467 of the laws of 2016, are amended to
 read as follows:
   § 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 AND 2018, 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  exten-
 sion  thereof  entered  into pursuant to such paragraph may include, but
 shall not be limited to, the appropriate  arbitration,  adjudication  or
 other  disposition  of  disciplinary  or other matters concerning provi-
 sional employees that were pending on the effective date of this act.
   § 5. This act shall take effect immediately, and shall expire December
 31, [2018] 2021 when upon such date the provisions of this act shall  be
 deemed repealed.
   §   8. 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 467 of
 the laws of 2016, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, [2018] 2021.
   §  9. 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.
   § 10. This act shall take effect immediately; provided, however,  that
 the  amendments  to subdivision 5 of section 65 of the civil service law
 made by sections two, three, four and five 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 seven of this act shall not affect the
 repeal of such section and  shall  be  deemed  repealed  therewith;  and
 provided further that eligible lists and appointments resulting from the
 qualified  incumbent  examinations  administered  pursuant  to paragraph
 (c-2) of subdivision 5 of section  65  of  the  civil  service  law,  as
 amended by section two of this act, shall not be affected by the expira-
 tion and repeal of such subdivision.