NY State Senate Bill 2017-S8837A

Archive: Last Bill Status Via A11241 - 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
Dec 21, 2018	signed chap.419
Dec 11, 2018	delivered to governor
Jun 20, 2018	returned to assembly passed senate 3rd reading cal.1976 substituted for s8837a
Jun 20, 2018	substituted by a11241
Jun 19, 2018	ordered to third reading cal.1976 committee discharged and committed to rules
Jun 17, 2018	print number 8837a
Jun 17, 2018	amend and recommit to civil service and pensions
May 23, 2018	referred to civil service and pensions

Votes

- Jun 20, 2018 - Floor Vote
  A11241
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (60)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 19, 2018 - Rules Committee Vote
  S8837A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2018
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

A (Active)

2017-S8837 - Details

See Assembly Version of this Bill:: A11241
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

2017-S8837 - Summary

Relates to civil service provisional employees in New York city; extends certain provisions relating thereto.

2017-S8837 - Sponsor Memo

                                
 
BILL NUMBER: S8837

SPONSOR: GOLDEN
 
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 chap-
ter; 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

 
PURPOSE OR GENERAL IDEA OF BILL:

To extend certain negotiated agreements relating to provisional employ-
ees of certain public employers in New York City.

 
SUMMARY OF SPECIFIC 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 appoint-
ments are managed by the City's Department of Citywide Administrative
Services ("DCAS", and such entities are referred to as the "DCAS employ-
ers"), 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. This progress has been facilitated most recently by techno-
logical advancements together with administration of qualified incumbent
examinations and reclassification of titles. However, 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 extensions
authorized by Chapter 284 of the Laws of 2014 and Chapter 467 of the
Laws of 2016.  A revision and extension of such plan would now afford
the City and the DCAS employers the opportunity to implement further
appropriate actions while maintaining 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 budget-
ary 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 continue to be furthered by
means previously 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 competitive testing
that was contained in previous plans as well as proposed reclassifica-
tion of titles where appropriate, DCAS is authorized to administer an
examination to provisional employees in certain titles 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 tran-
sition of the DCAS employers to a system that does not require substan-
tial use of provisional appointments.

Section 2 of the bill would amend subparagraph (ii) of paragraph (c-2)
of Civil Service Law § 65(5). Amended 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 exam-
ination, 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 employ-
ers would be authorized to appoint permanently an employee with two or
more years of provisional service from the list resulting from the exam-
ination. The titles for which DCAS could administer such a Lest to
incumbent employees would be limited to those expressly identified in
Section 4 of Chapter 467 of the Laws of 2016 or Section 5 of the bill.

Section 3 of the bill would add a new paragraph (c-4) to Civil Service
Law § 65(5). Paragraph (c-4) would authorize the DCAS employers to
submit to the State Civil Service Commission ("State Commission") a
revised plan, to be implemented by December 31, 2020, 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 appro-
priate 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 4 of the bill would make conforming amendments to subdivisions
(d), (l) and (g) of Civil Service Law § 65(5) in light of the proposed
addition of a new paragraph (c-4). This would ensure that the plan
modification procedures, which permit an extension of no more than one
year, as well as the time limitation suspension and authorization of
negotiated disciplinary procedures, would continue to apply.

Section 5 of the bill would set forth the list of 122 titles for which
DCAS would be authorized to administer a qualified incumbent examination
pursuant to amended subparagraph (ii) of paragraph (c2).

Section 6 of the bill would make a conforming amendment to § 3 of Chap-
ter 5 of the Laws of 2008 with respect to the negotiated agreements
entered into as a result of the plan, reflecting the amendment to para-
graph (g) of § 65(5) proposed by Section 4 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, 2021.

Section 7 of the bill would amend (to be December 31, 2021) the expira-
tion date of Part I of Chapter 56 of the Laws of 2008 which added subdi-
vision 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 8 of the bill is a severability clause.

Section 9 of the bill provides that the act would take effect immediate-
ly.

 
JUSTIFICATION:

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 provi-
sional 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 State 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. As of April 1, 2018, the number of provisional employees on the
payrolls of the DCAS employers is approximately 21,000, a substantial
reduction of almost 17,000 from the number in May 2008, and the pace of
provisional reduction has increased markedly. More than 12% of the total
reduction in provisional appointments since 2008 was achieved during the
period January 1, 2017 to March 31, 20 L 8. By increasing its capacity
to administer competitive examinations through the use of automated
examination development systems and other measures, during this 15-month
period the City reduced the number of newly appointed provisional
employees by more than 14%, and in addition, the administration of qual-
ified incumbent examinations and other competitive civil service exam-
inations led to a reduction of 15.5% in the number of long-term provi-
sional appointees. The City is thus steadily approaching the objective
of achieving substantial compliance with the length of provisional
appointments permitted by section 65 of the Civil Service Law.

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. 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. Such limited authorizations, only
in the context of implementing the plan, are consistent with the "merit
and fitness" policy of the State Constitution.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8837 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8837
 
                             I N  S E N A T E
 
                               May 23, 2018
                                ___________
 
 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. 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.
                                                            LBD15982-02-8

 S. 8837                             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,  TO  FURTHER REDUCE THE NUMBER OF PROVISIONAL APPOINT-
 MENTS 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
 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:

 S. 8837                             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, OR A DATE NOT MORE
 THAN ONE YEAR BEYOND THE PERIOD AUTHORIZED BY PARAGRAPH  (C-4)  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-

 S. 8837                             4
 
 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  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. 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
 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)

 S. 8837                             5

   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
   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)

 S. 8837                             6
 
   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
   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)
   §  6.  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.
   §   7. 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.
   §  8. 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

 S. 8837                             7
 
 portions  of  this  act, which remaining portions shall continue in full
 force and effect.
   §  9.  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 and four 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 six 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 quali-
 fied 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  expiration  and
 repeal of such subdivision.

co-Sponsors

2017-S8837A (ACTIVE) - Details

See Assembly Version of this Bill:: A11241
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

2017-S8837A (ACTIVE) - Summary

Relates to civil service provisional employees in New York city; extends certain provisions relating thereto.

2017-S8837A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8837A

SPONSOR: GOLDEN
 
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 chap-
ter; 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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation extends the escalation of a cost of living increase of
approximately 3% for all line-of-duty widows or widowers for fiscal year
2018-19.

 
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 appoint-
ments are managed by the City's Department of Citywide Administrative
Services ("DCAS", and such entities are referred to as the "DCAS employ-
ers"), 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. This progress has been facilitated most recently by techno-
logical advancements together with administration of qualified incumbent
examinations and reclassification of titles. However, 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 extensions
authorized by Chapter 284 of the Laws of 2014 and Chapter 467 of the
Laws of 2016.  A revision and extension of such plan would now afford
the City and the DCAS employers the opportunity to implement further
appropriate actions while maintaining 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 budget-
ary 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 continue to be furthered by
means previously 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 competitive testing
that was contained in previous plans as well as proposed reclassifica-
tion of titles where appropriate, DCAS is authorized to administer an
examination to provisional employees in certain titles 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 tran-
sition of the DCAS employers to a system that does not require substan-
tial use of provisional appointments.
Section 2 of the bill would amend subparagraph (ii) of paragraph (c-2)
of Civil Service Law § 65(5). Amended 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 exam-
ination, 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 employ-
ers would be authorized to appoint permanently an employee with two or
more years of provisional service from the list resulting from the exam-
ination. The titles for which DCAS could administer such a test to
incumbent employees would be limited to those expressly identified in
Section 4 of Chapter 467 of the Laws of 2016 or Section 5 of the bill.

Section 3 of the bill would add a new paragraph (c-4) to Civil Service
Law § 65(5). Paragraph (c-4) would authorize the DCAS employers to
submit to the State Civil Service Commission ("State Commission") a
revised plan, to be implemented by December 31, 2021, 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 appro-
priate 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 4 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-4). 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 5 of the bill would add a new paragraph (h) to subdivision 5 of
section 65 of the Civil Service Law. This new paragraph would provide,
in subparagraph (i), for creation of an advisory workgroup in the event
that the DCAS employers are not in substantial compliance with the time
periods permitted by subdivisions 1 through 4 of section 65 of the Civil
Service Law by December 31. 2021, as determined by the report submitted
by DCAS pursuant to subparagraph (ii) of the new subdivision. The advi-
sory workgroup would include six members, appointed by the Governor,
Assembly Speaker, Temporary President of the Senate. Mayor and DCAS
Commissioner, and be chaired by a mayoral designee. One of the Mayor's
two appointees would be recommended by the citywide bargaining represen-
tative. The workgroup would recommend a plan for substantial compliance,
as defined by paragraph (b) of subdivision 5, to be adopted by or pursu-
ant to state legislation. The plan could include any number of specified
or other elements. Subparagraph (ii) would require DCAS to submit a
progress report to the Governor, legislative leaders and the Mayor by
December 31, 2020, containing statistics intended to measure the
progress of DCAS employers, together with a statement of whether DCAS
believes that substantial compliance is possible by December 31, 2021.

Section 6 of the bill would set forth the list of 122 titles for which
DCAS would be authorized to administer a qualified incumbent examination
pursuant to amended subparagraph (ii) of paragraph (c-2).


Section 7 of the bill would make a conforming amendment to § 3 of Chap-
ter 5 of the Laws of 2008 with respect to the negotiated agreements
entered into as a result of the plan, reflecting the amendment to para-
graph (g) of § 65(5) proposed by Section 4 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, 2021.

Section 8 of the bill would amend (to be December 31, 2021) the expira-
tion date of Part I of Chapter 56 of the Laws of 2008 which added subdi-
vision 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 9 of the bill is a severability clause.

Section 10 of the bill provides that the act would take effect imme-
diately, but the expiration of certain provisions (as extended by
sections 6 and 7 of the bill) would not be affected by amendments made
by the bill. Further, eligible lists and appointments resulting from the
qualified incumbent examination would be unaffected by the expiration of
the amendments providing for the examination.

 
JUSTIFICATION:

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 provi-
sional 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 State 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. As of April 1, 2018, the number of provisional employees on the
payrolls of the DCAS employers is approximately 21,000, a substantial
reduction of almost 17,000 from the number in May 2008, and the pace of
provisional reduction has increased markedly. More than 12% of the total
reduction in provisional appointments since 2008 was achieved during the
period January 1, 2017 to March 31, 2018. By increasing its capacity to
administer competitive examinations through the use of automated exam-
ination development systems and other measures, during this 15-month
period the City reduced the number of newly appointed provisional
employees by more than 14%, and in addition, the administration of qual-
ified incumbent examinations and other competitive civil service exam-
inations led to a reduction of 15.5% in the number of long-term provi-
sional appointees. The City is thus steadily approaching the objective

of achieving substantial compliance with the length of provisional
appointments permitted by section 65 of the Civil Service Law.

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. 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. Such limited authorizations, only
in the context of implementing the plan, are consistent with the "merit
and fitness" policy of the State Constitution.

This bill contains additional mechanisms designed to promote progress by
DCAS and the DCAS employers. It would require DCAS to provide a report
by the end of 2020 on the implementation of the provisional reduction
plan, and the prospects for substantial compliance to be achieved by the
end of 2021. If the report does not reflect substantial compliance when
submitted, the bill would also provide for the establishment of an advi-
sory workgroup for provisional appointments in the city of New York
comprising six members appointed by the Governor, the Legislature, and
the Mayor, including one member recommended to the Mayor by the citywide
bargaining representative, which would prepare a recommended plan for
substantial compliance, to be adopted by or pursuant to state legis-
lation.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
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.

2017-S8837A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8837--A
 
                             I N  S E N A T E
 
                               May 23, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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

 maintaining, for an additional defined period, the orderly planning  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15982-05-8

 S. 8837--A                          2
 
 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:
   (d) Modifications of the plan. During the course of  implementing  the
 plan  developed, approved and revised in accordance with paragraphs (b),

 S. 8837--A                          3
 
 (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
 upon the effective date of chapter five of  the  laws  of  two  thousand
 eight,  and during the timely submission, approval and implementation of

 S. 8837--A                          4
 
 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
 to  be  administered  pursuant  to  chapter  467 of the laws of 2016, in
 connection with appointment to the following titles:

 S. 8837--A                          5

   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
   3165A INSPECTOR MULTI DISCIPLINE ABI L211
   91000 INSTRUMENTATION SPECIALIST TRAINEE

 S. 8837--A                          6
 
   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
   90776 SUPERVISOR BOILER MAKER
   91871 SUPERVISOR BRIDGE PAINTER

 S. 8837--A                          7
 
   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.

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Senate Bill S8837A

Sponsored By

Archive: Last Bill Status Via A11241 - Signed by Governor

Jun 20, 2018 - Floor Vote

Floor Vote: Jun 20, 2018

Jun 19, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2018

Bill Amendments

2017-S8837 - Details

2017-S8837 - Summary

2017-S8837 - Sponsor Memo

2017-S8837 - Bill Text download pdf

co-Sponsors

2017-S8837A (ACTIVE) - Details

2017-S8837A (ACTIVE) - Summary

2017-S8837A (ACTIVE) - Sponsor Memo

2017-S8837A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8837A

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Sponsored By

Martin J. Golden

Archive: Last Bill Status Via A11241 - Signed by Governor

Bill Amendments

2017-S8837 - Details

2017-S8837 - Summary

2017-S8837 - Sponsor Memo

2017-S8837 - Bill Text download pdf

co-Sponsors

Tony Avella

2017-S8837A (ACTIVE) - Details

2017-S8837A (ACTIVE) - Summary

2017-S8837A (ACTIVE) - Sponsor Memo

2017-S8837A (ACTIVE) - Bill Text download pdf

Comments