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Assembly Bill A2179

2021-2022 Legislative Session

Requires persons assuming exempt class positions to demonstrate their competence for such position through education or professional training

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Archive: Last Bill Status - Stricken

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2021-A2179 (ACTIVE) - Details

Law Section:
Civil Service Law
Laws Affected:
Amd §§41 & 42, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3572
2011-2012: A2810
2013-2014: A3398
2015-2016: A4855
2017-2018: A610
2019-2020: A81

2021-A2179 (ACTIVE) - Summary

Requires persons assuming exempt non-competitive class civil service positions to demonstrate their competence for such position through education, substantive experience or professional training or examination as deemed appropriate by the civil service commission.

2021-A2179 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2179
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON --
   read once and referred to the Committee on Governmental Employees
 
 AN  ACT  to amend the civil service law, in relation to providing compe-
   tency standards for exempt and non-competitive class positions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 41 of the civil service law is amended by adding a
 new subdivision 3 to read as follows:
   3. NO PERSON SHALL BE PERMITTED TO ASSUME ANY  EXEMPT  CLASS  POSITION
 WHO  HAS  NOT  DEMONSTRATED  HIS  OR HER COMPETENCE FOR THAT POSITION BY
 REASON OF PROFESSIONAL TRAINING, SUBSTANTIVE EXPERIENCE AND EDUCATION OR
 SUCH EXAMINATION AS MAY BE DEEMED APPROPRIATE IN ACCORDANCE WITH SECTION
 FIFTY OF THIS CHAPTER.
   § 2. Subdivision 1 of section 42 of the civil service law, as  amended
 by chapter 155 of the laws of 1961, is amended to read as follows:
   1.  The non-competitive class shall include all positions that are not
 in the exempt class or the labor class and for which it is found by  the
 commission  having  jurisdiction  to be not practicable to ascertain the
 merit and fitness of applicants by competitive  examination.    Appoint-
 ments to positions in the non-competitive class shall be made after such
 non-competitive  examination as is prescribed by the state civil service
 department or municipal commission having jurisdiction, EXCEPT  THAT  NO
 PERSON  SHALL  BE  PERMITTED TO ASSUME ANY ADMINISTRATIVE OR SUPERVISORY
 POSITION WHO HAS NOT DEMONSTRATED HIS OR HER COMPETENCE FOR  THAT  POSI-
 TION  BY  REASON  OF  PROFESSIONAL  TRAINING, SUBSTANTIVE EXPERIENCE AND
 EDUCATION OR SUCH EXAMINATION AS MAY BE DEEMED APPROPRIATE IN ACCORDANCE
 WITH SECTION FIFTY OF THIS CHAPTER.  No position shall be deemed  to  be
 in  the  non-competitive  class  unless it is specifically named in such
 class in the rules. Not more than one appointment shall be  made  to  or
 under  the title of any office or position placed in the non-competitive
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07578-01-1

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