LBD11739-01-1
S. 7100 2
By December 31, 2019, the DCAS employers had reduced the provisional
headcount to 15,134, a dramatic decrease from 37,797 provisional
appointees in 2008, and the pace of provisional reduction was accelerat-
ing. By increasing capacity to administer competitive examinations
through the use of automated examination development systems and other
measures during 2019, the DCAS employers achieved significant progress,
reducing the number of provisional appointees by 10% over the course of
2019. The DCAS employers were steadily approaching and likely to meet
the legislative goal of substantial compliance as defined by paragraph
(b) of subdivision 5 of section 65 by the end of 2021.
Since March 2020, the city's ability to make more progress in the
reduction of provisional appointments has been severely impaired by the
COVID-19 state of emergency. Due to COVID-19 related restrictions on
gathering, the city has been unable to administer in-person tests for
competitive class titles. At the same time, a hiring freeze resulting
from fiscal impacts of the pandemic has required agencies to continue
provisional appointments past the nine-month statutory limit to ensure
the delivery of essential services.
In light of these circumstances, 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 exam-
ination which, as far as practicable, shall be competitive," would be
furthered by maintaining, for an additional defined period, the orderly
planning and implementation process, including review by the state civil
service commission, originally established by chapter 5 of the laws of
2008 and later extended by the legislature. The difficulties created by
the large number of affected titles and employees, and the potential
operational and budgetary dislocation that would be caused by rapid
turnover in the many remaining titles, require that DCAS continue to
further the constitutional mandate by the means authorized by recent
enactments. 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 reclassification of titles where appropriate, DCAS is author-
ized to continue to administer examinations to provisional employees
with specified qualifications and experience. These examinations, in
the context of the present plan, will facilitate lawful appointment of
these employees to permanent competitive class positions, and thereby
accelerate the transition of the DCAS employers to a system that does
not require substantial use of provisional appointments.
The legislature further finds that it is appropriate to adjust the
statutory goal for the reduction of provisional appointments exceeding
statutory limits in light of the shrinking municipal workforce in New
York city and the challenges presented by recent developments, as
described in these findings.
§ 2. Subparagraph (ii) of paragraph (c-2) of subdivision 5 of section
65 of the civil service law, as amended by chapter 419 of the laws of
2018, is amended to read as follows:
(ii) DCAS may administer a QIE only for those titles that are set
forth in section four of chapter four hundred sixty-seven of the laws of
two thousand sixteen, [or] in section five of [the] chapter FOUR HUNDRED
NINETEEN of the laws of two thousand eighteen, OR IN SECTION FIVE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE that amended this subpar-
agraph; PROVIDED, HOWEVER, THAT DCAS SHALL NOT ADMINISTER MORE THAN ONE
QIE PER TITLE.
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§ 3. Subdivision 5 of section 65 of the civil service law is amended
by adding a new paragraph (c-5) to read as follows:
(C-5) ADDITIONAL PLAN REVISION FOR PROVISIONAL EMPLOYEES. WITHIN
SIXTY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-ONE THAT ADDED 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 THOU-
SAND TWENTY-THREE, TO FURTHER REDUCE THE NUMBER OF PROVISIONAL APPOINT-
MENTS THAT HAVE CONTINUED BEYOND THE PERIODS OTHERWISE PERMITTED BY THIS
SECTION, PROVIDED THAT THE PERCENTAGE GOAL FOR SUBSTANTIAL COMPLIANCE
OTHERWISE SPECIFIED IN SUCH PARAGRAPH SHALL BE SIX AND ONE-HALF PERCENT.
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 EXPLA-
NATION, AND THE INFORMATION CONTAINED IN THE PLAN SHALL BE CONFIRMED BY
THE COMMISSIONER OF DCAS AS ACCURATE TO THE BEST OF HIS OR HER KNOW-
LEDGE, 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 RECOMMENDED
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 SUBDIVI-
SION, THIS SUBDIVISION SHALL NO LONGER BE IN FORCE AND EFFECT IF NO
REVISED PLAN HAS BEEN APPROVED BY THE STATE COMMISSION WITHIN EIGHTEEN
MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.
§ 4. Paragraphs (d), (f), (g) and (h) of subdivision 5 of section 65
of the civil service law, paragraphs (d), (f) and (g) as amended and
paragraph (h) as added by chapter 419 of the laws of 2018, 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),
(c), (c-1), (c-3) [and], (c-4) AND (C-5) 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 commis-
sion. Such request shall detail the circumstances that have arisen
necessitating 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
modification, 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 employ-
ers within thirty 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 abili-
ty of the DCAS employers to reduce the number of provisional appoint-
ments in accordance with paragraph (c-1), (c-3) [or], (c-4) OR (C-5), as
applicable, of this subdivision, DCAS may so certify and the modifica-
tion may be implemented and shall be filed by DCAS with the state
commission within five business days. In the event that a request for
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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 para-
graph 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 subdi-
vision.
(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 THE 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 subdivi-
sion, and of revised plans in accordance with paragraphs (c-1), (c-3)
[and], (c-4) AND (C-5) of this subdivision. The provisions of subdivi-
sion 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
a plan in accordance with paragraphs (b), (c) and (e) of this subdivi-
sion, and of revised plans in accordance with paragraphs (c-1), (c-3)
[and], (c-4) AND (C-5) of this subdivision, and shall not apply to any
provisional 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.
(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] TWEN-
TY-THREE, 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 president of the senate, two of whom shall be
appointed by the mayor of the city of New York, including one recom-
mended 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
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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), AS MODIFIED BY PARAGRAPH
(C-5) of this subdivision. Such recommended plan may include, but shall
not be limited to, a schedule for administration of examinations and
establishment of eligible lists, a determination of additional appropri-
ate existing or planned eligible lists that may be used, consolidation
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 documentation and expla-
nation.
(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
[twenty] TWENTY-TWO. Such report shall contain numbers that are as
current as practicable and shall include the total number of provisional
appointments remaining, 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] TWENTY-THREE.
§ 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 and chap-
ter 419 of the laws of 2018, in connection with appointment to the
following titles:
10045 ADMINISTRATIVE SUPERVISOR OF SKILLED TRADES (HA)
21205 ARCHITECTURAL INTERN
31313 ASBESTOS HANDLER
90621 ASSISTANT MEDIA SERVICES TECHNICIAN
40491 ASSISTANT RETIREMENT BENEFITS EXAMINER
21822 ASSOCIATE CHEMIST
60816 ASSOCIATE PUBLIC INFORMATION SPECIALIST
92310 BRIDGE REPAIRER AND RIVETER
90706 CARRIAGE UPHOLSTERER
51018 CONSULTANT PUBLIC HEALTH NURSE (REHABILITATION)
30825 COUNTY DETECTIVE
13633 CYBER SECURITY ANALYST
60210 DEPARTMENT LIBRARIAN
80710 HOUSEKEEPER
80202 HOUSING ASSISTANT (BILINGUAL)
31620 INSPECTOR (BOILERS)
91000 INSTRUMENTATION SPECIALIST TRAINEE
40238 INSURANCE ADVISER (HOUSING AUTHORITY)
21512 LABORATORY ASSOCIATE
10229 LEGAL SECRETARIAL ASSISTANT
91548 MARINE OILER (DC)
91547 MARINE OILER (FERRY OPERATIONS)
91501 MARINER
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22425 PROJECT MANAGER INTERN
51181 PUBLIC HEALTH EPIDEMIOLOGIST
34171 QUALITY ASSURANCE SPECIALIST
34173 QUALITY ASSURANCE SPECIALIST (BUILDING REPAIRS)
30827 SENIOR DETECTIVE INVESTIGATOR
33765 SERVICE INSPECTOR (DOT)
52315 SUPERVISOR OF CHILD CARER
92073 SUPERVISOR SHIP CARPENTER
20247 TELECOMMUNICATIONS ASSOCIATE (VOICE)
40482 WORKERS' COMPENSATION BENEFITS EXAMINER
§ 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 419 of the laws of 2018, 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, 2016
[and], 2018 AND 2021, 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, [2021] 2023 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 419 of
the laws of 2018, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed December 31, [2021] 2023.
§ 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
portions of this act, which remaining portions shall continue in full
force and effect.
§ 9. This act shall take effect immediately; provided that: (i) 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; (ii) 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 (iii) eligible lists and appointments
resulting from the qualified incumbent examinations administered pursu-
ant 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 of such provisions.