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Assembly Bill A9253

2023-2024 Legislative Session

Relates to provisional appointments

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Archive: Last Bill Status - Stricken

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2023-A9253 (ACTIVE) - Details

Law Section:
Civil Service Law
Laws Affected:
Amd §65, Civ Serv L

2023-A9253 (ACTIVE) - Summary

Provides that a provisional employee at a school district or board of cooperative educational services who exhausted the nine month provisional appointment limitation shall be granted permanent status if such employee has exceeded the probationary term or, if such employee has not exceeded the probationary term, such provisional service shall count as service towards the probationary term.

2023-A9253 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9253
 
                           I N  A S S E M B L Y
 
                             February 22, 2024
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the  civil  service  law,  in  relation  to  provisional
   appointments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 65 of the civil  service  law,  as
 added by chapter 790 of the laws of 1958, is amended to read as follows:
   1. Provisional  appointments  authorized.  (A)  Whenever  there  is no
 appropriate eligible list available for filling a vacancy in the compet-
 itive class, the appointing officer may nominate a person to  the  state
 civil  service  department  or  municipal commission for non-competitive
 examination, and if such nominee shall be certified by  such  department
 or municipal commission as qualified after such non-competitive examina-
 tion,  he  may  be  appointed provisionally to fill such vacancy until a
 selection and appointment can be  made  after  competitive  examination.
 Such  non-competitive examination may consist of a review and evaluation
 of the training, experience and other  qualifications  of  the  nominee,
 without written, oral or other performance tests.
   (B)  IN THE EVENT A PROVISIONAL EMPLOYEE AT A SCHOOL DISTRICT OR BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES HAS EXHAUSTED THE NINE MONTH  PROVI-
 SIONAL  APPOINTMENT LIMITATION AND NO APPROPRIATE ELIGIBLE LIST HAS BEEN
 ESTABLISHED:
   (I) SUCH EMPLOYEE SHALL BE GRANTED PERMANENT STATUS IF  SUCH  EMPLOYEE
 HAS EXCEEDED THE PROBATIONARY TERM; OR
   (II)  IF  SUCH  EMPLOYEE  HAS NOT EXCEEDED THE PROBATIONARY TERM, SUCH
 PROVISIONAL SERVICE SHALL COUNT  AS  SERVICE  TOWARDS  THE  PROBATIONARY
 TERM.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11638-01-3

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