S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5847
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to including  persons
   holding  positions by appointment or employment in the organized mili-
   tia of the state as public employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 7 of section 201 of the civil
 service law, as amended by chapter 817 of the laws of 1977,  is  amended
 to read as follows:
   (a)  The term "public employee" means any person holding a position by
 appointment or employment in the service of a  public  employer,  except
 that  such  term  shall not include for the purposes of any provision of
 this article other than sections two hundred ten and two hundred  eleven
 of  this  article,  judges  and  justices  of  the unified court system,
 [persons holding positions by appointment or employment in the organized
 militia of the state] and persons who may reasonably be designated  from
 time  to  time  as  managerial  or  confidential upon application of the
 public employer to the appropriate board in accordance  with  procedures
 established  pursuant  to section two hundred five or two hundred twelve
 of this article, which procedures shall provide  that  any  such  desig-
 nations  made during a period of unchallenged representation pursuant to
 subdivision two of section two hundred eight of this chapter shall  only
 become  effective  upon  the  termination of such period of unchallenged
 representation. Employees may be designated as managerial only  if  they
 are  persons  (i)  who  formulate  policy  or (ii) who may reasonably be
 required on behalf of the public employer  to  assist  directly  in  the
 preparation  for  and  conduct  of  collective negotiations or to have a
 major role in the administration of agreements or in personnel  adminis-
 tration  provided  that such role is not of a routine or clerical nature
 and requires the exercise of independent judgment.    Employees  may  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09530-01-5
              

 A. 5847                             2
 
 designated  as  confidential only if they are persons who assist and act
 in a confidential capacity to managerial employees described in [clause]
 SUBPARAGRAPH (ii) OF THIS PARAGRAPH.
   § 2. This act shall take effect immediately.