Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 74-I
Transfer of personnel; county, city and town
Social Services (SOS) CHAPTER 55, ARTICLE 3, TITLE 3-A
§ 74-i. Transfer of personnel; county, city and town. 1. When,
pursuant to the provisions of this chapter or of any other law, the
functions, powers and duties exercised by a city or town in the
administration of public assistance and care, are transferred or
assigned, in whole or in part, to a county, provision shall be made for
the county to employ so much of the staff employed by such city or town
in the administration and execution of the functions, powers and duties
so transferred or assigned as may be practicable and necessary.
Officers and employees shall be transferred without further examination
or qualification and they shall retain their respective civil service
classification and status provided that, in determining the officers and
employees to be transferred to a county, such officers and employees
shall be selected within each grade of each class of positions in the
order of their original appointment in the service of the city or town,
as the case may be. Officers and employees in the competitive class of
the civil service of the city or town who are not transferred to the
county shall have their names entered upon appropriate city or town
preferred lists, as the case may be, pursuant to section thirty-one of
the civil service law. Temporary and provisional employees may be
transferred and shall, thereafter, be subject to such examinations as
are required by law. If the functions transferred are retransferred in
accordance with the provisions of this chapter, upon such retransfer,
the officers or employees who were transferred and who are employed by
the county on the date of such retransfer shall likewise be
retransferred; and, thereafter, they shall be deemed officers and
employees of the city or town from which they were originally
transferred, and they shall retain their civil service status, rights
and privileges.

2. When, pursuant to the provisions of this chapter, the functions,
powers and duties exercised by a county in the administration of public
assistance and care are transferred or assigned, in whole or in part, to
a city, or are assumed in part by a city or town which elects, pursuant
to this chapter or any other law, to constitute itself a public welfare
district, provision shall be made for the city or town to employ so much
of the staff employed by such county in the administration and execution
of the functions, powers and duties so transferred, assigned or assumed
as may be practicable and necessary. Officers and employees shall be
transferred without further examination or qualification and they shall
retain their respective civil service classification and status provided
that, in determining the officers and employees to be transferred to the
city or town, such officers and employees shall be selected within each
grade of each class of positions in the order of their original
appointment in the service of the county. Officers and employees in the
competitive class of the civil service of the county who are not
transferred to the city or town shall have their names entered upon
appropriate county preferred lists, pursuant to section thirty-one of
the civil service law. Temporary and provisional employees may be
transferred and shall, thereafter, be subject to such examinations as
are required by law. If the functions transferred are retransferred in
accordance with the provisions of this chapter, upon such retransfer,
the officers and employees who are transferred and who are employed by
the city on the date of such retransfer shall likewise be retransferred;
and, thereafter, they shall be deemed officers and employees of the
county, and they shall retain their civil service status, rights and
privileges.