A08037 Summary:

BILL NOA08037
 
SAME ASSAME AS S07145
 
SPONSORArroyo
 
COSPNSRCrespo, Ramos, Sepulveda, Rozic, Davila, Dilan, Moya, Pichardo, Linares, Rodriguez, Mosley, Ortiz, Jean-Pierre, Blake, Cancel, Hooper
 
MLTSPNSRCook, Hyndman
 
Add Art 2 Title A-1 SS12 - 12-e, Civ Serv L
 
Relates to implementing equal employment opportunity and affirmative action for classified civil service positions in the service of the state.
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A08037 Actions:

BILL NOA08037
 
06/04/2015referred to governmental employees
01/06/2016referred to governmental employees
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A08037 Committee Votes:

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A08037 Floor Votes:

There are no votes for this bill in this legislative session.
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A08037 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8037
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 4, 2015
                                       ___________
 
        Introduced  by M. of A. ARROYO, CRESPO, RAMOS, SEPULVEDA, ROZIC, DAVILA,
          DILAN, MOYA, PICHARDO, LINARES, RODRIGUEZ -- read once and referred to
          the Committee on Governmental Employees
 
        AN ACT to amend the civil service law, in relation to implementing equal
          employment opportunity and affirmative  action  for  classified  civil
          service positions in the service of the state
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 2 of the civil service law is amended by  adding  a
     2  new title A-1 to read as follows:
     3                                  TITLE A-1
     4                     STATE EQUAL EMPLOYMENT OPPORTUNITY
     5  Section 12.   Statement of policy.
     6          12-a. Definitions.
     7          12-b. Equal employment opportunity; duties of president.
     8          12-c. Executive committee for affirmative action.
     9          12-d. Development   and  implementation  of  affirmative  action
    10                  programs.
    11          12-e. Affirmative action advisory council.
    12    § 12. Statement of policy. It shall be the policy of this  state  that
    13  equal  employment  opportunity be afforded to all persons in and seeking
    14  to enter state service, and that affirmative action be provided  in  the
    15  administration  of  this chapter, in accordance with the requirements of
    16  the human rights law (article fifteen of  the  executive  law)  and  the
    17  mandates  of  Title VII of the federal Civil Rights Act. Accordingly, it
    18  shall be the responsibility of the department  to  enforce  the  state's
    19  policy  of  ensuring  full  and  equal employment for minorities, women,
    20  persons with disabilities and veterans at all  classified  positions  of
    21  state service.
    22    § 12-a. Definitions. For the purposes of this title:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09990-01-5

        A. 8037                             2
 
     1    1. "Advisory council" shall mean the affirmative action advisory coun-
     2  cil established by section twelve-e of this title.
     3    2. "Executive committee" shall mean the executive committee for affir-
     4  mative action established by section twelve-c of this title.
     5    3.  "State  agency" shall have the same meaning as is ascribed to such
     6  term by subdivision eleven of section three hundred ten of the executive
     7  law, and any public authority or public benefit corporation  established
     8  pursuant to statute.
     9    4.  "Veteran"  shall have the same meaning as is ascribed to such term
    10  pursuant to subdivision three of section  three  hundred  fifty  of  the
    11  executive law.
    12    §  12-b. Equal employment opportunity; duties of president. The presi-
    13  dent shall:
    14    1. issue rules and regulations for the  preparation  of  annual  state
    15  agency  affirmative  action plans, and annual statewide goals and objec-
    16  tives for the employment of minorities, women, persons with disabilities
    17  and veterans. In  addition,  the  department  shall  provide  staff  and
    18  personnel  for  the  development  of comprehensive statewide affirmative
    19  action rules, regulations, policies, goals, objectives  and  implementa-
    20  tion strategies;
    21    2. in consultation with the executive committee, monitor the implemen-
    22  tation  of  the  written affirmative action plans of state agencies on a
    23  continuing basis, including the  need  for  revising  or  amending  such
    24  plans,  and  report  to  the governor and the legislature on a quarterly
    25  basis on the progress of incorporating its recommendations for improving
    26  and strengthening such plans;
    27    3. upon his or her finding of substantial  noncompliance  by  a  state
    28  agency  with  the requirements of this title, notify such agency of such
    29  finding and propose a remedial plan of action. The state  agency  shall,
    30  within  thirty  days  of receipt of such notification, either accept the
    31  president's remedial plan or submit an alternative remedial plan that is
    32  acceptable to the president. If the state agency fails  to  comply  with
    33  such requirement, the president may assume responsibility for the imple-
    34  mentation of a remedial plan of action until he or she is satisfied that
    35  the state agency will implement such plan;
    36    4.  annually  prepare and submit to the governor and the legislature a
    37  report of the composition of the workforce in  state  service  for  each
    38  state  agency by sex and ethnicity for all job categories, salary grades
    39  and civil service classifications.  The  president  shall  also  conduct
    40  studies  to  identify and resolve problems in eliminating underrepresen-
    41  tation and underutilization of minorities, women, persons with disabili-
    42  ties and veterans, and promulgate, amend and/or  repeal  any  rules  and
    43  regulations necessary to ensure equal employment opportunity for minori-
    44  ties,  women,  persons with disabilities and veterans.  Furthermore, the
    45  president shall make recommendations to the governor and the legislature
    46  relating to the adoption or amendment of laws for the same purpose; and
    47    5. in consultation with the executive committee, review  existing  and
    48  proposed procedures for the abolition of positions and reductions in the
    49  state's  workforce,  and  make  recommendations designed to minimize the
    50  effects of such procedures on women, minorities, persons with  disabili-
    51  ties and veterans.
    52    § 12-c. Executive committee for affirmative action. 1. There is hereby
    53  established  in  the  department  an executive committee for affirmative
    54  action. The executive committee  shall  be  composed  of  the  following
    55  members:
    56    (a) the president, who shall be the chair of the executive committee;

        A. 8037                             3
 
     1    (b)  the  commissioner of human rights, who shall be the vice-chair of
     2  the executive committee;
     3    (c) the secretary to the governor;
     4    (d) the appointments secretary to the governor;
     5    (e) the secretary of state;
     6    (f) the director of the budget;
     7    (g) the commissioner of labor;
     8    (h) the director of employee relations;
     9    (i) the director of the division for women;
    10    (j)  the chair of the state commission on quality of care and advocacy
    11  for persons with disabilities; and
    12    (k) the state director of veterans' affairs.
    13    2. The executive committee shall advise the governor and  legislature,
    14  and  assist  the president in the formulation and coordination of plans,
    15  policies and programs relating to affirmative action in  state  agencies
    16  and  in  ensuring  effective  implementation of such policies, plans and
    17  programs.
    18    3. Upon the written request of the executive committee, the head of  a
    19  state  agency shall appear before such committee and report in person on
    20  his or her agency's affirmative action program.  The executive committee
    21  shall schedule such an appearance by the head of each state agency,  and
    22  each such head shall provide the executive committee with any such data,
    23  information  and  reports  as  such committee shall request prior to the
    24  agency head's appearance.
    25    § 12-d. Development and implementation of affirmative action programs.
    26  1. Each state agency shall develop a written affirmative action program,
    27  which shall include the development of specific goals and timetables for
    28  the prompt achievement of full  and  equal  employment  opportunity  for
    29  minorities, women, persons with disabilities and veterans.  Each program
    30  shall  include an analysis of previous agency action to increase employ-
    31  ment opportunities for the members of such groups.  Every program  shall
    32  be  submitted  to  the  president  on or before June first, two thousand
    33  sixteen and every third year thereafter.  The president shall review and
    34  evaluate each program submitted  and,  where  necessary,  shall  provide
    35  assistance   to  state  agencies  in  improving  and  implementing  such
    36  programs.
    37    2. The head of each state agency shall designate an employee as his or
    38  her agency's full-time affirmative action officer, and shall report  the
    39  name  of such affirmative action officer to the president and the execu-
    40  tive committee. Every affirmative action officer shall  report  directly
    41  to  the  head  of the state agency who appointed him or her and shall be
    42  provided by the state agency with such staff as shall  be  necessary  to
    43  perform  his or her duties. The number and level of staff shall be based
    44  on such factors as agency size, complexity, need for affirmative  action
    45  and monies appropriated therefor.
    46    3.  Annually, on or before March first, each state agency shall submit
    47  a report to the executive committee and  the  president  on  affirmative
    48  action. Every such report shall be in a format established by the presi-
    49  dent  and  include  information  on the agency's employment actions with
    50  respect to minorities, women, persons with  disabilities  and  veterans.
    51  The  report  of  each state agency shall identify that agency's achieve-
    52  ments, deficiencies,  proposed  solutions  to  problems,  the  need  for
    53  external  assistance and such other information as may be appropriate or
    54  requested.

        A. 8037                             4
 
     1    4. Every state agency shall cooperate with the president and the exec-
     2  utive committee to provide any information, data and reports that may be
     3  requested from time to time.
     4    5.  The  division  for  women,  the division of veterans' affairs, the
     5  state commission on quality of care and advocacy for persons with  disa-
     6  bilities  and  any  other  state agency designated by the governor shall
     7  assist the president and the other state agencies  to  comply  with  the
     8  provisions  of  this title, by providing expertise and guidance in their
     9  areas of special sensitivity and concern.
    10    § 12-e. Affirmative action advisory council. 1. There is hereby estab-
    11  lished in the department an affirmative action advisory  council.    The
    12  members  of  the  advisory council shall be the state agency affirmative
    13  action  officers  appointed  pursuant  to  subdivision  two  of  section
    14  twelve-d  of  this  title.  The meetings and proceedings of the advisory
    15  council shall be conducted pursuant to by-laws adopted by  its  members,
    16  subject to the approval of the president.
    17    2. The advisory council shall advise the president on all existing and
    18  proposed  policies,  procedures,  practices  and programs relating to or
    19  affecting affirmative action.
    20    3. The advisory council shall submit a quarterly report on its  activ-
    21  ities to the president.
    22    § 2. This act shall take effect immediately.
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