A08112 Summary:

BILL NOA08112
 
SAME ASNo same as
 
SPONSORAbbate
 
COSPNSR
 
MLTSPNSR
 
Amd SS80-a & 75, Civ Serv L
 
Grants employees in labor class positions rights with regards to the suspension or demotion upon abolition or reduction of certain positions.
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A08112 Actions:

BILL NOA08112
 
06/02/2011referred to governmental employees
06/15/2011reported referred to codes
01/04/2012referred to governmental employees
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A08112 Floor Votes:

There are no votes for this bill in this legislative session.
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A08112 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8112
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2011
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT to amend the civil service law, in relation to layoff and recall
          rights and disciplinary hearings for certain employees in the non-com-
          petitive and labor class
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 80-a of the civil service law, as added by chapter
     2  283 of the laws of 1972, subdivision 2 as amended by chapter 376 of  the
     3  laws  of  1977,  and  subdivision 3 as added and subdivisions 4 and 5 as
     4  renumbered by chapter 360 of the laws of 1985, is  amended  to  read  as
     5  follows:
     6    § 80-a. Suspension  or  demotion  upon  the  abolition or reduction of
     7  non-competitive class positions [in the state service] and  labor  class
     8  positions.  1.    Suspension  or  demotion.  Where,  because of economy,
     9  consolidation or abolition of functions, curtailment  of  activities  or
    10  otherwise, positions in the non-competitive class [of the state service]

    11  or labor class are abolished or reduced in rank or salary grade, suspen-
    12  sion  or  demotion,  as  the case may be, among incumbents having tenure
    13  protection pursuant to [paragraph] paragraphs (c) and (f) of subdivision
    14  one of section seventy-five of this [chapter] article  and  holding  the
    15  same or similar positions shall be made in the inverse order of original
    16  appointment on a permanent basis in the classified service [of the state
    17  service],  subject  to  the  provisions  of subdivision seven of section
    18  eighty-five of  this  chapter;  provided,  however,  that  the  date  of
    19  original  appointment  of  any such incumbent who was transferred to the
    20  state service from another governmental jurisdiction upon  the  transfer

    21  of  functions  shall  be the date of original appointment on a permanent
    22  basis in the classified service  in  the  service  of  the  governmental
    23  jurisdiction  from  which  such transfer was made.   Notwithstanding the
    24  provisions of this subdivision, however, upon the abolition or reduction
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05695-01-1

        A. 8112                             2
 
     1  of positions in the non-competitive class  or  labor  class,  incumbents
     2  holding  the  same  or  similar  positions  who have not completed their
     3  probationary service shall be suspended or demoted, as the case may  be,

     4  before  any  permanent incumbents, and among such probationary employees
     5  the order or suspension or demotion  shall  be  determined  as  if  such
     6  employees were permanent incumbents.
     7    2.  Continuous  service.  Except as otherwise provided herein, for the
     8  purposes of this section, [in the state service] the  original  appoint-
     9  ment  of  an incumbent shall mean the date of his first appointment on a
    10  permanent basis in the classified service followed by continuous service
    11  in the classified service on a permanent basis up to  the  time  of  the
    12  abolition  or  reduction of the non-competitive class positions or labor
    13  class positions.  An employee who has resigned and who  has  been  rein-
    14  stated  or  reappointed in the service within one year thereafter shall,
    15  for the purposes of this section, be deemed to have continuous  service.

    16  An  employee  who  has been terminated because of a disability resulting
    17  from occupational injury or disease as defined in the [workmen's]  work-
    18  ers'  compensation law and who has been reinstated or reappointed in the
    19  service thereafter shall be deemed to have continuous service. A  period
    20  of  employment  on a temporary or provisional basis, or in the unclassi-
    21  fied service, immediately preceded and followed by permanent service  in
    22  the  classified service, shall not constitute an interruption of contin-
    23  uous service for the purposes of this section; nor  shall  a  period  of
    24  leave  of  absence without pay pursuant to law or the rules of the civil
    25  service commission having jurisdiction, or any period  during  which  an
    26  employee  is  suspended  from  his  position  pursuant  to this section,

    27  constitute an interruption of continuous service  for  the  purposes  of
    28  this section.
    29    3. Interrupted service. [A state] An employee who has resigned and who
    30  has  been  reinstated  or  reappointed in the service more than one year
    31  thereafter shall be credited with any previous [state] service  rendered
    32  prior to his or her resignation to which he or she would have been enti-
    33  tled  for  the  purposes  of  this  section  but  for  such resignation;
    34  provided, however, that any time out  of  the  service  exceeding  three
    35  years  shall be subtracted from the employee's previous [state] service.
    36  In such instances, continuous service shall be deemed to have  begun  on
    37  the  date which precedes the otherwise applicable date for the commence-
    38  ment of continuous service by the period of  actual  creditable  service

    39  provided by this subdivision.
    40    4. Units for suspension or demotion. The president may, by regulation,
    41  designate  as  separate  units  for  suspension  or  demotion  under the
    42  provisions of this section any state hospital, institution  or  facility
    43  or  any  division  of any state department or agency or specified hospi-
    44  tals, institutions and facilities of a single state department or agency
    45  within a particular geographic area as determined by the president. Upon
    46  the abolition or reduction of positions in the [state] service,  suspen-
    47  sion or demotion, as the case may be, shall be made from among employees
    48  holding  the  same  or  similar positions in the department wherein such
    49  abolition or reduction occurs,  except  that  where  such  abolition  or
    50  reduction  occurs  in  a separate unit for suspension or demotion desig-

    51  nated by regulation of the president, suspension or  demotion  shall  be
    52  made from among incumbents holding the same or similar positions in such
    53  separate unit.
    54    5. Displacement. A permanent incumbent having tenure protection pursu-
    55  ant  to  [paragraph] paragraphs (c) or (f) of subdivision one of section
    56  seventy-five of this [chapter] article  who  served  in  a  position  in

        A. 8112                             3
 
     1  [state]  service  and  who was suspended or displaced from such position
     2  pursuant to this section shall displace the  incumbent  with  the  least
     3  retention right pursuant to subdivisions one and two of this section who
     4  is  serving in a position in the title in which the displacing incumbent

     5  last served on a permanent basis prior to service in one or  more  posi-
     6  tions  in the title from which he is suspended or displaced, if: (1) the
     7  service of the displacing incumbent  while  in  such  former  title  was
     8  satisfactory  and (2) the position of the junior incumbent is in (a) the
     9  non-competitive class or labor class, (b) the layoff unit from which the
    10  displacing incumbent was suspended or displaced, and (c) a lower  salary
    11  grade than the position from which the displacing incumbent is suspended
    12  or  displaced;  provided,  however, that no incumbent shall displace any
    13  other incumbent having greater retention standing. Refusal  of  appoint-
    14  ment  to  a  position afforded by this subdivision constitutes waiver of
    15  rights  under  this  subdivision  with  respect  to  the  suspension  or
    16  displacement  on  account of which the refused appointment was afforded.

    17  The [state civil service] commission shall promulgate rules to implement
    18  this subdivision including rules which may provide  adjunctive  opportu-
    19  nities  for  displacement to formerly held positions; provided, however,
    20  that no such rule shall permit an incumbent to displace any other incum-
    21  bent having greater retention standing.   For the purpose  of  acquiring
    22  preferred  list rights, displacement pursuant to this subdivision is the
    23  equivalent of suspension or demotion pursuant to subdivision one of this
    24  section.
    25    § 2. Subdivision 1 of section 75 of the civil service law, as  amended
    26  by  chapter 942 of the laws of 1970, the opening paragraph and paragraph
    27  (d) as amended and paragraph (e) as added by chapter 842 of the laws  of
    28  1985,  paragraph  (b)  as amended by chapter 350 of the laws of 1989 and

    29  paragraph (c) as amended by chapter 439 of the laws of 1986, is  amended
    30  to read as follows:
    31    1.  Removal and other disciplinary action. A person described in para-
    32  graph (a) [or], paragraph (b), [or] paragraph (c), [or]  paragraph  (d),
    33  [or]  paragraph  (e),  or paragraph (f) of this subdivision shall not be
    34  removed or otherwise subjected to any disciplinary penalty  provided  in
    35  this section except for incompetency or misconduct shown after a hearing
    36  upon stated charges pursuant to this section.
    37    (a)  A  person  holding  a  position  by  permanent appointment in the
    38  competitive class of the classified civil service, or
    39    (b) a person holding a position by permanent appointment or employment
    40  in the classified service of the state or in the several  cities,  coun-

    41  ties,  towns,  or  villages  thereof, or in any other political or civil
    42  division of the state or of a municipality,  or  in  the  public  school
    43  service,  or in any public or special district, or in the service of any
    44  authority, commission or  board,  or  in  any  other  branch  of  public
    45  service,  who  was  honorably  discharged  or  released  under honorable
    46  circumstances from the armed forces of the United States  having  served
    47  therein  as such member in time of war as defined in section eighty-five
    48  of this chapter, or who is an exempt volunteer firefighter as defined in
    49  the general municipal law, except when a person described in this  para-
    50  graph  holds the position of private secretary, cashier or deputy of any
    51  official or department, or
    52    (c) an employee holding a position in the non-competitive class  other

    53  than  a position designated in the rules of the state or municipal civil
    54  service commission as confidential or requiring the performance of func-
    55  tions influencing policy, who since his  last  entry  into  service  has
    56  completed  at  least  [five years] one year of continuous service in the

        A. 8112                             4
 
     1  non-competitive class in a position or positions not  so  designated  in
     2  the  rules  as  confidential  or  requiring the performance of functions
     3  influencing policy, or
     4    (d) an employee in the service of the City of New York holding a posi-
     5  tion  as  Homemaker or Home Aide in the non-competitive class, who since
     6  his last entry into city service has completed at least three  years  of
     7  continuous service in such position in the non-competitive class, or

     8    (e) an employee in the service of a police department within the state
     9  of  New  York  holding  the  position of detective for a period of three
    10  continuous years or more; provided, however, that a hearing shall not be
    11  required when reduction in rank from said position is  based  solely  on
    12  reasons  of  the  economy,  consolidation  or  abolition  of  functions,
    13  curtailment of activities or otherwise, or
    14    (f) an employee  holding  a  position  in  the  labor  class  who  has
    15  completed one year of service in a labor class position.
    16    § 3. This act shall take effect immediately.
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