NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A938
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the civil service law, in relation to authorizing munic-
ipal and/or authority owned or operated airports to hire and promote
employees on a permanent basis
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes airports owned by a municipality or a New York Public Author-
ity to permanently hire for critical aviation positions without the need
to hire provisionally.
SUMMARY OF PROVISIONS:
Section 1: Amends § 65 of the Civil Service Law by adding a new subdivi-
sion 5. The new section authorizes an airport owned by a municipality or
a New York Public Authority to hire permanently for critical aviation
positions without the need to hire provisionally. The following posi-
tions eligible include but are not limited to director and assistant
director; manager or assistant manager; aircraft rescue and firefighting
chief; aviation finance director; commercial development officer;
aviation security, operations responsible for FAR Part 139 compliance;
and chief operating officer.
Section 2: Establishes the effective date.
JUSTIFICATION:
Hiring in the field of aviation is a very competitive and specialized.
There is a finite pool of qualified candidates nationwide to fill these
highly technical positions. In recent years, the New York State Civil
Service system has made it very difficult for New York airports to hire
aviation professionals. Current Civil Service rules only allow a person
to be hired "provisionally" for a position until they take and pass the
appropriate civil service exam. However, exams for a given position may
take years before being offered. Even then, if a person takes the test
and does not score in the "top-3" they will be out of a job despite
having years of good performance.
This system makes it extremely difficult for New York airports to
recruit and retain talent. Potential candidates are often moving from
different parts of the country and will not uproot their families and
careers for a "provisional" position. The net effect is that critical
positions are going unfilled, negatively impacting airport operations.
This legislation seeks to remedy this issue by exempting specialized
aviation positions from the competitive civil service and provisional
employment systems. This will put New York airports on an even compet-
itive field with other airports in the United States and allow them to
attract top talent to the State.
LEGISLATIVE HISTORY:
2023-2024: A.6736-A
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
90 days after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
938
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. MAGNARELLI, LUPARDO, STIRPE, BURDICK, SEAWRIGHT
-- read once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to authorizing munic-
ipal and/or authority owned or operated airports to hire and promote
employees on a permanent basis
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 65 of the civil service law is amended by adding a
2 new subdivision 5 to read as follows:
3 5. Municipal owned and/or operated airports. Notwithstanding any law,
4 rule or regulation to the contrary, municipally owned and/or operated
5 airports including those airports owned and/or operated by a New York
6 public authority may: (a) appoint or promote to a permanent position in
7 the exempt class for titles that are critical airport management and
8 supervisory positions that include but are not limited to airport or
9 authority: director and assistant director; manager or assistant manag-
10 er; aircraft rescue and firefighting chief; aviation finance director;
11 commercial development officer; aviation security, operations responsi-
12 ble for FAR Part 139 compliance; and chief operating officer; whenever
13 there is no appropriate eligible list available for filling a vacancy in
14 the selective exempt class; (b) if such appointee shall be determined by
15 such airport or authority as qualified; and (c) no person shall be
16 appointed, promoted or employed under any title not appropriate to the
17 duties to be performed and, except upon assignment by proper authority
18 during the continuance of a temporary emergency situation, no person
19 shall be assigned to perform the duties of any position unless such
20 person has been duly appointed, promoted, transferred or reinstated to
21 such position in accordance with the provisions of this subdivision and
22 the rules prescribed thereunder.
23 § 2. This act shall take effect on the ninetieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01294-01-5
