NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6574
SPONSOR: Abbate TITLE OF BILL: An act to amend the civil service law and the public
authorities law, in relation to suspension or demotion upon the aboli-
tion or reduction of positions for labor class and noncompetitive
titles; and to repeal section 80-a of the civil service law relating
thereto
PURPOSE: This bill intends to provide equal reduction in force and
recall provisions to permanently appointed employees appointed to
Competitive, Non-Competitive, and Labor Jurisdictional Classification at
all levels of State and local government
SUMMARY OF PROVISIONS: This bill amends subdivision 1, 1-a, 1-b, 1-c,
2, 6, 7, and 9 of Section 80; repeals Section 80-a; amends Subdivision 1
of Section 81; amends Subdivision 1, and 5 of Section 81-a; amends
Subdivision 1 of Section 81-b and amends subdivision 7 of Section 85 of
the Civil Service Law.
EXISTING LAW: Section 80 currently provides reduction in force
provisions for permanent employees occupying competitive jurisdictional
class positions
Section 80-a provides reduction in force protection for State Executive
Branch employees who are appointed permanently in positions designated
in the Non-Competitive Jurisdictional Classification. These provisions
do not currently apply to local government employees.
Currently there is no provision in the New York State Civil Service Law
that covers employees who are permanently appointed to positions desig-
nated by the Local Government Classified Civil Service Rules as in the
Labor Jurisdictional Classification.
Sections 81, 81-a, and 81-b currently provide preferred list, certif-
ication and reinstatement provisions for employees who were displaced
from State or local government competitive class positions and State
executive branch employees who were displaced from Non-Competitive Class
positions.
Section 85 currently provides preference in retention during State and
local government reductions in force. This section also provides prefer-
ence in retention for certain employees who are permanently appointed to
noncompetitive class positions in the State's Executive:Branch only.
Impact on State and Local Government Civil Service Rules and Regu-
lations:
This bill will require the State and Local Civil Service administrations
to adopt new or revise current provisions of their Rules for the Classi-
fied Service regarding reduction in force procedures.
The State Executive Branch and many but not all local government employ-
ers already provide at least some reduction in force and or recall
procedures and protections to employees in the Non-Competitive and Labor
Jurisdictional Classification. This protection is typically provided via
collective bargaining agreements, which currently exist between certain
local government employers and employees represented by labor unions.
JUSTIFICATION: The New York State Constitution (Article V Section 6)
provides for the filling of State and Local Government positions via
merit and fitness to be ascertained as far as practicable by competitive
examination. Positions included in this group are classified in the
Competitive Jurisdictional Classification, (Section 44 NYS Civil Service
Law)
State and Local government Civil Service Administrations are also
permitted to designate certain positions in the Non-Competitive (Section
42) and Labor (Section 43) jurisdictional classifications if the posi-
tions meet certain classification qualifications.
In the event of the need to reduce positions in the State Executive
Branch or Local Governments the Section 80 of the New York State Civil
Service Law provides a system of reduction in force that affects perma-
nently appointed employees occupying positions in the competitive class.
Also Section 80-a of the Civil Service Law provides reduction in force
provisions for permanently appointed employees occupying Non-Competitive
Class positions in the State Executive Branch only,
There is no statutory provision that provides this protection to employ-
ees in the Labor Class.
Sections 81, 81-a, and 81-b of the Civil Service Law provides a method
of recall via various preferred hiring lists containing the names of
those employees who have been displaced from their permanent positions.
These recall lists also apply to non-competitive class employees
displaced from State Executive Branch positions only.
Section 85 provides permanently appointed in the competitive class and
certain non-competitive class positions in the State Executive Branch
only.
Employees who are appointed permanently to public sector positions dedi-
cate themselves to public service and as such deserve to be treated with
dignity and respect in the unfortunate event of a reduction in force.
Reduction in Force provisions that cover public sector positions should
not be restricted to the Competitive Class or the Non-Competitive class
in only the State's Executive Branch. These protections should be
extended to cover all employees who are appointed permanently to a posi-
tion in the Competitive, Non-Competitive or Labor Jurisdictional Classi-
fications.
When the State and or Local Governments decide to fill vacancies after a
reduction in force has occurred, permanent employees who were displaced
via the reduction in force should be given preference in filling these
vacancies before any other eligible list (in the case of the Competitive
Class) eligible or other non-competitive class candidates are appointed.
This bill sets up the current reduction in force and recall procedure
for non-competitive and labor class employees who work for the State
Executive Branch or a local government employer.
The application of these protections to Non-Competitive and Labor class
employees in State and Local governments are long overdue,
There are no logical reasons to continue this inequity. The passage and
implementation of this bill will provide New York State and Local
Governments with a uniform and orderly approach to reducing the work-
force and in the rehiring methods used by using length of service as a
determining factor.
Employees who have longer permanent service with their employer should
have greater retention rights than those employees who are subsequently
hired to positions in the same title. Length of permanent service should
be recognized in rimes of reductions in force and the rehiring.
LEGISLATIVE HISTORY: 06/10/11 referred to governmental employees
06/15/11 reported referred to rules 06/20/11 reported 06/20/11 rules
report cal.503 06/20/11 ordered to third reading rules cal. 503 06/21/11
passed assembly 06/21/11 delivered to senate 06/21/11 REFERRED TO RULES
01/04/12 DIED IN SENATE 01/04/12 RETURNED TO ASSEMBLY 01/04/12 ordered
to third reading cal.288 01/18/12 committed to governmental employees
06/11/12 amend and recommit to governmental employees 06/11/12 print
number 8291a 06/18/12 reported referred to rules 06/19/12 reported
06/19/12 rules report cal.383 06/19/12 ordered to third reading rules
cal.383 06/20/12 passed assembly 06/20/12 delivered to senate 06/20/12
REFERRED TO RULES 06/21/12 SUBSTITUTED FOR S5771A 06/21/12 3RD READING
CAL.1004 06/21/12 PASSED SENATE 06/21/12 RETURNED TO ASSEMBLY 08/06/12
delivered to governor 08/17/12 vetoed memo.145 08/17/12 tabled
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
