Assembly Resolution No. 241
BY: M. of A. Gray
CONCURRENT RESOLUTION OF THE SENATE AND THE ASSEMBLY
terminating the provisions of Executive Order number
47.3 issued by the Governor pursuant to section 29-a
of the Executive Law
WHEREAS, the Governor was given the authority pursuant to Executive
Law section 29-a by Executive Order to temporarily suspend or modify any
statute, local law, ordinance, order, rule, or regulation, or parts
thereof, of any agency during a state disaster emergency if compliance
with such statute, local law, ordinance, order, rule, or regulation
would prevent, hinder, or delay action necessary to cope with the
disaster emergency or if necessary to assist or aid in coping with such
disaster, and to issue any directive during a disaster emergency
necessary to cope with the disaster; and
WHEREAS, Executive Order number 47.3 of 2025 temporarily suspended
or modified, and directed:
- The Department of Corrections and Community Supervision shall,
upon the separation of any employee: (i) immediately investigate
such employee's involvement in the illegal and unlawful strike;
(ii) pursuant to paragraph b of subdivision 2 of section 845 of the
Executive Law and 9 NYCRR 6056, promptly report to the New York
State Central Registry of Police and Peace Officers maintained by
the Division of Criminal Justice Services the separation from
service of any individual employed by the Department of Corrections
and Community Supervision as a peace officer who is found to have
participated in the illegal and unlawful strike as a removal for
cause; and (iii) report any employee who is found to have
participated in the illegal and unlawful strike to the Office of
Employee Relations;
- All New York State agencies shall, as a part of their process to
determine if an applicant is eligible to be hired, determine
whether an applicant was previously employed by the Department of
Corrections and Community Supervision and thereafter separated from
such employment in connection with such applicant's participation
in the illegal and unlawful strike;
- All New York State agencies shall, as part of any background
investigation, determine whether the individual being investigated
was previously employed by the Department of Corrections and
Community Supervision and thereafter separated from such employment
in connection with such individual's participation in the illegal
and unlawful strike;
- No New York State agency shall hire or appoint any individual who
was previously employed by the Department of Corrections and
Community Supervision and thereafter separated from such employment
in connection with such individual's participation in the illegal
and unlawful strike. This prohibition applies to all appointments
in the classified service of the State, as well as any hires in the
unclassified service where Civil Service Law provisions apply; and
- Within three days of this directive, where applicable, the Office
of Employee Relations, in consultation with the Department of Civil
Service, shall issue guidance to all New York State agencies on how
to integrate the above requirements into their hiring practices;
and
FURTHER, by virtue of the authority vested in me by section 29-a of
the Executive Law, I hereby extend and continue the suspensions and
modifications contained in Executive Orders 47 through 47.2 and hereby
temporarily suspend or modify the following laws, for the period from
the date of this Executive Order through April 9, 2025:
- Subdivisions 1 and 4 of section 70 of the Civil Service Law are
suspended and modified to the extent necessary to prohibit the
transfer and change of title of any permanent employee who was
previously employed by the Department of Corrections and Community
Supervision and thereafter separated from such employment in
connection with such individual's participation in the illegal and
unlawful strike;
- Articles 5, 17, and section 450 of the County Law, and any
ordinances, local laws, resolutions, rules and regulations adopted
to implement such statutes are suspended and modified to the extent
necessary to prohibit the appointment, transfer, and promotion of
any individual who was previously employed by the Department of
Corrections and Community Supervision and thereafter separated from
such employment in connection with such individual's participation
in the illegal and unlawful strike;
- Articles 2, 3, and 4 of the Municipal Home Rule Law, and any
local laws, resolutions, rules and regulations adopted to implement
such statutes, are suspended and modified to the extent necessary
to prohibit the appointment, transfer, and promotion of any
individual who was previously employed by the Department of
Corrections and Community Supervision and thereafter separated from
such employment in connection with such individual's participation
in the illegal and unlawful strike;
- Articles 6 and 20 of the Correction Law, and any ordinances,
local laws, resolutions, rules and regulations adopted to implement
such statutes are suspended and modified to the extent necessary to
prohibit the appointment, transfer, and promotion of any individual
who was previously employed by the Department of Corrections and
Community Supervision and thereafter separated from such employment
in connection with such individual's participation in the illegal
and unlawful strike; and
- Subdivision 6 of section 2.30 of the Criminal Procedure Law is
suspended and modified to the extent necessary to prohibit a
certificate attesting to satisfactory completion of training
requirements to continue to remain valid after the interruption of
service of an individual who was previously employed by the
Department of Corrections and Community Supervision and thereafter
separated from such employment in connection with such individual's
participation in the illegal and unlawful strike.
WHEREAS, the State Legislature has the authority to terminate by
concurrent resolution Executive Orders issued under section 29-a of the
Executive Law; now, therefore, be it
RESOLVED, (if the concur), that Executive Order number 47.3
of 2025 making such temporary suspensions and modifications and issuing
such directives are hereby terminated.
