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S05760 Summary:

BILL NOS05760
 
SAME ASSAME AS A06624
 
SPONSORJACKSON
 
COSPNSRCOMRIE, SCARCELLA-SPANTON
 
MLTSPNSR
 
Amd §61, Civ Serv L
 
Requires appointing authorities to provide appointment and promotion letters when extending an offer of appointment or promotion to a position in the classified service.
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S05760 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5760
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 28, 2025
                                       ___________
 
        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
 
        AN ACT to amend the civil service law, in relation to requiring appoint-
          ing authorities to provide appointment and promotion letters

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 61 of the civil service law is amended by adding a
     2  new subdivision 4 to read as follows:
     3    4. Appointment and promotion letter. (a) An appointing  authority  who
     4  extends  an offer of appointment or promotion to a position in the clas-
     5  sified service to any person shall provide such person with an  appoint-
     6  ment  letter within fourteen days of the effective date of such appoint-
     7  ment. Such appointment letter shall include:
     8    (i) the appointment type  being  offered,  whether  permanent,  provi-
     9  sional,  temporary,  temporary pending commission approval, or any other
    10  appointment type authorized by law, rule, or regulation;
    11    (ii) the position type and, if the position is not a  permanent  posi-
    12  tion,  the expected duration of the appointment, and, if the position is
    13  not a full-time position, the expected percentage of time  at  work  per
    14  week;
    15    (iii) the jurisdictional class of the position;
    16    (iv)  if a probationary period is required upon appointment, the mini-
    17  mum and maximum duration of such period  and  information  regarding  an
    18  appointee's  tenure  rights, if any, upon completion of the probationary
    19  period;
    20    (v) the starting salary or wages  that  the  person  would  earn  upon
    21  appointment, provided that such salary or wages shall be specific to the
    22  individual  being  offered appointment, and the full salary range of the
    23  title;
    24    (vi) if the individual to whom appointment is offered has prior graded
    25  service at a higher salary grade than the position to which an offer  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10330-01-5

        S. 5760                             2
 
     1  appointment has been made, an explanation of how such individual's sala-
     2  ry shall be reduced upon appointment, if any;
     3    (vii)  the bargaining unit representing the title to which such person
     4  is being appointed  and,  if  applicable,  the  contact  information  or
     5  website of the employee organization that represents the bargaining unit
     6  of such position pursuant to article fourteen of this chapter;
     7    (viii) if the offer of appointment is to a trainee title:
     8    (1) the length of the traineeship;
     9    (2)  the title and salary grade of the performance level to which such
    10  traineeship advances;
    11    (3) all requirements that a trainee must meet to be advanced;
    12    (4) the schedule of performance reviews for such traineeship; and
    13    (5) information regarding performance advances  during  such  trainee-
    14  ship;
    15    (ix)  if  the  person  offered  appointment  would have a hold item on
    16  another position from which they were placed on leave  at  the  time  of
    17  appointment,  information  regarding  the  date at which such hold would
    18  expire and circumstances under which the appointee would be eligible  to
    19  return to the hold; and
    20    (x)  information  regarding  employee benefits and links to applicable
    21  websites, including, but not limited to:
    22    (1)  health  insurance,  dental  and  other  health  related  benefits
    23  provided by the employer;
    24    (2) retirement system membership and benefits;
    25    (3) the New York state deferred compensation plan; and
    26    (4)  any  other  information required by law, rule, or regulation, and
    27  any information  that  the  appointing  authority  deems  reasonable  to
    28  include.
    29    (b)  If  an  appointee who receives an appointment or promotion letter
    30  believes any of the information contained therein to be incorrect,  such
    31  appointee  shall be permitted to notify the appointing authority of such
    32  error and, upon notification, the appointing authority shall review  the
    33  concern  to determine if any information contained therein is incorrect.
    34  If any information contained therein is deemed by the appointing author-
    35  ity to be incorrect, the appointing authority shall reissue the appoint-
    36  ment or promotion letter to the  appointee  containing  any  corrections
    37  necessary  to  ensure  that all information contained therein is correct
    38  within sixty days of notification by the appointee.  If  the  appointing
    39  authority  finds  no  errors in the appointment or promotion letter, the
    40  appointing authority shall inform the appointee that the information  is
    41  correct.
    42    §  2.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law.
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