New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A01428 Summary:

A01428 Actions:

A01428 Floor Votes:

A01428 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1428--B
                                                                Cal. No. 177
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2011
                                       ___________
 
        Introduced  by  M.  of A. CASTELLI, BURLING, N. RIVERA, STEVENSON, KATZ,
          McDONOUGH, McLAUGHLIN, WEPRIN, ABBATE, RAMOS, MALLIOTAKIS,  DenDEKKER,
          ORTIZ,  SCHIMEL, M. MILLER, RUSSELL, NOLAN -- Multi-Sponsored by -- M.
          of A.  CALHOUN, CROUCH, GIGLIO, HAWLEY, McKEVITT,  J. MILLER,  MURRAY,

          REILICH  --  read  once  and referred to the Committee on Governmental
          Employees -- committee discharged, bill amended, ordered reprinted  as
          amended  and recommitted to said committee -- reported from committee,
          advanced to a third reading, amended and ordered reprinted,  retaining
          its place on the order of third reading
 
        AN  ACT to amend the military law and the civil service law, in relation
          to abolition of positions occupied by public employees absent on mili-
          tary duty
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 11 of section 243 of the military law, as added
     2  by  chapter  420  of  the laws of 1953, is amended and a new subdivision
     3  10-b is added to read as follows:

     4    10-b. If a public  employer  consolidates,  abolishes,  displaces,  or
     5  demotes  a  position,  in  accordance  with  section eighty, eighty-a or
     6  eighty-five of the civil service law, which  is  occupied  by  a  public
     7  employee  currently  on  active duty with the armed forces of the United
     8  States, as pursuant to title ten, fourteen or thirty-two of  the  United
     9  States  code,  such  employer  shall comply with subdivisions eleven and
    10  twelve of this section and, upon the termination of the  public  employ-
    11  ee's active duty, as defined in title ten, fourteen or thirty-two of the
    12  United  States  code, such public employer shall provide full re-employ-
    13  ment rights warranted to  such  employee  under  the  Federal  Uniformed

    14  Services  Employment  and  Reemployment  Rights  Act  of 1994, provided,
    15  however, the right of re-employment  under  this  subdivision  does  not
    16  entitle such employee to displacement rights over any person with great-
    17  er  seniority.  Such  public  employer shall not abolish any position or
    18  positions solely based upon the fact that the position or positions  are
    19  currently  filled  by  an  individual or individuals engaged in military
    20  duty.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05550-07-1
        A. 1428--B                          2
 

     1    11. Preferred lists. If the position occupied by a public employee  is
     2  abolished  prior  to the termination of his military duty his name shall
     3  be placed forthwith upon a preferred list, as  herein  provided.  Public
     4  employees in the competitive class of the civil service shall have their
     5  names  placed upon a preferred eligible list, pursuant to the provisions
     6  of section [thirty-one] eighty-one of the civil service law  and  public
     7  employees  subject to [section twenty-five hundred thirty-five] sections
     8  twenty-five hundred ten, twenty-five hundred eighty-five and twenty-five
     9  hundred eighty-eight of the education law shall have their names  placed
    10  upon a preferred list as provided in such section.
    11    §  2. Subdivision 1 of section 81 of the civil service law, as amended

    12  by chapter 283 of the laws of 1972, is amended to read as follows:
    13    1.  Establishment of preferred lists; general provisions. The head  of
    14  any  department, office or institution in which an employee is suspended
    15  or demoted in accordance with the  provisions  of  sections  eighty  and
    16  eighty-a  of  this  [chapter]  title  shall,  upon  such  suspension  or
    17  demotion, furnish the state  civil  service  department  or  appropriate
    18  municipal  commission, as the case may be, a statement showing his name,
    19  title or position, date of appointment, and the date of and  reason  for
    20  suspension  or  demotion.  It  shall  be  the duty of such civil service
    21  department or commission, as the case may be,  forthwith  to  place  the
    22  name  of  such  employee upon a preferred list, together with others who
    23  may have been suspended or demoted from the same or similar positions in

    24  the same jurisdictional class, and to certify such list, as  hereinafter
    25  provided, for filling vacancies in the same jurisdictional class; first,
    26  in  the  same  or  similar  position; second, in any position in a lower
    27  grade in line of promotion; and third, in any comparable position.  Such
    28  preferred  list  shall  be  certified  for filling a vacancy in any such
    29  position before certification is made from any other list,  including  a
    30  promotion  eligible  list,  notwithstanding  the  fact  that none of the
    31  persons on such preferred list was suspended  from  or  demoted  in  the
    32  department or suspension and demotion unit in which such vacancy exists.
    33  No  other name shall be certified from any other list for any such posi-
    34  tion until such preferred list is exhausted. The eligibility  for  rein-
    35  statement  of  a  person  whose  name appears on any such preferred list

    36  shall not continue for a period longer than four years from the date  of
    37  separation  or  demotion.    An  employee  whose  name was placed on the
    38  preferred list and at the time of such placement was on active duty with
    39  the armed forces of the United States, as pursuant to title  ten,  four-
    40  teen  or thirty-two of the United States code, shall not be eligible for
    41  employment reinstatement for a period longer than four years  after  the
    42  date of termination of military duty.
    43    §  3.  The  civil service law is amended by adding a new section 88 to
    44  read as follows:
    45    § 88. Prohibition  against  discrimination  against  public  employees
    46  serving  in the armed forces. No public employer, as defined in subdivi-

    47  sion six of section two hundred one of this chapter, shall deny  employ-
    48  ment,  re-employment  or  any  benefit  of  employment  to any person or
    49  employee based on prospective, current or past  enlistment,  appointment
    50  or commission with the armed forces of the United States. Such person or
    51  employee  shall  be  afforded  full enforcement rights under the laws of
    52  this state and of the United States,  including  the  Federal  Uniformed
    53  Services Employment and Reemployment Rights Act of 1994.
    54    § 4. This act shall take effect immediately.