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A05333 Summary:

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A05333 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5333
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 18, 2015
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to amend the civil service law, in relation to the calculation of
          seniority for purposes of layoffs or demotions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 80 of the civil service law is amended by adding  a
     2  new subdivision 1-f to read as follows:
     3    1-f.  Notwithstanding  the  provisions  of  subdivision  one  of  this
     4  section, the sworn members of any police agency as  defined  in  section
     5  eight  hundred thirty-five of the executive law, other than police agen-
     6  cies referred to in subdivisions one-a through  one-e  of  this  section
     7  shall  be subject to the following procedure. Where, because of economy,
     8  consolidation or abolition of functions, curtailment  of  activities  or
     9  otherwise,  positions  in the competitive class are abolished or reduced
    10  in rank or salary grade, suspension or demotion, as  the  case  may  be,
    11  among  incumbents holding the same or similar positions shall be made in
    12  the inverse order of original appointment on a permanent  basis  in  the
    13  grade  or title in the service of the governmental jurisdiction in which
    14  such  abolition  or  reduction  of  positions  occurs,  subject  to  the
    15  provisions  of subdivision seven of section eighty-five of this chapter;
    16  provided, however, that the date of original  appointment  of  any  such
    17  incumbent  who  was  transferred  to such governmental jurisdiction from
    18  another governmental jurisdiction upon the transfer of  functions  shall
    19  be  the date of original appointment on a permanent basis in the classi-
    20  fied service in the service of the governmental jurisdiction from  which
    21  such transfer was made.
    22    Notwithstanding  the provisions of this subdivision, however, upon the
    23  abolition or reduction of positions in the competitive class, incumbents
    24  holding the same or similar  positions  who  have  not  completed  their
    25  probationary services shall be suspended or demoted, as the case may be,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00933-01-5
        A. 5333                             2
 
     1  before  any  permanent incumbents, and among such probationary employees
     2  the order of suspension or demotion  shall  be  determined  as  if  such
     3  employees were permanent incumbents.
     4    § 2. This act shall take effect immediately.