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A06574 Summary:

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A06574 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6574
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 10, 2013
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to amend the civil service law and the public authorities law, in
          relation  to suspension or demotion upon the abolition or reduction of
          positions for labor class and noncompetitive  titles;  and  to  repeal

          section 80-a of the civil service law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1, 1-a, 1-b, 1-c, 2, 6, 7 and 9 of section  80
     2  of  the  civil  service law, subdivision 1 as amended and subdivisions 6
     3  and 7 as added by chapter 283 of the laws of 1972,  subdivision  1-a  as
     4  added  by  chapter  312 of the laws of 1976, subdivision 1-b as added by
     5  chapter 653 of the laws of 1978, subdivision 1-c as added by chapter 334
     6  of the laws of 1994, subdivision 2 as amended by chapter 376 of the laws
     7  of 1977, subdivisions 6 and 7 as renumbered by chapter 360 of  the  laws
     8  of  1985, and subdivision 9 as added by chapter 470 of the laws of 1988,
     9  are amended to read as follows:
    10    1. Suspension or demotion. Where, because of economy, consolidation or

    11  abolition of functions, curtailment of activities  or  otherwise,  posi-
    12  tions  in  the competitive, noncompetitive, or labor class are abolished
    13  or reduced in rank or salary grade, suspension or demotion, as the  case
    14  may  be, among incumbents holding the same or similar positions shall be
    15  made in the inverse order of original appointment on a  permanent  basis
    16  in  the  classified service in the service of the governmental jurisdic-
    17  tion in which such abolition or reduction of positions  occurs,  subject
    18  to  the  provisions  of subdivision seven of section eighty-five of this
    19  chapter; provided, however, that the date of original appointment of any
    20  such incumbent who was transferred  to  such  governmental  jurisdiction
    21  from  another  governmental  jurisdiction upon the transfer of functions
    22  shall be the date of original appointment on a permanent  basis  in  the

    23  classified  service in the service of the governmental jurisdiction from
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08044-01-3
        A. 6574                             2
 
     1  which such transfer was made. Notwithstanding  the  provisions  of  this
     2  subdivision,  however,  upon  the abolition or reduction of positions in
     3  the competitive, noncompetitive or labor class, incumbents  holding  the
     4  same  or  similar  positions  who  have not completed their probationary
     5  service shall be suspended or demoted, as the case may  be,  before  any
     6  permanent incumbents, and among such probationary employees the order of

     7  suspension  or  demotion  shall  be determined as if such employees were
     8  permanent incumbents.
     9    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    10  section,  the members of a police or paid fire department in the city of
    11  Buffalo shall be subject to the following procedure. Where,  because  of
    12  economy,  consolidation or abolition of functions, curtailment of activ-
    13  ities or otherwise, positions  in  the  competitive,  noncompetitive  or
    14  labor class are abolished or reduced in rank or salary grade, suspension
    15  or  demotion,  as  the case may be, among incumbents holding the same or
    16  similar positions shall  be  made  in  the  inverse  order  of  original
    17  appointment on a permanent basis in the grade or title in the service of
    18  the  governmental  jurisdiction  in which such abolition or reduction of

    19  positions occurs, subject to the  provisions  of  subdivision  seven  of
    20  section  eighty-five of this chapter.  Notwithstanding the provisions of
    21  this subdivision, however, upon the abolition or reduction of  positions
    22  in  the  competitive class, incumbents holding the same or similar posi-
    23  tions who  have  not  completed  their  probationary  service  shall  be
    24  suspended  or  demoted,  as the case may be, before any permanent incum-
    25  bents, and among such probationary employees the order of suspension  or
    26  demotion  shall be determined as if such employees were permanent incum-
    27  bents.
    28    1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    29  section,  employees  of  secure  detention facilities in the city of New
    30  York and of the alternatives to secure detention facilities  program  in
    31  such city who are performing functions which were assumed by the depart-

    32  ment  of  social  services  of  the city of New York on the tenth day of
    33  November, nineteen hundred seventy-one and  who,  upon  such  assumption
    34  were  transferred  to said department, shall be subject to the following
    35  procedure. Where, because of  economy,  consolidation  or  abolition  of
    36  function,  curtailment  of  activities  or  otherwise,  positions in the
    37  competitive, noncompetitive or labor class are abolished, or reduced  in
    38  rank  or salary grade, suspension or demotion, as the case may be, among
    39  incumbents holding the same or similar positions shall be  made  in  the
    40  inverse  order of original appointment on a permanent basis in the clas-
    41  sified service in the service of the governmental jurisdiction in  which
    42  such  abolition  or  reduction  of  positions  occurs,  subject  to  the
    43  provisions of subdivision seven of section eighty-five of this  chapter;

    44  provided, however, that if any person so employed and so transferred was
    45  employed  on  a permanent basis in such a facility or such program prior
    46  to the thirtieth day of  December,  nineteen  hundred  sixty-seven,  for
    47  purposes  of this subdivision regarding priority of retention and for no
    48  other purpose, the date of original appointment of any such person shall
    49  be deemed to be the date such permanent employment  commenced  prior  to
    50  the said thirtieth day of December, nineteen hundred sixty-seven.
    51    1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    52  section, sworn employees of the Monroe county sheriff's department shall
    53  be subject to  the  following  procedure.  Where,  because  of  economy,
    54  consolidation  or  abolition  of  function, curtailment of activities or
    55  otherwise, positions in the competitive, noncompetitive or  labor  class

    56  are  abolished,  or  reduced  in  rank  or  salary  grade, suspension or
        A. 6574                             3
 
     1  demotion, as the case may be, among incumbents holding the same or simi-
     2  lar positions shall be made in the inverse order of original appointment
     3  on a permanent basis in the grade or title in the service of the govern-
     4  mental  jurisdiction  in  which such abolition or reduction of positions
     5  occurs, subject to the provisions of subdivision seven of section eight-
     6  y-five of this  chapter;  provided,  however,  that  if  any  person  so
     7  employed  was employed in such person's current title prior to the first
     8  day of April, nineteen hundred ninety-three, for purposes of this subdi-
     9  vision regarding priority of retention and for  no  other  purpose,  the
    10  date  of  original  appointment of any such person shall be deemed to be

    11  the date such employment commenced prior to the said first day of April,
    12  nineteen hundred ninety-three.
    13    2. Continuous service. Except as otherwise provided  herein,  for  the
    14  purposes  of this section the original appointment of an incumbent shall
    15  mean the date of his first appointment on a permanent basis in the clas-
    16  sified service followed by continuous service in the classified  service
    17  on a permanent basis up to the time of the abolition or reduction of the
    18  competitive,  noncompetitive  or  labor class positions. An employee who
    19  has resigned and who has been reinstated or reappointed in  the  service
    20  within  one  year thereafter shall, for the purposes of this section, be
    21  deemed to have continuous service. An employee who has  been  terminated
    22  because of a disability resulting from occupational injury or disease as

    23  defined in the workmen's compensation law and who has been reinstated or
    24  reappointed in the service thereafter shall be deemed to have continuous
    25  service.  A period of employment on a temporary or provisional basis, or
    26  in the unclassified service, immediately preceded and followed by perma-
    27  nent service in the classified service, shall not constitute  an  inter-
    28  ruption  of  continuous  service  for  the purposes of this section; nor
    29  shall a period of leave of absence without pay pursuant to  law  or  the
    30  rules of the civil service commission having jurisdiction, or any period
    31  during which an employee is suspended from his position pursuant to this
    32  section,  constitute  an  interruption  of  continuous  service  for the
    33  purposes of this section.
    34    6. Displacement in civil divisions. A permanent incumbent of  a  posi-

    35  tion  in a civil division in a specific title to which there is a direct
    36  line of promotion  who  is  suspended  or  displaced  pursuant  to  this
    37  section,  together with all other such incumbents suspended or displaced
    38  at the same time, shall displace, in the inverse order of the  order  of
    39  suspension  or  demotion  prescribed in subdivisions one and two of this
    40  section, incumbents serving in positions in the same lay-off unit in the
    41  next lower occupied title in direct  line  of  promotion  who  shall  be
    42  displaced  in the order of suspension or demotion prescribed in subdivi-
    43  sions one and two of this section; provided, however, that no  incumbent
    44  shall displace any other incumbent having greater retention standing. If
    45  a  permanent incumbent of a position in a civil division is suspended or
    46  displaced from a position in a title for which there are no lower  level

    47  occupied  positions  in  direct line of promotion, he shall displace the
    48  incumbent with the least retention right pursuant  to  subdivisions  one
    49  and  two  of  this  section who is serving in a position in the title in
    50  which the displacing incumbent last served on a permanent basis prior to
    51  service in one or more positions in the title from which he is suspended
    52  or displaced, if: (1) the service of the displacing incumbent  while  in
    53  such  former  title  was satisfactory and (2) the position of the junior
    54  incumbent is in (a) the competitive, noncompetitive or labor class,  (b)
    55  the  layoff  unit  from  which the displacing incumbent was suspended or
    56  displaced, and (c) a lower salary grade than the position from which the
        A. 6574                             4
 
     1  displacing incumbent is suspended or displaced; provided, however,  that

     2  no incumbent shall displace any other incumbent having greater retention
     3  standing. Refusal of appointment to a position afforded by this subdivi-
     4  sion constitutes waiver of rights under this subdivision with respect to
     5  the  suspension or displacement on account of which the refused appoint-
     6  ment is afforded. The municipal civil service commission  shall  promul-
     7  gate  rules  to  implement  this  subdivision  including rules which may
     8  provide adjunctive opportunities for displacement either to positions in
     9  direct line of promotion or to formerly held positions; provided, howev-
    10  er, that no such rule shall permit an incumbent to  displace  any  other
    11  incumbent  having greater retention standing. For the purpose of acquir-
    12  ing preferred list rights, displacement pursuant to this subdivision  is
    13  the  equivalent of suspension or demotion pursuant to subdivision one of
    14  this section.

    15    7. Displacement in the state service. A permanent incumbent of a posi-
    16  tion in the state service in a specific title to which there is a direct
    17  line of promotion  who  is  suspended  or  displaced  pursuant  to  this
    18  section,  together with all other such incumbents suspended or displaced
    19  at the same time, shall displace, in the inverse order of the  order  of
    20  suspension  or  demotion  prescribed in subdivisions one and two of this
    21  section, incumbents serving in positions in the same layoff unit in  the
    22  next  lower  occupied  title  in  direct  line of promotion who shall be
    23  displaced in the order of suspension or demotion prescribed in  subdivi-
    24  sions  one and two of this section; provided, however, that no incumbent
    25  shall displace any other incumbent having greater retention standing. If
    26  a permanent incumbent of a position in the state service is suspended or

    27  displaced from a position in a title for which there are no lower  level
    28  occupied  positions  in  direct line of promotion, he shall displace the
    29  incumbent with the least retention right pursuant  to  subdivisions  one
    30  and  two  of  this  section who is serving in a position in the title in
    31  which the displacing incumbent last served on a permanent basis prior to
    32  service in one or more positions in the title from which he is suspended
    33  or displaced, if: (1) the service of the displacing incumbent  while  in
    34  such  former  title  was satisfactory and (2) the position of the junior
    35  incumbent is in (a) the competitive, noncompetitive or labor class,  (b)
    36  the  layoff  unit  from  which the displacing incumbent was suspended or
    37  displaced, and (c) a lower salary grade than the position from which the
    38  displacing incumbent is suspended or displaced; provided, however,  that

    39  no incumbent shall displace any other incumbent having greater retention
    40  standing. Refusal of appointment to a position afforded by this subdivi-
    41  sion constitutes waiver of rights under this subdivision with respect to
    42  the  suspension or displacement on account of which the refused appoint-
    43  ment is afforded. The state civil service  commission  shall  promulgate
    44  rules  to  implement  this subdivision including rules which may provide
    45  adjunctive opportunities for displacement either to positions in  direct
    46  line of promotion or to formerly held positions; provided, however, that
    47  no  such  rule shall permit an incumbent to displace any other incumbent
    48  having  greater  retention  standing.  For  the  purpose  of   acquiring
    49  preferred  list rights, displacement pursuant to this subdivision is the
    50  equivalent of suspension or demotion pursuant to subdivision one of this
    51  section.

    52    9. Certain suspensions or demotions in  the  city  of  Niagara  Falls.
    53  Notwithstanding  the  provisions of subdivision one of this section, the
    54  members of a paid fire department in the city of Niagara Falls shall  be
    55  subject  to  the following procedure. Where, because of economy, consol-
    56  idation or abolition of functions, curtailment of activities  or  other-
        A. 6574                             5
 
     1  wise,  positions  in  the  competitive class are abolished or reduced in
     2  rank or salary grade, suspension or demotion, as the case may be,  among
     3  incumbents  holding  the  same or similar positions shall be made in the
     4  inverse  order of original appointment on a permanent basis in the grade
     5  or title in the service of the governmental jurisdiction in  which  such
     6  abolition or reduction of positions occurs, subject to the provisions of

     7  subdivision seven of section eighty-five of this chapter.  Notwithstand-
     8  ing  the  provisions of this subdivision, however, upon the abolition or
     9  reduction of positions  in  the  competitive,  noncompetitive  or  labor
    10  class,  incumbents  holding  the  same or similar positions who have not
    11  completed their probationary service shall be suspended or  demoted,  as
    12  the  case may be, before any permanent incumbents, and among such proba-
    13  tionary employees the order of suspension or demotion  shall  be  deter-
    14  mined as if such employees were permanent incumbents.
    15    § 2. Section 80-a of the civil service law is REPEALED.
    16    §  3.  Subdivisions 2 and 4 of section 78 of the civil service law, as
    17  added by chapter 29 of the laws of 1996, are amended to read as follows:
    18    2. Order of certification of names from transfer list. a. The names of

    19  persons on a transfer list established to fill  vacancies  in  the  same
    20  position  or  a  position in a lower grade in line of promotion shall be
    21  certified therefrom in the order  of  their  original  appointments,  in
    22  accordance  with the provisions of subdivision three of section eighty[,
    23  subdivision three of section eighty-a] and subdivision seven of  section
    24  eighty-five of this chapter.
    25    b.  The names of persons on a transfer list established to fill vacan-
    26  cies in a comparable position shall be certified  therefrom  with  equal
    27  ranking for appointment.
    28    4.  Relative  seniority.  Where a preferred list exists containing the
    29  names of persons who have been suspended or demoted from a  position  in
    30  the  same  title  to  which  an  appointment is to be made, the relative
    31  seniority, determined in accordance with the provisions  of  subdivision

    32  three  of  section  eighty[,  subdivision three of section eighty-a] and
    33  subdivision seven of section eighty-five of this chapter, of the  person
    34  certified first on such preferred list willing to accept appointment and
    35  the  person  certified  first  on  the  transfer  list willing to accept
    36  appointment shall be compared and the person with the greater  seniority
    37  shall be certified first.
    38    § 4. Paragraphs a, b and e of subdivision 1 of section 79 of the civil
    39  service law, as added by chapter 315 of the laws of 1995, are amended to
    40  read as follows:
    41    a.  Where,  and to the extent that, an agreement between the state and
    42  an employee organization entered into pursuant to  article  fourteen  of
    43  this  chapter  so  provides, upon notification to the department that an
    44  employee in the state service is to be suspended or demoted  in  accord-

    45  ance with the provisions of section eighty [or eighty-a] of this article
    46  by reason of the state's exercise of its right to contract out for goods
    47  and  services,  and  receipt  of  the  information  required pursuant to
    48  section eighty-one-a of this article for purposes of establishing  reem-
    49  ployment  rosters,  at  least  ninety  days  prior  to the suspension or
    50  demotion of an affected employee, the department shall place the name of
    51  the employee upon a redeployment list. Such redeployment list  shall  be
    52  certified  for  filling positions in the same title or in any comparable
    53  title, as determined by the department,  before  certification  is  made
    54  from  any  other eligible list, placement roster, reemployment roster or
    55  preferred list.  The director of state operations is authorized to rede-
    56  ploy such employees to positions in appointing authorities of the execu-

        A. 6574                             6
 
     1  tive branch. The department may extend the right to be placed on a rede-
     2  ployment list, in accordance with the provisions  of  this  section,  to
     3  employees not subject to the provisions of such agreement.
     4    b.  Orders  of  certification  of names from a redeployment list.  The
     5  names of persons on a redeployment list shall be certified therefrom for
     6  appointment in the order of their original appointments,  in  accordance
     7  with the provisions of subdivision three of section eighty [and subdivi-
     8  sion three of section eighty-a] of this article.
     9    e.   Termination  of  eligibility  for  appointment.  Eligibility  for
    10  appointment of an employee whose name appears  on  a  redeployment  list
    11  shall  terminate  at such time as the employee is redeployed pursuant to

    12  the provisions of this section to a position in the same salary grade as
    13  the position from which he or she has been suspended or demoted, or  has
    14  exercised  his  or her reemployment rights pursuant to the provisions of
    15  section eighty-one or eighty-one-a of this article,  provided,  however,
    16  that  eligibility  for  appointment  shall  terminate  no later than six
    17  months following the suspension or demotion of such employee in  accord-
    18  ance  with  the provisions of section eighty [or eighty-a] of this arti-
    19  cle. Upon such employee's suspension or demotion, the  department  shall
    20  place  the  name of such employee upon a preferred list, and a reemploy-
    21  ment roster, as  appropriate,  in  accordance  with  the  provisions  of
    22  sections eighty-one and [eight-one-a] eighty-one-a of this article.

    23    §  5. Subdivision 1 of section 81 of the civil service law, as amended
    24  by chapter 152 of the laws of 2011, is amended to read as follows:
    25    1. Establishment of preferred lists; general provisions. The  head  of
    26  any  department, office or institution in which an employee is suspended
    27  or demoted in accordance  with  the  provisions  of  [sections]  section
    28  eighty  [and  eighty-a]  of  this  title  shall, upon such suspension or
    29  demotion, furnish the state  civil  service  department  or  appropriate
    30  municipal  commission, as the case may be, a statement showing his name,
    31  title or position, date of appointment, and the date of and  reason  for
    32  suspension  or  demotion.  It  shall  be  the duty of such civil service
    33  department or commission, as the case may be,  forthwith  to  place  the

    34  name  of  such  employee upon a preferred list, together with others who
    35  may have been suspended or demoted from the same or similar positions in
    36  the same jurisdictional class, and to certify such list, as  hereinafter
    37  provided, for filling vacancies in the same jurisdictional class; first,
    38  in  the  same  or  similar  position; second, in any position in a lower
    39  grade in line of promotion; and third, in any comparable position.  Such
    40  preferred  list  shall  be  certified  for filling a vacancy in any such
    41  position before certification is made from any other list,  including  a
    42  promotion  eligible  list,  notwithstanding  the  fact  that none of the
    43  persons on such preferred list was suspended  from  or  demoted  in  the
    44  department or suspension and demotion unit in which such vacancy exists.
    45  No  other name shall be certified from any other list for any such posi-

    46  tion until such preferred list is exhausted. The eligibility  for  rein-
    47  statement  of  a  person  whose  name appears on any such preferred list
    48  shall not continue for a period longer than four years from the date  of
    49  separation  or  demotion.  An  employee  whose  name  was  placed on the
    50  preferred list and at the time of such placement was on active duty with
    51  the armed forces of the United States, as pursuant to title  ten,  four-
    52  teen  or thirty-two of the United States code, shall not be eligible for
    53  employment reinstatement for a period longer than four years  after  the
    54  date of termination of military duty.
    55    §  6.  Subdivisions  1 and 5 of section 81-a of the civil service law,
    56  subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi-
        A. 6574                             7
 

     1  sion 5 as added by chapter 239 of the laws of 1992, are amended to  read
     2  as follows:
     3    1. Establishment of reemployment rosters in the state service; general
     4  provisions. The head of any department, office or institution from which
     5  an  employee  in  the  state  service  is  to be suspended or demoted in
     6  accordance with the provisions of section eighty [or eighty-a]  of  this
     7  article,  shall,  at  least  twenty  days  prior  to  such suspension or
     8  demotion, furnish the state civil service department  with  a  statement
     9  showing  such  employee's  name, title or position, date of appointment,
    10  and the date of and reason for suspension or demotion. Upon such employ-
    11  ee's suspension or demotion, it shall be the duty of the  department  to
    12  place  the  name of such employee upon a reemployment roster for filling

    13  vacancies in any comparable position as determined  by  the  department,
    14  except  that  employees  suspended or demoted from positions in the non-
    15  competitive and labor classes may not be certified to fill vacancies  in
    16  the  competitive  class. Such reemployment roster shall be certified for
    17  filling a vacancy in any such position before certification is made from
    18  any other list, including a promotion eligible list, but not prior to  a
    19  preferred  list.  Eligibility  for  reinstatement of a person whose name
    20  appears on any such reemployment roster shall not continue for a  period
    21  longer than four years from the date of suspension or demotion provided,
    22  however, in no event shall eligibility for reinstatement  from  a  reem-
    23  ployment roster continue once the person is no longer eligible for rein-
    24  statement from a preferred list.

    25    5. Notwithstanding any other provision of this chapter, the department
    26  may  disqualify for reinstatement and remove from a  reemployment roster
    27  the name of any otherwise eligible person who, by reason of physical  or
    28  mental  incapacity,  is found to be unable to satisfactorily perform the
    29  duties of the position for which such roster has  been  established,  or
    30  who has engaged in such misconduct as would warrant his or her dismissal
    31  from public employment, except that a person who is not completely phys-
    32  ically incapacitated and who is suspended or demoted pursuant to section
    33  eighty  [or  eighty-a]  of  this article because his or her position has
    34  been abolished or reduced, but who is certified for reinstatement to any
    35  position having the same physical  requirements  as  the  position  from
    36  which  such  person  was suspended or demoted, shall not be disqualified

    37  because of his or her incapacity, unless upon medical examination his or
    38  her incapacity has worsened to a degree that he or she would not be able
    39  to satisfactorily perform in such position. No person shall be disquali-
    40  fied pursuant to this subdivision unless he or  she  is  first  given  a
    41  written statement of the reasons therefor and an opportunity to be heard
    42  at  a hearing at which satisfactory proof of such reasons must be estab-
    43  lished by appropriate evidence, and at which  such  person  may  present
    44  independent  evidence  and be entitled to representation by counsel. The
    45  department shall designate a person to  hold  such  hearing  and  report
    46  thereon.
    47    §  7.  Subdivision  1  of  section  81-b  of the civil service law, as
    48  amended by chapter 140 of the laws  of  1993,  is  amended  to  read  as
    49  follows:

    50    1.  Establishment  of  placement rosters in the state service; general
    51  provisions.   The head of any department,  office  or  institution  from
    52  which  an employee in the state service is to be suspended or demoted in
    53  accordance with the provisions of section eighty [or eighty-a]  of  this
    54  article,  shall, no later than the date on which he or she furnishes the
    55  state civil service department with the  employee  information  required
    56  pursuant  to section eighty-one-a of this article for purposes of estab-
        A. 6574                             8
 
     1  lishing reemployment rosters, furnish the state civil service department
     2  with a statement showing such employee's name, title or  position,  date
     3  of appointment, and the anticipated date of and reason for suspension or
     4  demotion.  Upon  receiving such information, it shall be the duty of the

     5  department forthwith to place the name of such employee upon a placement
     6  roster for filling vacancies in the same  title  or  in  any  comparable
     7  position   as  determined  by  the  department,  except  that  employees
     8  suspended or demoted from positions in  the  non-competitive  and  labor
     9  classes may not be certified to fill vacancies in the competitive class.
    10  Such  placement  roster  shall be certified for filling a vacancy in any
    11  such position before certification is made from any other list,  includ-
    12  ing  a  promotion  eligible list, but not prior to a preferred list or a
    13  reemployment roster. Eligibility for appointment of  an  employee  whose
    14  name  appears  on any such placement roster shall terminate at such time
    15  as  the  employee  is  suspended  or  demoted  in  accordance  with  the
    16  provisions  of  section eighty [or eighty-a] of this article.  Upon such

    17  employee's suspension or demotion, the department shall place  the  name
    18  of  such  employee  upon  a preferred list, and a reemployment roster as
    19  appropriate, in accordance with the provisions  of  sections  eighty-one
    20  and eighty-one-a of this article.
    21    §  8. Subdivision 7 of section 85 of the civil service law, as amended
    22  by chapter 532 of the laws of 1976, is amended to read as follows:
    23    7. Preference in retention upon the abolition  of  positions.  In  the
    24  event  of  the  abolition  or  elimination  of any position in the civil
    25  service [for which eligible lists are established or  any  position  the
    26  incumbent  of which is encompassed by section eighty-a of this chapter],
    27  any suspension, demotion or displacement shall be made  in  the  inverse
    28  order  of the date of original appointment in the service subject to the

    29  following conditions: (1) blind  employees  shall  be  granted  absolute
    30  preference  in  retention; (2) the date of such original appointment for
    31  disabled veterans shall be deemed to be sixty months  earlier  than  the
    32  actual date, determined in accordance with section thirty of the general
    33  construction law; (3) the date of such original appointment for non-dis-
    34  abled  veterans  shall  be  deemed  to be thirty months earlier than the
    35  actual date, determined in accordance with section thirty of the general
    36  construction law; (4) no permanent competitive class employee subject to
    37  the jurisdiction of the civil service commission of the city of New York
    38  who receives an injury in the line of duty, as  defined  in  this  para-
    39  graph,  which  requires  immediate  hospitalization,  and  which  is not
    40  compensable through workmen's compensation may be suspended, demoted  or

    41  displaced pursuant to section eighty of this chapter within three months
    42  of  the  date  of  his  confinement,  provided  that medical authorities
    43  approved by such commission shall certify that the employee is not  able
    44  to  perform  the  duties  of  his  position; provided further, that such
    45  three-month period may be extended by  such  commission  for  additional
    46  periods  not  to  exceed one year each upon the certification of medical
    47  authorities selected by such commission  that  the  employee  is,  as  a
    48  result  of his injury, still not able to perform the duties of his posi-
    49  tion. An injury in the line of duty, as used herein, shall be  construed
    50  to  mean  an  injury  which is incurred as a direct result of the lawful
    51  performance of the duties of the position.  In  determining  whether  an
    52  injury  was  received in the line of duty, such commission shall require

    53  the head of the agency by which the employee is employed to certify that
    54  the injury was received as a direct result of the lawful performance  of
    55  the  employee's duties; and (5) the spouse of a veteran with one hundred
    56  percent service connected disability shall be deemed to be sixty  months
        A. 6574                             9
 
     1  earlier  than  the  actual  date,  determined in accordance with section
     2  thirty of the general construction law, provided, the  spouse  is  domi-
     3  ciled  with  the  veteran-spouse  and is the head of the household. This
     4  section shall not be construed as conferring any additional benefit upon
     5  such  employee other than a preference in retention. Such employee shall
     6  be subject to transfer upon the abolition of  his  function  within  his
     7  agency or department.

     8    § 9. Section 86 of the civil service law, as amended by chapter 283 of
     9  the laws of 1972, is amended to read as follows:
    10    § 86. Transfer  of veterans or exempt volunteer firemen upon abolition
    11  of positions. If the position in the non-competitive  or  in  the  labor
    12  class  held  by  any honorably discharged veteran of the armed forces of
    13  the United States who served therein  in  time  of  war  as  defined  in
    14  section eighty-five of this [chapter] article, or by an exempt volunteer
    15  fireman  as  defined in the general municipal law, shall become unneces-
    16  sary or be abolished for reasons of economy or otherwise, the  honorably
    17  discharged  veteran  or  exempt  volunteer fireman holding such position
    18  shall not be discharged from the public service but shall be transferred
    19  to a similar position wherein a vacancy exists, and  shall  receive  the

    20  same  compensation  therein.   It is hereby made the duty of all persons
    21  clothed with the power of appointment to make such  transfer  effective.
    22  The  right  to  transfer herein conferred shall continue for a period of
    23  one year following the date of abolition of the  position,  and  may  be
    24  exercised  only  where  a  vacancy  exists in an appropriate position to
    25  which transfer may be made at the time of demand for  transfer.    Where
    26  the  positions of more than one such veteran or exempt volunteer fireman
    27  are abolished and a lesser number  of  vacancies  in  similar  positions
    28  exist  to  which  transfer may be made, the veterans or exempt volunteer
    29  firemen whose positions are abolished shall be entitled to  transfer  to
    30  such  vacancies  in  the  order  of  their  original  appointment in the
    31  service.  Nothing in this section shall be construed  to  apply  to  the

    32  position  of  private  secretary,  cashier  or deputy of any official or
    33  department.  [This section shall have no application to  persons  encom-
    34  passed by section eighty-a of this chapter.]
    35    §  10.  Paragraph  (a)  of  subdivision  3 of section 131 of the civil
    36  service law, as amended by chapter 733 of the laws of 1979,  is  amended
    37  to read as follows:
    38    (a)  If  such  an employee is demoted, or displaced to a position in a
    39  lower grade pursuant to [sections] section eighty [or eighty-a] of  this
    40  chapter,  or  is appointed, transferred or reinstated to a position in a
    41  lower grade, he shall, upon such  demotion,  displacement,  appointment,
    42  transfer,  or  reinstatement,  receive  the  rate  of compensation which
    43  corresponds with the number of  annual  increments  and  the  percentage

    44  value  of  performance  advances  actually received in the salary grades
    45  from which and to which he is demoted, displaced, appointed, transferred
    46  or reinstated, as the case may be.
    47    § 11. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
    48  13 of section 3556 of the public authorities law, as added by chapter  5
    49  of the laws of 1997, are amended to read as follows:
    50    (e) Notwithstanding any other provision of this title, the corporation
    51  may  disqualify for reinstatement and remove from a  reemployment roster
    52  the name of any otherwise eligible person who, by reason of physical  or
    53  mental  incapacity,  is found to be unable to satisfactorily perform the
    54  duties of the position for which such roster has  been  established,  or
    55  who has engaged in such misconduct as would warrant his or her dismissal
    56  from public employment, except that a person who is not completely phys-

        A. 6574                            10
 
     1  ically incapacitated and who is suspended or demoted pursuant to section
     2  eighty  [or  eighty-a] of the civil service law because his or her posi-
     3  tion has been abolished or reduced,  but  who  is  certified  for  rein-
     4  statement  to  any position having the same physical requirements as the
     5  position from which such person was suspended or demoted, shall  not  be
     6  disqualified because of his or her incapacity, unless upon medical exam-
     7  ination  his  or  her incapacity has worsened to a degree that he or she
     8  would not be able to satisfactorily perform in such position. No  person
     9  shall  be  disqualified pursuant to this subdivision unless he or she is
    10  first given a written statement of the reasons therefor and an  opportu-
    11  nity  to  be  heard  at  a  hearing  at which satisfactory proof of such

    12  reasons must be established by appropriate evidence, and at  which  such
    13  person  may  present  independent  evidence and be entitled to represen-
    14  tation by counsel. The corporation shall designate a person to hold such
    15  hearing and report thereon.
    16    (f) Eligibility for appointment of an employee whose name appears on a
    17  redeployment list shall terminate at such time as the employee is  rede-
    18  ployed  pursuant  to the provisions of this section to a position in the
    19  same salary grade as  the  position  from  which  he  or  she  has  been
    20  suspended  or  demoted,  or has exercised his or her reemployment rights
    21  pursuant to the provisions of section eighty-one or eighty-one-a of  the
    22  civil  service  law, provided, however, that eligibility for appointment
    23  shall terminate no later than six months  following  the  suspension  or

    24  demotion  of  such employee in accordance with the provisions of section
    25  eighty [or eighty-a] of the civil service law.    Upon  such  employee's
    26  suspension  or  demotion,  the  corporation shall place the name of such
    27  employee upon a preferred list, and a reemployment roster, as  appropri-
    28  ate,  in  accordance  with  the  provisions of subdivision eight of this
    29  section.
    30    § 12. This act shall take effect immediately.