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A07780 Summary:

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A07780 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7780--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2011
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on  Governmental  Employees  --  committee  discharged,  bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 

        AN ACT to amend the civil service law,  in  relation  to  suspension  or
          demotion  upon the abolition or reduction of positions for labor class
          titles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  6 of section 80 of the civil service law, as
     2  added by chapter 283 of the laws of 1972 and renumbered by  chapter  360
     3  of the laws of 1985, is amended to read as follows:
     4    6.  Displacement  in civil divisions. A permanent incumbent of a posi-
     5  tion in a civil division in a specific title to which there is a  direct
     6  line  of promotion, or where incumbents in titles in the labor class who
     7  have taken the exam and been promoted to the  position  of  a  permanent
     8  incumbent  pursuant  to  section  fifty-two  of  this  chapter,  who  is

     9  suspended or displaced pursuant to this section, together with all other
    10  such incumbents suspended or displaced at the same time, shall displace,
    11  in the inverse order of the order of suspension or  demotion  prescribed
    12  in subdivisions one and two of this section, incumbents serving in posi-
    13  tions  in  the  same  lay-off  unit  in the next lower occupied title in
    14  direct line of promotion or in the title in the  labor  class  in  which
    15  incumbents  were  extended the opportunity to take the promotional exam-
    16  ination for the position of the suspended or displaced permanent  incum-
    17  bent  pursuant  to  section  fifty-two  of  this  chapter,  who shall be
    18  displaced in the order of suspension or demotion prescribed in  subdivi-
    19  sions  one and two of this section; provided, however, that no incumbent

    20  shall displace any other incumbent having greater retention standing. If
    21  a permanent incumbent of a position in a civil division is suspended  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11533-03-1
        A. 7780--B                          2
 
     1  displaced  from a position in a title for which there are no lower level
     2  occupied positions in direct line of promotion, he  shall  displace  the
     3  incumbent  with  the  least retention right pursuant to subdivisions one
     4  and  two  of  this  section who is serving in a position in the title in
     5  which the displacing incumbent last served [on a permanent basis]  prior
     6  to  service  in  one  or  more  positions  in the title from which he is

     7  suspended or displaced, if: (1) the service of the displacing  incumbent
     8  while  in such former title was satisfactory and (2) the position of the
     9  junior incumbent is in (a) the  competitive  or  labor  class,  (b)  the
    10  layoff  unit  from  which  the  displacing  incumbent  was  suspended or
    11  displaced, and (c) a lower salary grade than the position from which the
    12  displacing incumbent is suspended or displaced; provided, however,  that
    13  no incumbent shall displace any other incumbent having greater retention
    14  standing. Refusal of appointment to a position afforded by this subdivi-
    15  sion constitutes waiver of rights under this subdivision with respect to
    16  the  suspension or displacement on account of which the refused appoint-
    17  ment is afforded. The municipal civil service commission  shall  promul-
    18  gate  rules  to  implement  this  subdivision  including rules which may

    19  provide adjunctive opportunities for displacement either to positions in
    20  direct line of promotion or to formerly held positions; provided, howev-
    21  er, that no such rule shall permit an incumbent to  displace  any  other
    22  incumbent  having greater retention standing. For the purpose of acquir-
    23  ing preferred list rights, displacement pursuant to this subdivision  is
    24  the  equivalent of suspension or demotion pursuant to subdivision one of
    25  this section.
    26    § 2. This act shall take effect immediately.