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A09970 Summary:

A09970 Actions:

A09970 Floor Votes:

A09970 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9970
 
                   IN ASSEMBLY
 
                                      June 4, 2014
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of 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  provisional
          employees  of certain public employers; to amend chapter 5 of the laws
          of 2008 amending the civil service law relating to provisional employ-

          ees of certain public employers, in relation to extensions of  certain
          negotiated  agreements  and  extending the provisions of such chapter;
          and to amend part I of chapter 56 of the laws  of  2008  amending  the
          civil  service  law relating to excess provisional employees of a city
          having a population of one million or more, in relation  to  extending
          the provisions thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Statement of legislative findings and intent. The  legisla-
     2  ture  hereby  finds  that  the  city of New York and other employers for
     3  which the New York city department of citywide  administrative  services
     4  ("DCAS")  manages civil service appointments ("the DCAS employers") have
     5  made substantial progress in reducing the number of provisional appoint-

     6  ments. Aspects of the original plan developed by DCAS in accordance with
     7  chapter 5 of the laws of 2008 to reduce provisional  appointments  could
     8  not  be  fully  implemented  during  the period of effectiveness of such
     9  plan, and a limited revision and extension are now necessary in order to
    10  implement further actions in an appropriate timeframe that preserves the
    11  quality and effectiveness of governmental  operations.  The  legislature
    12  therefore  additionally  finds that the constitutional mandate of making
    13  appointments and promotions "according to merit and  fitness"  would  be
    14  furthered  by maintaining, for an additional defined period, the orderly
    15  planning and implementation process, including review by the state civil
    16  service commission, originally established by chapter 5 of the  laws  of
    17  2008.  The  legislature  further  finds that during such period, limited

    18  waivers of selected applicable time limitations, as well as the authori-
    19  zation of certain negotiated  disciplinary  procedures  for  provisional
    20  employees,  are  also  appropriate. These actions are authorized only in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15510-01-4
        A. 9970                             2
 
     1  the unique context of continuing to implement a remedy for the  specific
     2  problem faced by the city and other DCAS employers.
     3    §  2.  Subdivision 5 of section 65 of the civil service law is amended
     4  by adding a new paragraph (c-1) to read as follows:
     5    (c-1) Revised plan for provisional employees. Within sixty days  after

     6  the  effective  date  of  this  paragraph,  the  DCAS employers shall be
     7  required to submit to the state commission for  its  approval  a  single
     8  comprehensive revision of the plan prepared pursuant to paragraph (b) of
     9  this  subdivision,  to  be  implemented  by November first, two thousand
    10  sixteen, to further reduce the number of provisional  appointments  that
    11  have  continued  beyond  the periods permitted by subdivisions one, two,
    12  three and four of this  section.  Such  revised  plan  may  contain  any
    13  elements  or means of implementation authorized by paragraph (b) of this
    14  subdivision. The revised plan shall be supported by appropriate documen-
    15  tation and explanation, and the information contained in the plan  shall

    16  be  confirmed by the commissioner of DCAS as accurate to the best of his
    17  or her knowledge, based on a reasonable inquiry by DCAS into  the  facts
    18  set forth therein. Within sixty days of the submission of such plan, the
    19  state  commission shall approve the revised plan, with or without recom-
    20  mended changes, or disapprove it. The approval process  shall  otherwise
    21  conform  to  the timeframes and procedures set forth in paragraph (c) of
    22  this subdivision. Notwithstanding any  inconsistent  provision  of  this
    23  subdivision,  this subdivision shall no longer be in force and effect if
    24  no revised plan has been approved by the state commission  within  eigh-
    25  teen months from the effective date of this paragraph.

    26    § 3. Paragraphs (d), (f) and (g) of subdivision 5 of section 65 of the
    27  civil  service  law,  as  added  by  chapter  5 of the laws of 2008, are
    28  amended to read as follows:
    29    (d) Modifications of the plan. During the course of  implementing  the
    30  plan developed [and], approved and revised in accordance with paragraphs
    31  (b)  [and],  (c)  and  (c-1)  of this subdivision, if the DCAS employers
    32  determine that there is a need to modify the plan, they shall  submit  a
    33  request  for  modification  of  the  plan  to the state commission. Such
    34  request shall detail the circumstances that  have  arisen  necessitating
    35  the  request,  including  but  not  limited  to  unforeseen demands upon
    36  resources, unforeseen projected impacts upon  the  provision  of  public

    37  services,  or  a  finding that implementation of any part of the plan is
    38  impracticable, unduly burdensome or  otherwise  likely  to  prevent  the
    39  successful  implementation  of the plan or any aspect thereof. The state
    40  commission shall act upon the  request  for  modification  within  sixty
    41  days.  The  state commission may in its discretion approve the modifica-
    42  tion, approve the modification with recommended changes,  or  disapprove
    43  the  modification; provided, however, that if the state commission takes
    44  no action within such period, it shall be deemed to  have  approved  the
    45  modification,  and  provided  further that if the changes recommended by
    46  the state commission are not accepted by the DCAS employers within thir-
    47  ty days, the modification shall be deemed  disapproved.  Notwithstanding
    48  any  inconsistent  provision  of this paragraph, where a modification is

    49  insubstantial, and will not materially affect the ability  of  the  DCAS
    50  employers  to [achieve timely substantial compliance with the time peri-
    51  ods permitted by this section] reduce the number of provisional appoint-
    52  ments in accordance with paragraph (c-1) of this subdivision,  DCAS  may
    53  so certify and the modification may be implemented and shall be filed by
    54  DCAS  with  the state commission within five business days. In the event
    55  that a request for modification is disapproved, the plan  previously  in
    56  effect  shall  remain in effect, provided that the DCAS employers may at
        A. 9970                             3
 
     1  any time submit a new proposed modification. [Any modification  approved
     2  pursuant  to  this paragraph may extend the duration of a plan to a date

     3  no more than one year beyond the five-year period  authorized  by  para-
     4  graph (b) of this subdivision.]
     5    (f)  Time  limitation.  Notwithstanding  any inconsistent provision of
     6  this chapter or any other law or rule to the contrary, the provisions of
     7  subdivision two of this section shall not apply to DCAS  employers  upon
     8  the  effective  date  of  the  chapter of the laws of two thousand seven
     9  which added this subdivision, and during the timely submission, approval
    10  and implementation of a plan in accordance with paragraphs (b), (c)  and
    11  (e)  of this subdivision, and of a revised plan in accordance with para-
    12  graph (c-1) of this subdivision. The provisions of  subdivision  two  of
    13  this  section shall be applicable to any provisional employee serving in
    14  a position for which an appropriate eligible list has  been  established

    15  pursuant  to such plan or revised plan, unless such list is not adequate
    16  to fill all positions then held on a provisional basis or  is  exhausted
    17  immediately following its establishment.
    18    (g)  Agreements governing disciplinary procedures. Notwithstanding any
    19  inconsistent provision of this chapter or any other law or rule  to  the
    20  contrary,  any  DCAS employer and an employee organization, as such term
    21  is defined in article fourteen of this chapter, may  enter  into  agree-
    22  ments  to  provide  disciplinary  procedures  applicable  to provisional
    23  appointees or categories thereof who have served for a period  of  twen-
    24  ty-four  months or more in a position which is covered by such an agree-
    25  ment. No such provisional employee shall be  deemed  to  be  permanently
    26  appointed under such circumstances, nor may such disciplinary procedures

    27  be  deemed  to preclude removal of an employee as a result of the estab-
    28  lishment of and appointments from an appropriate  eligible  list  or  in
    29  accordance with any other provision of law. Any such agreement may apply
    30  upon  the  effective date of [the] chapter five of the laws of two thou-
    31  sand [seven which added this subdivision] eight, and during  the  timely
    32  submission,  approval  and  implementation  of a plan in accordance with
    33  paragraphs (b), (c) and (e) of this subdivision, and of a  revised  plan
    34  in  accordance  with  paragraph (c-1) of this subdivision, and shall not
    35  apply to any provisional employee serving in a  position  for  which  an
    36  appropriate  eligible  list  has  been  established  pursuant  to a plan
    37  approved in accordance with this subdivision unless  such  list  is  not

    38  adequate  to  fill  all positions then held on a provisional basis or is
    39  exhausted immediately following its establishment.
    40    § 4. Sections 3 and 5 of chapter 5 of the laws of 2008,  amending  the
    41  civil  service  law  relating to provisional employees of certain public
    42  employers, is amended to read as follows:
    43    § 3. Any agreement or extension thereof entered into pursuant to para-
    44  graph (g) of subdivision 5 of section 65 of the civil  service  law,  as
    45  added  by  section  two  of this act, may include protections for provi-
    46  sional employees who were covered, prior to the effective date  of  this
    47  act,  by  agreements  similar to those authorized by such paragraph. Any
    48  agreement or extension thereof entered into pursuant to  such  paragraph
    49  may  include,  but shall not be limited to, the appropriate arbitration,

    50  adjudication or other  disposition  of  disciplinary  or  other  matters
    51  concerning provisional employees that were pending on the effective date
    52  of this act.
    53    § 5. This act shall take effect immediately, and shall expire December
    54  31,  [2014] 2016 when upon such date the provisions of this act shall be
    55  deemed repealed.
        A. 9970                             4
 
     1    § 5. Section 2 of part I of chapter 56 of the laws of  2008,  amending
     2  the civil service law relating to excess provisional employees of a city
     3  having  a  population  of  one  million  or  more, is amended to read as
     4  follows:
     5    §  2.  This  act shall take effect immediately and shall expire and be
     6  deemed repealed December 31, [2014] 2016.

     7    § 6. If any section, subdivision, paragraph, clause, sentence,  phrase
     8  or  other  portion  of this act is, for any reason, declared unconstitu-
     9  tional or invalid, in whole or in part, by any court of competent juris-
    10  diction, such portion shall be deemed severable,  and  such  unconstitu-
    11  tionality  or  invalidity shall not affect the validity of the remaining
    12  portions of this act, which remaining portions shall  continue  in  full
    13  force and effect.
    14    §  7. This act shall take effect immediately; provided that the amend-
    15  ments to subdivision 5 of section 65 of the civil service  law  made  by
    16  sections  two  and three of this act shall not affect the repeal of such
    17  subdivision  and  shall  be  deemed  repealed  therewith;  and  provided
    18  further,  that  the  amendments to section 3 of chapter 5 of the laws of

    19  2008 made by section four of this act shall not  affect  the  repeal  of
    20  such section and shall be deemed repealed therewith.