STATE OF NEW YORK
________________________________________________________________________
7810
IN SENATE
June 11, 2014
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
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
S. 7810 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
S. 7810 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.
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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.
