Bill Text: NY A02179 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires persons assuming exempt non-competitive class civil service positions to demonstrate their competence for such position through education, substantive experience or professional training or examination as deemed appropriate by the civil service commission.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-04-05 - enacting clause stricken [A02179 Detail]

Download: New_York-2021-A02179-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2179

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON --
          read once and referred to the Committee on Governmental Employees

        AN  ACT  to amend the civil service law, in relation to providing compe-
          tency standards for exempt and non-competitive class positions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 41 of the civil service law is amended by adding a
     2  new subdivision 3 to read as follows:
     3    3. No person shall be permitted to assume any  exempt  class  position
     4  who  has  not  demonstrated  his  or her competence for that position by
     5  reason of professional training, substantive experience and education or
     6  such examination as may be deemed appropriate in accordance with section
     7  fifty of this chapter.
     8    § 2. Subdivision 1 of section 42 of the civil service law, as  amended
     9  by chapter 155 of the laws of 1961, is amended to read as follows:
    10    1.  The non-competitive class shall include all positions that are not
    11  in the exempt class or the labor class and for which it is found by  the
    12  commission  having  jurisdiction  to be not practicable to ascertain the
    13  merit and fitness of applicants by competitive  examination.    Appoint-
    14  ments to positions in the non-competitive class shall be made after such
    15  non-competitive  examination as is prescribed by the state civil service
    16  department or municipal commission having jurisdiction, except  that  no
    17  person  shall  be  permitted to assume any administrative or supervisory
    18  position who has not demonstrated his or her competence for  that  posi-
    19  tion  by  reason  of  professional  training, substantive experience and
    20  education or such examination as may be deemed appropriate in accordance
    21  with section fifty of this chapter.  No position shall be deemed  to  be
    22  in  the  non-competitive  class  unless it is specifically named in such
    23  class in the rules. Not more than one appointment shall be  made  to  or
    24  under  the title of any office or position placed in the non-competitive

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07578-01-1
        A. 2179                             2

     1  class pursuant to the provisions of this section, unless a different  or
     2  an unlimited number is specifically prescribed in the rules.
     3    § 3. This act shall take effect on the one hundred twentieth day after
     4  it  shall  have become a law. Effective immediately the addition, amend-
     5  ment and/or repeal of any rule or regulation necessary for the implemen-
     6  tation of this act on its effective date are authorized to be made on or
     7  before such date.