Bill Text: NY A06339 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that an employee's length of service shall not be the sole factor in any decision regarding which positions are abolished.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2012-06-13 - held for consideration in education [A06339 Detail]

Download: New_York-2011-A06339-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6339
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 15, 2011
                                      ___________
       Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
         tee on Education
       AN ACT to amend the education law,  in  relation  to  the  abolition  of
         office or position
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3013 of the education law, as added by chapter  737
    2  of the laws of 1992, is amended to read as follows:
    3    S 3013. Abolition  of  office or position. 1. [If] NOTWITHSTANDING ANY
    4  OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY,  A  TRUSTEE,
    5  BOARD  OF  TRUSTEES,  BOARD  OF EDUCATION OR BOARD OF COOPERATIVE EDUCA-
    6  TIONAL SERVICES AND ITS EMPLOYEES' COLLECTIVE  BARGAINING  AGENTS  SHALL
    7  ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT OR REDUCTION OF TEACHING
    8  OR SUPERVISORY POSITIONS AND THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT
    9  POSITIONS  PURSUANT TO THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL
   10  SERVICE LAW. UNTIL SUCH A PROCESS HAS BEEN ESTABLISHED,  IF  a  trustee,
   11  board  of  trustees,  board  of education or board of cooperative educa-
   12  tional services abolishes an office  or  position  and  creates  another
   13  office  or  position  for  the  performance  of  duties similar to those
   14  performed in the office or position abolished, the person  filling  such
   15  office  or position at the time of its abolishment shall be appointed to
   16  the office or position thus  created  without  reduction  in  salary  or
   17  increment,  provided the record of such person has been one of faithful,
   18  competent service in the office or position he or she has filled.
   19    2. [Whenever] NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  RULE  OR
   20  REGULATION  TO  THE CONTRARY, UNTIL A PROCESS IS ESTABLISHED PURSUANT TO
   21  SUBDIVISION ONE OF THIS SECTION, WHENEVER a trustee, board of  [trustee]
   22  TRUSTEES,  board  of  education  or  board  of  cooperative  educational
   23  services abolishes a position under this chapter, the  services  of  the
   24  teacher  having  the  least seniority in the system within the tenure of
   25  the position abolished shall be discontinued.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10021-01-1
       A. 6339                             2
    1    3. (a) [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGU-
    2  LATION  TO  THE  CONTRARY,  UNTIL  A  PROCESS IS ESTABLISHED PURSUANT TO
    3  SUBDIVISION ONE OF THIS SECTION IF an office or position is abolished or
    4  if it is consolidated with another position without creating a new posi-
    5  tion, the person filling such position at the time of its abolishment or
    6  consolidation  shall  be placed upon a preferred eligible list of candi-
    7  dates for appointment to a vacancy that then exists or that  may  there-
    8  after  occur  in  an  office  or  position similar to the one which such
    9  person filled without reduction in salary  or  increment,  provided  the
   10  record of such person has been one of faithful, competent service in the
   11  office  or  position he or she has filled. The persons on such preferred
   12  list shall be reinstated or appointed to such vacancies in  such  corre-
   13  sponding or similar positions in the order of their length of service in
   14  the  system at any time within seven years from the date of abolition or
   15  consolidation of such office or position.
   16    (b) [The] NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  RULE  OR  REGU-
   17  LATION  TO  THE  CONTRARY,  UNTIL  A  PROCESS IS ESTABLISHED PURSUANT TO
   18  SUBDIVISION ONE OF THIS SECTION, THE  persons  on  such  preferred  list
   19  shall  be  reinstated,  in accordance with the terms of paragraph (a) of
   20  this subdivision, to such substitute positions of five months or more in
   21  duration, as may from time to time occur without losing their  preferred
   22  status  on  such  list.    Declination  of  such reinstatement shall not
   23  adversely affect the persons' preferred eligibility status.
   24    4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
   25  THE  CONTRARY,  THE  LOCALLY ESTABLISHED PROCESS ESTABLISHED PURSUANT TO
   26  SUBDIVISION ONE OF THIS SECTION SHALL:
   27    (A) NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE  SOLE  FACTOR
   28  IN  ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
   29  PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF. ANY CONSIDERATION OF
   30  AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A  FACTOR  FOR
   31  THE  ABOLISHMENT  OF  POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH
   32  POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE;
   33    (B) NOT PERMIT AN EMPLOYEE'S SALARY TO BE A  FACTOR  IN  ANY  DECISION
   34  REGARDING  WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
   35  ING SUCH POSITIONS SHALL BE LAID OFF;
   36    (C) ENSURE THAT HIGH QUALITY TEACHERS IN  HIGH-NEED  SCHOOLS  ARE  NOT
   37  LAID OFF AND THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE
   38  OF WORKFORCE REDUCTIONS IN THE EVENT OF LAYOFFS, PROVIDED HOWEVER, NOTH-
   39  ING SHALL PROHIBIT A DISTRICT FROM ABOLISHING ALL POSITIONS IN A LICENSE
   40  AREA.  FOR PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED
   41  AS A SCHOOL IN WHICH AT LEAST NINETY PERCENT OF  THE  ENROLLED  STUDENTS
   42  ARE ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM;
   43    (D)  FOR  POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS
   44  ARTICLE, ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL
   45  PROFESSIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
   46  SUCH SECTION THREE THOUSAND TWELVE-C AND ITS IMPLEMENTING REGULATIONS.
   47    S 2. Severability. If any clause, sentence, paragraph, section or part
   48  of this act shall be adjudged by any court of competent jurisdiction  to
   49  be  invalid  and  after  exhaustion  of all further judicial review, the
   50  judgment shall not affect, impair or invalidate the  remainder  thereof,
   51  but  shall  be  confined in its operation to the clause, sentence, para-
   52  graph, section or part of this act directly involved in the  controversy
   53  in which the judgment shall have been rendered.
   54    S 3. This act shall take effect immediately.