Bill Text: NY A06574 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to suspension or demotion upon the abolition or reduction of positions for labor class and noncompetitive titles.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2014-01-13 - committed to governmental employees [A06574 Detail]
Download: New_York-2013-A06574-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6574
2013-2014 Regular Sessions
I N A S S E M B L Y
April 10, 2013
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law and the public authorities law, in
relation to suspension or demotion upon the abolition or reduction of
positions for labor class and noncompetitive titles; and to repeal
section 80-a of the civil service law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1, 1-a, 1-b, 1-c, 2, 6, 7 and 9 of section 80
2 of the civil service law, subdivision 1 as amended and subdivisions 6
3 and 7 as added by chapter 283 of the laws of 1972, subdivision 1-a as
4 added by chapter 312 of the laws of 1976, subdivision 1-b as added by
5 chapter 653 of the laws of 1978, subdivision 1-c as added by chapter 334
6 of the laws of 1994, subdivision 2 as amended by chapter 376 of the laws
7 of 1977, subdivisions 6 and 7 as renumbered by chapter 360 of the laws
8 of 1985, and subdivision 9 as added by chapter 470 of the laws of 1988,
9 are amended to read as follows:
10 1. Suspension or demotion. Where, because of economy, consolidation or
11 abolition of functions, curtailment of activities or otherwise, posi-
12 tions in the competitive, NONCOMPETITIVE, OR LABOR class are abolished
13 or reduced in rank or salary grade, suspension or demotion, as the case
14 may be, among incumbents holding the same or similar positions shall be
15 made in the inverse order of original appointment on a permanent basis
16 in the classified service in the service of the governmental jurisdic-
17 tion in which such abolition or reduction of positions occurs, subject
18 to the provisions of subdivision seven of section eighty-five of this
19 chapter; provided, however, that the date of original appointment of any
20 such incumbent who was transferred to such governmental jurisdiction
21 from another governmental jurisdiction upon the transfer of functions
22 shall be the date of original appointment on a permanent basis in the
23 classified service in the service of the governmental jurisdiction from
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08044-01-3
A. 6574 2
1 which such transfer was made. Notwithstanding the provisions of this
2 subdivision, however, upon the abolition or reduction of positions in
3 the competitive, NONCOMPETITIVE OR LABOR class, incumbents holding the
4 same or similar positions who have not completed their probationary
5 service shall be suspended or demoted, as the case may be, before any
6 permanent incumbents, and among such probationary employees the order of
7 suspension or demotion shall be determined as if such employees were
8 permanent incumbents.
9 1-a. Notwithstanding the provisions of subdivision one of this
10 section, the members of a police or paid fire department in the city of
11 Buffalo shall be subject to the following procedure. Where, because of
12 economy, consolidation or abolition of functions, curtailment of activ-
13 ities or otherwise, positions in the competitive, NONCOMPETITIVE OR
14 LABOR class are abolished or reduced in rank or salary grade, suspension
15 or demotion, as the case may be, among incumbents holding the same or
16 similar positions shall be made in the inverse order of original
17 appointment on a permanent basis in the grade or title in the service of
18 the governmental jurisdiction in which such abolition or reduction of
19 positions occurs, subject to the provisions of subdivision seven of
20 section eighty-five of this chapter. Notwithstanding the provisions of
21 this subdivision, however, upon the abolition or reduction of positions
22 in the competitive class, incumbents holding the same or similar posi-
23 tions who have not completed their probationary service shall be
24 suspended or demoted, as the case may be, before any permanent incum-
25 bents, and among such probationary employees the order of suspension or
26 demotion shall be determined as if such employees were permanent incum-
27 bents.
28 1-b. Notwithstanding the provisions of subdivision one of this
29 section, employees of secure detention facilities in the city of New
30 York and of the alternatives to secure detention facilities program in
31 such city who are performing functions which were assumed by the depart-
32 ment of social services of the city of New York on the tenth day of
33 November, nineteen hundred seventy-one and who, upon such assumption
34 were transferred to said department, shall be subject to the following
35 procedure. Where, because of economy, consolidation or abolition of
36 function, curtailment of activities or otherwise, positions in the
37 competitive, NONCOMPETITIVE OR LABOR class are abolished, or reduced in
38 rank or salary grade, suspension or demotion, as the case may be, among
39 incumbents holding the same or similar positions shall be made in the
40 inverse order of original appointment on a permanent basis in the clas-
41 sified service in the service of the governmental jurisdiction in which
42 such abolition or reduction of positions occurs, subject to the
43 provisions of subdivision seven of section eighty-five of this chapter;
44 provided, however, that if any person so employed and so transferred was
45 employed on a permanent basis in such a facility or such program prior
46 to the thirtieth day of December, nineteen hundred sixty-seven, for
47 purposes of this subdivision regarding priority of retention and for no
48 other purpose, the date of original appointment of any such person shall
49 be deemed to be the date such permanent employment commenced prior to
50 the said thirtieth day of December, nineteen hundred sixty-seven.
51 1-c. Notwithstanding the provisions of subdivision one of this
52 section, sworn employees of the Monroe county sheriff's department shall
53 be subject to the following procedure. Where, because of economy,
54 consolidation or abolition of function, curtailment of activities or
55 otherwise, positions in the competitive, NONCOMPETITIVE OR LABOR class
56 are abolished, or reduced in rank or salary grade, suspension or
A. 6574 3
1 demotion, as the case may be, among incumbents holding the same or simi-
2 lar positions shall be made in the inverse order of original appointment
3 on a permanent basis in the grade or title in the service of the govern-
4 mental jurisdiction in which such abolition or reduction of positions
5 occurs, subject to the provisions of subdivision seven of section eight-
6 y-five of this chapter; provided, however, that if any person so
7 employed was employed in such person's current title prior to the first
8 day of April, nineteen hundred ninety-three, for purposes of this subdi-
9 vision regarding priority of retention and for no other purpose, the
10 date of original appointment of any such person shall be deemed to be
11 the date such employment commenced prior to the said first day of April,
12 nineteen hundred ninety-three.
13 2. Continuous service. Except as otherwise provided herein, for the
14 purposes of this section the original appointment of an incumbent shall
15 mean the date of his first appointment on a permanent basis in the clas-
16 sified service followed by continuous service in the classified service
17 on a permanent basis up to the time of the abolition or reduction of the
18 competitive, NONCOMPETITIVE OR LABOR class positions. An employee who
19 has resigned and who has been reinstated or reappointed in the service
20 within one year thereafter shall, for the purposes of this section, be
21 deemed to have continuous service. An employee who has been terminated
22 because of a disability resulting from occupational injury or disease as
23 defined in the workmen's compensation law and who has been reinstated or
24 reappointed in the service thereafter shall be deemed to have continuous
25 service. A period of employment on a temporary or provisional basis, or
26 in the unclassified service, immediately preceded and followed by perma-
27 nent service in the classified service, shall not constitute an inter-
28 ruption of continuous service for the purposes of this section; nor
29 shall a period of leave of absence without pay pursuant to law or the
30 rules of the civil service commission having jurisdiction, or any period
31 during which an employee is suspended from his position pursuant to this
32 section, constitute an interruption of continuous service for the
33 purposes of this section.
34 6. Displacement in civil divisions. A permanent incumbent of a posi-
35 tion in a civil division in a specific title to which there is a direct
36 line of promotion who is suspended or displaced pursuant to this
37 section, together with all other such incumbents suspended or displaced
38 at the same time, shall displace, in the inverse order of the order of
39 suspension or demotion prescribed in subdivisions one and two of this
40 section, incumbents serving in positions in the same lay-off unit in the
41 next lower occupied title in direct line of promotion who shall be
42 displaced in the order of suspension or demotion prescribed in subdivi-
43 sions one and two of this section; provided, however, that no incumbent
44 shall displace any other incumbent having greater retention standing. If
45 a permanent incumbent of a position in a civil division is suspended or
46 displaced from a position in a title for which there are no lower level
47 occupied positions in direct line of promotion, he shall displace the
48 incumbent with the least retention right pursuant to subdivisions one
49 and two of this section who is serving in a position in the title in
50 which the displacing incumbent last served on a permanent basis prior to
51 service in one or more positions in the title from which he is suspended
52 or displaced, if: (1) the service of the displacing incumbent while in
53 such former title was satisfactory and (2) the position of the junior
54 incumbent is in (a) the competitive, NONCOMPETITIVE OR LABOR class, (b)
55 the layoff unit from which the displacing incumbent was suspended or
56 displaced, and (c) a lower salary grade than the position from which the
A. 6574 4
1 displacing incumbent is suspended or displaced; provided, however, that
2 no incumbent shall displace any other incumbent having greater retention
3 standing. Refusal of appointment to a position afforded by this subdivi-
4 sion constitutes waiver of rights under this subdivision with respect to
5 the suspension or displacement on account of which the refused appoint-
6 ment is afforded. The municipal civil service commission shall promul-
7 gate rules to implement this subdivision including rules which may
8 provide adjunctive opportunities for displacement either to positions in
9 direct line of promotion or to formerly held positions; provided, howev-
10 er, that no such rule shall permit an incumbent to displace any other
11 incumbent having greater retention standing. For the purpose of acquir-
12 ing preferred list rights, displacement pursuant to this subdivision is
13 the equivalent of suspension or demotion pursuant to subdivision one of
14 this section.
15 7. Displacement in the state service. A permanent incumbent of a posi-
16 tion in the state service in a specific title to which there is a direct
17 line of promotion who is suspended or displaced pursuant to this
18 section, together with all other such incumbents suspended or displaced
19 at the same time, shall displace, in the inverse order of the order of
20 suspension or demotion prescribed in subdivisions one and two of this
21 section, incumbents serving in positions in the same layoff unit in the
22 next lower occupied title in direct line of promotion who shall be
23 displaced in the order of suspension or demotion prescribed in subdivi-
24 sions one and two of this section; provided, however, that no incumbent
25 shall displace any other incumbent having greater retention standing. If
26 a permanent incumbent of a position in the state service is suspended or
27 displaced from a position in a title for which there are no lower level
28 occupied positions in direct line of promotion, he shall displace the
29 incumbent with the least retention right pursuant to subdivisions one
30 and two of this section who is serving in a position in the title in
31 which the displacing incumbent last served on a permanent basis prior to
32 service in one or more positions in the title from which he is suspended
33 or displaced, if: (1) the service of the displacing incumbent while in
34 such former title was satisfactory and (2) the position of the junior
35 incumbent is in (a) the competitive, NONCOMPETITIVE OR LABOR class, (b)
36 the layoff unit from which the displacing incumbent was suspended or
37 displaced, and (c) a lower salary grade than the position from which the
38 displacing incumbent is suspended or displaced; provided, however, that
39 no incumbent shall displace any other incumbent having greater retention
40 standing. Refusal of appointment to a position afforded by this subdivi-
41 sion constitutes waiver of rights under this subdivision with respect to
42 the suspension or displacement on account of which the refused appoint-
43 ment is afforded. The state civil service commission shall promulgate
44 rules to implement this subdivision including rules which may provide
45 adjunctive opportunities for displacement either to positions in direct
46 line of promotion or to formerly held positions; provided, however, that
47 no such rule shall permit an incumbent to displace any other incumbent
48 having greater retention standing. For the purpose of acquiring
49 preferred list rights, displacement pursuant to this subdivision is the
50 equivalent of suspension or demotion pursuant to subdivision one of this
51 section.
52 9. Certain suspensions or demotions in the city of Niagara Falls.
53 Notwithstanding the provisions of subdivision one of this section, the
54 members of a paid fire department in the city of Niagara Falls shall be
55 subject to the following procedure. Where, because of economy, consol-
56 idation or abolition of functions, curtailment of activities or other-
A. 6574 5
1 wise, positions in the competitive class are abolished or reduced in
2 rank or salary grade, suspension or demotion, as the case may be, among
3 incumbents holding the same or similar positions shall be made in the
4 inverse order of original appointment on a permanent basis in the grade
5 or title in the service of the governmental jurisdiction in which such
6 abolition or reduction of positions occurs, subject to the provisions of
7 subdivision seven of section eighty-five of this chapter. Notwithstand-
8 ing the provisions of this subdivision, however, upon the abolition or
9 reduction of positions in the competitive, NONCOMPETITIVE OR LABOR
10 class, incumbents holding the same or similar positions who have not
11 completed their probationary service shall be suspended or demoted, as
12 the case may be, before any permanent incumbents, and among such proba-
13 tionary employees the order of suspension or demotion shall be deter-
14 mined as if such employees were permanent incumbents.
15 S 2. Section 80-a of the civil service law is REPEALED.
16 S 3. Subdivisions 2 and 4 of section 78 of the civil service law, as
17 added by chapter 29 of the laws of 1996, are amended to read as follows:
18 2. Order of certification of names from transfer list. a. The names of
19 persons on a transfer list established to fill vacancies in the same
20 position or a position in a lower grade in line of promotion shall be
21 certified therefrom in the order of their original appointments, in
22 accordance with the provisions of subdivision three of section eighty[,
23 subdivision three of section eighty-a] and subdivision seven of section
24 eighty-five of this chapter.
25 b. The names of persons on a transfer list established to fill vacan-
26 cies in a comparable position shall be certified therefrom with equal
27 ranking for appointment.
28 4. Relative seniority. Where a preferred list exists containing the
29 names of persons who have been suspended or demoted from a position in
30 the same title to which an appointment is to be made, the relative
31 seniority, determined in accordance with the provisions of subdivision
32 three of section eighty[, subdivision three of section eighty-a] and
33 subdivision seven of section eighty-five of this chapter, of the person
34 certified first on such preferred list willing to accept appointment and
35 the person certified first on the transfer list willing to accept
36 appointment shall be compared and the person with the greater seniority
37 shall be certified first.
38 S 4. Paragraphs a, b and e of subdivision 1 of section 79 of the civil
39 service law, as added by chapter 315 of the laws of 1995, are amended to
40 read as follows:
41 a. Where, and to the extent that, an agreement between the state and
42 an employee organization entered into pursuant to article fourteen of
43 this chapter so provides, upon notification to the department that an
44 employee in the state service is to be suspended or demoted in accord-
45 ance with the provisions of section eighty [or eighty-a] of this article
46 by reason of the state's exercise of its right to contract out for goods
47 and services, and receipt of the information required pursuant to
48 section eighty-one-a of this article for purposes of establishing reem-
49 ployment rosters, at least ninety days prior to the suspension or
50 demotion of an affected employee, the department shall place the name of
51 the employee upon a redeployment list. Such redeployment list shall be
52 certified for filling positions in the same title or in any comparable
53 title, as determined by the department, before certification is made
54 from any other eligible list, placement roster, reemployment roster or
55 preferred list. The director of state operations is authorized to rede-
56 ploy such employees to positions in appointing authorities of the execu-
A. 6574 6
1 tive branch. The department may extend the right to be placed on a rede-
2 ployment list, in accordance with the provisions of this section, to
3 employees not subject to the provisions of such agreement.
4 b. Orders of certification of names from a redeployment list. The
5 names of persons on a redeployment list shall be certified therefrom for
6 appointment in the order of their original appointments, in accordance
7 with the provisions of subdivision three of section eighty [and subdivi-
8 sion three of section eighty-a] of this article.
9 e. Termination of eligibility for appointment. Eligibility for
10 appointment of an employee whose name appears on a redeployment list
11 shall terminate at such time as the employee is redeployed pursuant to
12 the provisions of this section to a position in the same salary grade as
13 the position from which he or she has been suspended or demoted, or has
14 exercised his or her reemployment rights pursuant to the provisions of
15 section eighty-one or eighty-one-a of this article, provided, however,
16 that eligibility for appointment shall terminate no later than six
17 months following the suspension or demotion of such employee in accord-
18 ance with the provisions of section eighty [or eighty-a] of this arti-
19 cle. Upon such employee's suspension or demotion, the department shall
20 place the name of such employee upon a preferred list, and a reemploy-
21 ment roster, as appropriate, in accordance with the provisions of
22 sections eighty-one and [eight-one-a] EIGHTY-ONE-A of this article.
23 S 5. Subdivision 1 of section 81 of the civil service law, as amended
24 by chapter 152 of the laws of 2011, is amended to read as follows:
25 1. Establishment of preferred lists; general provisions. The head of
26 any department, office or institution in which an employee is suspended
27 or demoted in accordance with the provisions of [sections] SECTION
28 eighty [and eighty-a] of this title shall, upon such suspension or
29 demotion, furnish the state civil service department or appropriate
30 municipal commission, as the case may be, a statement showing his name,
31 title or position, date of appointment, and the date of and reason for
32 suspension or demotion. It shall be the duty of such civil service
33 department or commission, as the case may be, forthwith to place the
34 name of such employee upon a preferred list, together with others who
35 may have been suspended or demoted from the same or similar positions in
36 the same jurisdictional class, and to certify such list, as hereinafter
37 provided, for filling vacancies in the same jurisdictional class; first,
38 in the same or similar position; second, in any position in a lower
39 grade in line of promotion; and third, in any comparable position. Such
40 preferred list shall be certified for filling a vacancy in any such
41 position before certification is made from any other list, including a
42 promotion eligible list, notwithstanding the fact that none of the
43 persons on such preferred list was suspended from or demoted in the
44 department or suspension and demotion unit in which such vacancy exists.
45 No other name shall be certified from any other list for any such posi-
46 tion until such preferred list is exhausted. The eligibility for rein-
47 statement of a person whose name appears on any such preferred list
48 shall not continue for a period longer than four years from the date of
49 separation or demotion. An employee whose name was placed on the
50 preferred list and at the time of such placement was on active duty with
51 the armed forces of the United States, as pursuant to title ten, four-
52 teen or thirty-two of the United States code, shall not be eligible for
53 employment reinstatement for a period longer than four years after the
54 date of termination of military duty.
55 S 6. Subdivisions 1 and 5 of section 81-a of the civil service law,
56 subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi-
A. 6574 7
1 sion 5 as added by chapter 239 of the laws of 1992, are amended to read
2 as follows:
3 1. Establishment of reemployment rosters in the state service; general
4 provisions. The head of any department, office or institution from which
5 an employee in the state service is to be suspended or demoted in
6 accordance with the provisions of section eighty [or eighty-a] of this
7 article, shall, at least twenty days prior to such suspension or
8 demotion, furnish the state civil service department with a statement
9 showing such employee's name, title or position, date of appointment,
10 and the date of and reason for suspension or demotion. Upon such employ-
11 ee's suspension or demotion, it shall be the duty of the department to
12 place the name of such employee upon a reemployment roster for filling
13 vacancies in any comparable position as determined by the department,
14 except that employees suspended or demoted from positions in the non-
15 competitive and labor classes may not be certified to fill vacancies in
16 the competitive class. Such reemployment roster shall be certified for
17 filling a vacancy in any such position before certification is made from
18 any other list, including a promotion eligible list, but not prior to a
19 preferred list. Eligibility for reinstatement of a person whose name
20 appears on any such reemployment roster shall not continue for a period
21 longer than four years from the date of suspension or demotion provided,
22 however, in no event shall eligibility for reinstatement from a reem-
23 ployment roster continue once the person is no longer eligible for rein-
24 statement from a preferred list.
25 5. Notwithstanding any other provision of this chapter, the department
26 may disqualify for reinstatement and remove from a reemployment roster
27 the name of any otherwise eligible person who, by reason of physical or
28 mental incapacity, is found to be unable to satisfactorily perform the
29 duties of the position for which such roster has been established, or
30 who has engaged in such misconduct as would warrant his or her dismissal
31 from public employment, except that a person who is not completely phys-
32 ically incapacitated and who is suspended or demoted pursuant to section
33 eighty [or eighty-a] of this article because his or her position has
34 been abolished or reduced, but who is certified for reinstatement to any
35 position having the same physical requirements as the position from
36 which such person was suspended or demoted, shall not be disqualified
37 because of his or her incapacity, unless upon medical examination his or
38 her incapacity has worsened to a degree that he or she would not be able
39 to satisfactorily perform in such position. No person shall be disquali-
40 fied pursuant to this subdivision unless he or she is first given a
41 written statement of the reasons therefor and an opportunity to be heard
42 at a hearing at which satisfactory proof of such reasons must be estab-
43 lished by appropriate evidence, and at which such person may present
44 independent evidence and be entitled to representation by counsel. The
45 department shall designate a person to hold such hearing and report
46 thereon.
47 S 7. Subdivision 1 of section 81-b of the civil service law, as
48 amended by chapter 140 of the laws of 1993, is amended to read as
49 follows:
50 1. Establishment of placement rosters in the state service; general
51 provisions. The head of any department, office or institution from
52 which an employee in the state service is to be suspended or demoted in
53 accordance with the provisions of section eighty [or eighty-a] of this
54 article, shall, no later than the date on which he or she furnishes the
55 state civil service department with the employee information required
56 pursuant to section eighty-one-a of this article for purposes of estab-
A. 6574 8
1 lishing reemployment rosters, furnish the state civil service department
2 with a statement showing such employee's name, title or position, date
3 of appointment, and the anticipated date of and reason for suspension or
4 demotion. Upon receiving such information, it shall be the duty of the
5 department forthwith to place the name of such employee upon a placement
6 roster for filling vacancies in the same title or in any comparable
7 position as determined by the department, except that employees
8 suspended or demoted from positions in the non-competitive and labor
9 classes may not be certified to fill vacancies in the competitive class.
10 Such placement roster shall be certified for filling a vacancy in any
11 such position before certification is made from any other list, includ-
12 ing a promotion eligible list, but not prior to a preferred list or a
13 reemployment roster. Eligibility for appointment of an employee whose
14 name appears on any such placement roster shall terminate at such time
15 as the employee is suspended or demoted in accordance with the
16 provisions of section eighty [or eighty-a] of this article. Upon such
17 employee's suspension or demotion, the department shall place the name
18 of such employee upon a preferred list, and a reemployment roster as
19 appropriate, in accordance with the provisions of sections eighty-one
20 and eighty-one-a of this article.
21 S 8. Subdivision 7 of section 85 of the civil service law, as amended
22 by chapter 532 of the laws of 1976, is amended to read as follows:
23 7. Preference in retention upon the abolition of positions. In the
24 event of the abolition or elimination of any position in the civil
25 service [for which eligible lists are established or any position the
26 incumbent of which is encompassed by section eighty-a of this chapter],
27 any suspension, demotion or displacement shall be made in the inverse
28 order of the date of original appointment in the service subject to the
29 following conditions: (1) blind employees shall be granted absolute
30 preference in retention; (2) the date of such original appointment for
31 disabled veterans shall be deemed to be sixty months earlier than the
32 actual date, determined in accordance with section thirty of the general
33 construction law; (3) the date of such original appointment for non-dis-
34 abled veterans shall be deemed to be thirty months earlier than the
35 actual date, determined in accordance with section thirty of the general
36 construction law; (4) no permanent competitive class employee subject to
37 the jurisdiction of the civil service commission of the city of New York
38 who receives an injury in the line of duty, as defined in this para-
39 graph, which requires immediate hospitalization, and which is not
40 compensable through workmen's compensation may be suspended, demoted or
41 displaced pursuant to section eighty of this chapter within three months
42 of the date of his confinement, provided that medical authorities
43 approved by such commission shall certify that the employee is not able
44 to perform the duties of his position; provided further, that such
45 three-month period may be extended by such commission for additional
46 periods not to exceed one year each upon the certification of medical
47 authorities selected by such commission that the employee is, as a
48 result of his injury, still not able to perform the duties of his posi-
49 tion. An injury in the line of duty, as used herein, shall be construed
50 to mean an injury which is incurred as a direct result of the lawful
51 performance of the duties of the position. In determining whether an
52 injury was received in the line of duty, such commission shall require
53 the head of the agency by which the employee is employed to certify that
54 the injury was received as a direct result of the lawful performance of
55 the employee's duties; and (5) the spouse of a veteran with one hundred
56 percent service connected disability shall be deemed to be sixty months
A. 6574 9
1 earlier than the actual date, determined in accordance with section
2 thirty of the general construction law, provided, the spouse is domi-
3 ciled with the veteran-spouse and is the head of the household. This
4 section shall not be construed as conferring any additional benefit upon
5 such employee other than a preference in retention. Such employee shall
6 be subject to transfer upon the abolition of his function within his
7 agency or department.
8 S 9. Section 86 of the civil service law, as amended by chapter 283 of
9 the laws of 1972, is amended to read as follows:
10 S 86. Transfer of veterans or exempt volunteer firemen upon abolition
11 of positions. If the position in the non-competitive or in the labor
12 class held by any honorably discharged veteran of the armed forces of
13 the United States who served therein in time of war as defined in
14 section eighty-five of this [chapter] ARTICLE, or by an exempt volunteer
15 fireman as defined in the general municipal law, shall become unneces-
16 sary or be abolished for reasons of economy or otherwise, the honorably
17 discharged veteran or exempt volunteer fireman holding such position
18 shall not be discharged from the public service but shall be transferred
19 to a similar position wherein a vacancy exists, and shall receive the
20 same compensation therein. It is hereby made the duty of all persons
21 clothed with the power of appointment to make such transfer effective.
22 The right to transfer herein conferred shall continue for a period of
23 one year following the date of abolition of the position, and may be
24 exercised only where a vacancy exists in an appropriate position to
25 which transfer may be made at the time of demand for transfer. Where
26 the positions of more than one such veteran or exempt volunteer fireman
27 are abolished and a lesser number of vacancies in similar positions
28 exist to which transfer may be made, the veterans or exempt volunteer
29 firemen whose positions are abolished shall be entitled to transfer to
30 such vacancies in the order of their original appointment in the
31 service. Nothing in this section shall be construed to apply to the
32 position of private secretary, cashier or deputy of any official or
33 department. [This section shall have no application to persons encom-
34 passed by section eighty-a of this chapter.]
35 S 10. Paragraph (a) of subdivision 3 of section 131 of the civil
36 service law, as amended by chapter 733 of the laws of 1979, is amended
37 to read as follows:
38 (a) If such an employee is demoted, or displaced to a position in a
39 lower grade pursuant to [sections] SECTION eighty [or eighty-a] of this
40 chapter, or is appointed, transferred or reinstated to a position in a
41 lower grade, he shall, upon such demotion, displacement, appointment,
42 transfer, or reinstatement, receive the rate of compensation which
43 corresponds with the number of annual increments and the percentage
44 value of performance advances actually received in the salary grades
45 from which and to which he is demoted, displaced, appointed, transferred
46 or reinstated, as the case may be.
47 S 11. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
48 13 of section 3556 of the public authorities law, as added by chapter 5
49 of the laws of 1997, are amended to read as follows:
50 (e) Notwithstanding any other provision of this title, the corporation
51 may disqualify for reinstatement and remove from a reemployment roster
52 the name of any otherwise eligible person who, by reason of physical or
53 mental incapacity, is found to be unable to satisfactorily perform the
54 duties of the position for which such roster has been established, or
55 who has engaged in such misconduct as would warrant his or her dismissal
56 from public employment, except that a person who is not completely phys-
A. 6574 10
1 ically incapacitated and who is suspended or demoted pursuant to section
2 eighty [or eighty-a] of the civil service law because his or her posi-
3 tion has been abolished or reduced, but who is certified for rein-
4 statement to any position having the same physical requirements as the
5 position from which such person was suspended or demoted, shall not be
6 disqualified because of his or her incapacity, unless upon medical exam-
7 ination his or her incapacity has worsened to a degree that he or she
8 would not be able to satisfactorily perform in such position. No person
9 shall be disqualified pursuant to this subdivision unless he or she is
10 first given a written statement of the reasons therefor and an opportu-
11 nity to be heard at a hearing at which satisfactory proof of such
12 reasons must be established by appropriate evidence, and at which such
13 person may present independent evidence and be entitled to represen-
14 tation by counsel. The corporation shall designate a person to hold such
15 hearing and report thereon.
16 (f) Eligibility for appointment of an employee whose name appears on a
17 redeployment list shall terminate at such time as the employee is rede-
18 ployed pursuant to the provisions of this section to a position in the
19 same salary grade as the position from which he or she has been
20 suspended or demoted, or has exercised his or her reemployment rights
21 pursuant to the provisions of section eighty-one or eighty-one-a of the
22 civil service law, provided, however, that eligibility for appointment
23 shall terminate no later than six months following the suspension or
24 demotion of such employee in accordance with the provisions of section
25 eighty [or eighty-a] of the civil service law. Upon such employee's
26 suspension or demotion, the corporation shall place the name of such
27 employee upon a preferred list, and a reemployment roster, as appropri-
28 ate, in accordance with the provisions of subdivision eight of this
29 section.
30 S 12. This act shall take effect immediately.
