Bill Text: NY A07019 | 2013-2014 | General Assembly | Amended
Bill Title: Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-20 - print number 7019a [A07019 Detail]
Download: New_York-2013-A07019-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7019--A 2013-2014 Regular Sessions I N A S S E M B L Y April 29, 2013 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Govern- mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the civil service law, in relation to the calculation of seniority for purposes of layoffs or demotions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 80 of the civil service law is amended by adding a 2 new subdivision 1-f to read as follows: 3 1-F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS 4 SECTION, THE SWORN MEMBERS OF ANY POLICE AGENCY AS DEFINED IN SECTION 5 EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, OTHER THAN POLICE AGEN- 6 CIES REFERRED TO IN SUBDIVISIONS ONE-A THROUGH ONE-E OF THIS SECTION 7 SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE. WHERE, BECAUSE OF ECONOMY, 8 CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR 9 OTHERWISE, POSITIONS IN THE COMPETITIVE CLASS ARE ABOLISHED OR REDUCED 10 IN RANK OR SALARY GRADE, SUSPENSION OR DEMOTION, AS THE CASE MAY BE, 11 AMONG INCUMBENTS HOLDING THE SAME OR SIMILAR POSITIONS SHALL BE MADE IN 12 THE INVERSE ORDER OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE 13 GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION IN WHICH 14 SUCH ABOLITION OR REDUCTION OF POSITIONS OCCURS, SUBJECT TO THE 15 PROVISIONS OF SUBDIVISION SEVEN OF SECTION EIGHTY-FIVE OF THIS CHAPTER; 16 PROVIDED, HOWEVER, THAT THE DATE OF ORIGINAL APPOINTMENT OF ANY SUCH 17 INCUMBENT WHO WAS TRANSFERRED TO SUCH GOVERNMENTAL JURISDICTION FROM 18 ANOTHER GOVERNMENTAL JURISDICTION UPON THE TRANSFER OF FUNCTIONS SHALL 19 BE THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE CLASSI- 20 FIED SERVICE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION FROM WHICH 21 SUCH TRANSFER WAS MADE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10505-03-4 A. 7019--A 2 1 NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, HOWEVER, UPON THE 2 ABOLITION OR REDUCTION OF POSITIONS IN THE COMPETITIVE CLASS, INCUMBENTS 3 HOLDING THE SAME OR SIMILAR POSITIONS WHO HAVE NOT COMPLETED THEIR 4 PROBATIONARY SERVICES SHALL BE SUSPENDED OR DEMOTED, AS THE CASE MAY BE, 5 BEFORE ANY PERMANENT INCUMBENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES 6 THE ORDER OF SUSPENSION OR DEMOTION SHALL BE DETERMINED AS IF SUCH 7 EMPLOYEES WERE PERMANENT INCUMBENTS. 8 S 2. This act shall take effect immediately.