Bill Text: NY A07019 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7019
                              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
       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-e to read as follows:
    3    1-E.  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-D  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.
   22    NOTWITHSTANDING  THE PROVISIONS OF THIS SUBDIVISION, HOWEVER, UPON THE
   23  ABOLITION OR REDUCTION OF POSITIONS IN THE COMPETITIVE CLASS, INCUMBENTS
   24  HOLDING THE SAME OR SIMILAR  POSITIONS  WHO  HAVE  NOT  COMPLETED  THEIR
   25  PROBATIONARY SERVICES SHALL BE SUSPENDED OR DEMOTED, AS THE CASE MAY BE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10505-01-3
       A. 7019                             2
    1  BEFORE  ANY  PERMANENT INCUMBENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES
    2  THE ORDER OF SUSPENSION OR DEMOTION  SHALL  BE  DETERMINED  AS  IF  SUCH
    3  EMPLOYEES WERE PERMANENT INCUMBENTS.
    4    S 2. This act shall take effect immediately.