STATE OF NEW YORK
________________________________________________________________________
11241
IN ASSEMBLY
June 16, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of 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 provisional
employees of certain public employers; to amend chapter 5 of the laws
of 2008 amending the civil service law relating to provisional employ-
ees of certain public employers, in relation to extensions of certain
negotiated agreements and extending the provisions of such chapter;
and to amend part I of chapter 56 of the laws of 2008 amending the
civil service law relating to excess provisional employees of a city
having a population of one million or more, in relation to extending
the provisions thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Statement of legislative findings and intent. The legisla-
2 ture hereby finds that the city of New York and other employers for
3 which the New York city department of citywide administrative services
4 ("DCAS") manages civil service appointments ("the DCAS employers") have
5 made substantial progress in reducing the number of provisional appoint-
6 ments since the inception of the planning process created by chapter 5
7 of the laws of 2008. Through its implementation of automated systems for
8 processing civil service examinations and by increasing its staff of
9 professional examiners, DCAS has enhanced its capacity to administer
10 competitive examinations. These technological advancements, together
11 with DCAS's judicious administration of qualified incumbent examina-
12 tions, as authorized by chapter 467 of the laws of 2016, and the reclas-
13 sification of titles, as approved by the New York state civil service
14 commission, has led to a steady and continuing reduction in the total
15 number of provisional appointees in the New York city government work
16 force, and to a decrease in the number of those appointees who continue
17 in provisional status beyond the time limits set forth in section 65 of
18 the civil service law. The legislature finds that the constitutional
19 mandate of making appointments and promotions "according to merit and
20 fitness to be ascertained, as far as practicable, by examinations which,
21 as far as practicable, shall be competitive," would be furthered by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15982-04-8
A. 11241 2
1 maintaining, for an additional defined period, the orderly planning and
2 implementation process, including review by the state civil service
3 commission, originally established by that chapter and later extended by
4 chapter 284 of the laws of 2014 and by chapter 467 of the laws of 2016.
5 Despite the progress DCAS has made, the difficulties created by the
6 large number of affected titles and employees, and the potential opera-
7 tional and budgetary dislocation, as well as potential difficulties in
8 labor relations, that would be caused by rapid turnover in the many
9 remaining titles, require that DCAS continue to further the constitu-
10 tional mandate by the means authorized by chapter 467 of the laws of
11 2016. In particular, thousands of provisional employees have crucial
12 experience in implementing and directing key initiatives that benefit
13 the public. Therefore, in addition to the substantial regimen of compet-
14 itive testing that was contained in previous plans as well as proposed
15 reclassification of titles where appropriate, DCAS is authorized to
16 continue to administer an examination to provisional employees with
17 specified qualifications and experience. This examination, in the
18 context of the present plan, will facilitate lawful appointment of these
19 employees to permanent competitive class positions, and thereby acceler-
20 ate the transition of the DCAS employers to a system that does not
21 require substantial use of provisional appointments.
22 § 2. Subparagraph (ii) of paragraph (c-2) of subdivision 5 of section
23 65 of the civil service law, as added by chapter 467 of the laws of
24 2016, is amended to read as follows:
25 (ii) DCAS may administer a QIE only for those titles that are set
26 forth in section four of [the] chapter four hundred sixty-seven of the
27 laws of two thousand sixteen, or in section five of the chapter of the
28 laws of two thousand eighteen that [added] amended this [paragraph]
29 subparagraph.
30 § 3. Subdivision 5 of section 65 of the civil service law is amended
31 by adding a new paragraph (c-4) to read as follows:
32 (c-4) Additional plan revision for provisional employees. Within sixty
33 days after the effective date of this paragraph, the DCAS employers
34 shall be required to submit to the state commission for its approval a
35 single comprehensive revision of the plan prepared pursuant to paragraph
36 (b) of this subdivision, to be implemented by December thirty-first, two
37 thousand twenty-one, to further reduce the number of provisional
38 appointments that have continued beyond the periods otherwise permitted
39 by this section. Such revised plan may additionally contain any elements
40 or means of implementation authorized by paragraph (b) of this subdivi-
41 sion. The revised plan shall be supported by appropriate documentation
42 and explanation, and the information contained in the plan shall be
43 confirmed by the commissioner of DCAS as accurate to the best of his or
44 her knowledge, based on a reasonable inquiry by DCAS into the facts set
45 forth therein. Within sixty days of the submission of such plan, the
46 state commission shall approve the revised plan, with or without recom-
47 mended changes, or disapprove it. The approval process shall otherwise
48 conform to the timeframes and procedures set forth in paragraph (c) of
49 this subdivision. Notwithstanding any inconsistent provision of this
50 subdivision, this subdivision shall no longer be in force and effect if
51 no revised plan has been approved by the state commission within eigh-
52 teen months from the effective date of this paragraph.
53 § 4. Paragraphs (d), (f) and (g) of subdivision 5 of section 65 of the
54 civil service law, as amended by chapter 467 of the laws of 2016, are
55 amended to read as follows:
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1 (d) Modifications of the plan. During the course of implementing the
2 plan developed, approved and revised in accordance with paragraphs (b),
3 (c), (c-1) [and], (c-3) and (c-4) of this subdivision, if the DCAS
4 employers determine that there is a need to modify the plan, they shall
5 submit a request for modification of the plan to the state commission.
6 Such request shall detail the circumstances that have arisen necessitat-
7 ing the request, including but not limited to unforeseen demands upon
8 resources, unforeseen projected impacts upon the provision of public
9 services, or a finding that implementation of any part of the plan is
10 impracticable, unduly burdensome or otherwise likely to prevent the
11 successful implementation of the plan or any aspect thereof. The state
12 commission shall act upon the request for modification within sixty
13 days. The state commission may in its discretion approve the modifica-
14 tion, approve the modification with recommended changes, or disapprove
15 the modification; provided, however, that if the state commission takes
16 no action within such period, it shall be deemed to have approved the
17 modification, and provided further that if the changes recommended by
18 the state commission are not accepted by the DCAS employers within thir-
19 ty days, the modification shall be deemed disapproved. Notwithstanding
20 any inconsistent provision of this paragraph, where a modification is
21 insubstantial, and will not materially affect the ability of the DCAS
22 employers to reduce the number of provisional appointments in accordance
23 with paragraph (c-1) [or], (c-3) or (c-4), as applicable, of this subdi-
24 vision, DCAS may so certify and the modification may be implemented and
25 shall be filed by DCAS with the state commission within five business
26 days. In the event that a request for modification is disapproved, the
27 plan previously in effect shall remain in effect, provided that the DCAS
28 employers may at any time submit a new proposed modification. Any
29 modification approved pursuant to this paragraph may extend the duration
30 of a plan to a date no more than one year beyond the two-year period
31 authorized by paragraph (c-3) of this subdivision.
32 (f) Time limitation. Notwithstanding any inconsistent provision of
33 this chapter or any other law or rule to the contrary, the provisions of
34 subdivision two of this section shall not apply to DCAS employers upon
35 the effective date of chapter five of the laws of two thousand eight,
36 and during the timely submission, approval and implementation of a plan
37 in accordance with paragraphs (b), (c) and (e) of this subdivision, and
38 of revised plans in accordance with paragraphs (c-1) [and], (c-3) and
39 (c-4) of this subdivision. The provisions of subdivision two of this
40 section shall be applicable to any provisional employee serving in a
41 position for which an appropriate eligible list has been established
42 pursuant to such plan or revised plans, unless such list is not adequate
43 to fill all positions then held on a provisional basis or is exhausted
44 immediately following its establishment.
45 (g) Agreements governing disciplinary procedures. Notwithstanding any
46 inconsistent provision of this chapter or any other law or rule to the
47 contrary, any DCAS employer and an employee organization, as such term
48 is defined in article fourteen of this chapter, may enter into agree-
49 ments to provide disciplinary procedures applicable to provisional
50 appointees or categories thereof who have served for a period of twen-
51 ty-four months or more in a position which is covered by such an agree-
52 ment. No such provisional employee shall be deemed to be permanently
53 appointed under such circumstances, nor may such disciplinary procedures
54 be deemed to preclude removal of an employee as a result of the estab-
55 lishment of and appointments from an appropriate eligible list or in
56 accordance with any other provision of law. Any such agreement may apply
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1 upon the effective date of chapter five of the laws of two thousand
2 eight, and during the timely submission, approval and implementation of
3 a plan in accordance with paragraphs (b), (c) and (e) of this subdivi-
4 sion, and of revised plans in accordance with paragraphs (c-1) [and],
5 (c-3) and (c-4) of this subdivision, and shall not apply to any provi-
6 sional employee serving in a position for which an appropriate eligible
7 list has been established pursuant to a plan approved in accordance with
8 this subdivision unless such list is not adequate to fill all positions
9 then held on a provisional basis or is exhausted immediately following
10 its establishment.
11 § 5. Subdivision 5 of section 65 of the civil service law is amended
12 by adding a new paragraph (h) to read as follows:
13 (h) (i) If the DCAS employers are not in substantial compliance with
14 the time periods permitted by subdivisions one, two, three and four of
15 this section by December thirty-first, two thousand twenty-one, as set
16 forth in the report submitted by DCAS pursuant to subparagraph (ii) of
17 this paragraph, then an advisory workgroup for provisional appointments
18 in the city of New York ("advisory workgroup") shall be established. The
19 advisory workgroup shall consist of six members, one of whom shall be
20 appointed by the governor, one of whom shall be appointed by the speaker
21 of the assembly, one of whom shall be appointed by the temporary presi-
22 dent of the senate, two of whom shall be appointed by the mayor of the
23 city of New York, including one recommended by the citywide bargaining
24 representative, and one of whom shall be appointed by the commissioner
25 of the New York city department of citywide administrative services
26 (DCAS). The advisory workgroup shall be chaired by a member designated
27 by the mayor. The advisory workgroup shall submit to the governor, the
28 state legislature and the mayor a single recommended plan for the DCAS
29 employers to substantially comply with the time periods permitted by
30 subdivisions one, two, three and four of this section, to be adopted by
31 or pursuant to state legislation. For the purposes of this paragraph,
32 "substantial compliance" shall have the same meaning as provided in
33 paragraph (b) of this subdivision. Such recommended plan may include,
34 but shall not be limited to, a schedule for administration of examina-
35 tions and establishment of eligible lists, a determination of additional
36 appropriate existing or planned eligible lists that may be used, consol-
37 idation of titles through appropriate reclassification, and any other
38 lawful and appropriate means of implementation. The recommended plan
39 shall to the extent practicable be supported by appropriate documenta-
40 tion and explanation.
41 (ii) DCAS shall submit a progress report to the governor, speaker of
42 the assembly, temporary president of the senate and the mayor of the
43 city of New York no later than December thirty-first, two thousand twen-
44 ty. Such report shall contain numbers that are as current as practicable
45 and shall include the total number of provisional appointments remain-
46 ing, the number of provisional appointments that have been reduced, the
47 number of provisional appointments that still need to be reduced in
48 order to achieve substantial compliance as provided by paragraph (b) of
49 this subdivision, and a statement of whether DCAS believes substantial
50 compliance with the timeframes permitted by this section as provided by
51 paragraph (b) of this subdivision can be achieved by December thirty-
52 first, two thousand twenty-one.
53 § 6. The New York city department of citywide administrative services,
54 acting pursuant to paragraph (c-2) of subdivision 5 of section 65 of the
55 civil service law, as amended by section two of this act, may administer
56 qualified incumbent examinations, in addition to examinations authorized
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1 to be administered pursuant to chapter 467 of the laws of 2016, in
2 connection with appointment to the following titles:
3 10070 ADMINISTRATIVE BENEFITS MANAGER (TRANSIT AUTHORITY)
4 10054 ADMINISTRATIVE BLASTING INSPECTOR
5 10014 ADMINISTRATIVE CONSULTANT (EARLY CHILDHOOD EDUCATION)
6 10028 ADMINISTRATIVE NUTRITIONIST
7 10029 ADMINISTRATIVE PROBATION OFFICER
8 82997 ADMINISTRATIVE TRANSIT CUSTOMER SERVICE SPECIALIST
9 21215 ARCHITECT
10 91504 ASSISTANT CAPTAIN (FERRY SERVICE)
11 20210 ASSISTANT CIVIL ENGINEER
12 20310 ASSISTANT ELECTRICAL ENGINEER
13 20410 ASSISTANT MECHANICAL ENGINEER
14 71141 ASSOCIATE FINGERPRINT TECHNICIAN
15 22508 ASSOCIATE HOUSING DEVELOPMENT SPECIALIST
16 31640 ASSOCIATE INSPECTOR (BOILERS)
17 31644 ASSOCIATE INSPECTOR (ELEVATOR)
18 31647 ASSOCIATE INSPECTOR (HOISTS AND RIGGING)
19 31695 ASSOCIATE INSPECTOR (HOUSING CONSTRUCTION)
20 31676 ASSOCIATE INSPECTOR (LOW PRESSURE BOILERS)
21 31649 ASSOCIATE INSPECTOR (PLUMBING)
22 21514 ASSOCIATE LABORATORY MICROBIOLOGIST
23 34193 ASSOCIATE QUALITY ASSURANCE SPECIALIST (FUEL)
24 34196 ASSOCIATE QUALITY ASSURANCE SPECIALIST (PUPIL TRANSPORTATION)
25 80122 ASSOCIATE REAL PROPERTY MANAGER
26 31685 ASSOCIATE REHABILITATION SPECIALIST (HPD)
27 60866 ASSOCIATE TRANSIT CUSTOMER SERVICE SPECIALIST
28 92501 AUTO BODY WORKER
29 20130 AUTOMOTIVE SPECIALIST
30 92305 BLACKSMITH
31 92306 BLACKSMITH'S HELPER
32 90751 BOILER MAKER
33 91805 BRIDGE PAINTER
34 91510 CAPTAIN (FERRY)
35 92605 CAR MAINTAINER - GROUP B
36 91810 CAR MAINTAINER - GROUP C
37 90706 CARRIAGE UPHOLSTERER
38 30726 CLAIM SPECIALIST
39 91900 COLLECTION SUPERVISOR (REVENUE)
40 51014 CONSULTANT PUBLIC HEALTH NURSE (COMMUNICABLE DISEASES)
41 50310 DIETITIAN
42 40910 ECONOMIST
43 20302 ELECTRICAL ENGINEERING INTERN
44 20113 ENGINEERING TECHNICIAN
45 20123 ESTIMATOR (MECHANICAL)
46 81560 FERRY TERMINAL SUPERVISOR
47 71105 FINGERPRINT TECHNICIAN TRAINEE
48 90716 GLAZIER
49 91415 GRAPHIC ARTIST
50 81901 HOSTLER
51 33995 INSPECTOR (CONSUMER AFFAIRS)
52 31627 INSPECTOR (HOISTS AND RIGGING)
53 31690 INSPECTOR (HOUSING CONSTRUCTION)
54 31671 INSPECTOR (LOW PRESSURE BOILERS)
55 31629 INSPECTOR (PLUMBING)
56 31656 INSPECTOR MULTI DISCIPLINE
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1 3165A INSPECTOR MULTI DISCIPLINE ABI L211
2 91000 INSTRUMENTATION SPECIALIST TRAINEE
3 40235 INSURANCE ADVISOR
4 12752 LABOR RELATIONS ANALYST TRAINEE
5 21513 LABORATORY MICROBIOLOGIST
6 21306 LANDSCAPE ARCHITECTURAL INTERN
7 30081 LEGAL COORDINATOR
8 1022A LEGAL SECRETARIAL ASSISTANT AL 2-3-4 ONLY
9 91825 LETTERER AND SIGN PAINTER
10 90723 LOCKSMITH
11 91878 MAINTENANCE SUPERVISOR (ELEVATORS AND ESCALATORS)
12 91882 MAINTENANCE SUPERVISOR (POWER ELECTRONICS)
13 91883 MAINTENANCE SUPERVISOR (SIGNALS)
14 91886 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP A-CARPENTRY)
15 91888 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP C-IRON WORK)
16 91891 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP F-PAINTING)
17 91894 MAINTENANCE SUPERVISOR (TELEPHONES)
18 91544 MARINE ENGINEER (DC)
19 92587 MARINE MAINTENANCE MECHANIC
20 20403 MECHANICAL ENGINEERING INTERN
21 91225 METAL WORK MECHANIC
22 30505 MORTGAGE TAX EXAMINER
23 91210 MOTOR GRADER OPERATOR
24 91232 MOTOR VEHICLE SUPERVISOR
25 22401 MULTIPLE DWELLING SPECIALIST (BUILDINGS)
26 91237 OIL BURNER SPECIALIST
27 90610 PHOTOGRAPHER
28 91752 POWER ELECTRONIC MAINTAINER
29 91738 POWER MAINTAINER, GROUP B
30 71165 PRINCIPAL FINGERPRINT TECHNICIAN
31 22402 PRINCIPAL MULTIPLE DWELLING SPECIALIST (BUILDINGS)
32 92123 PRINTING PRESS OPERATOR
33 51800 PROBATION ASSISTANT
34 51801 PROBATION OFFICER TRAINEE
35 60621 PROGRAM PRODUCER
36 51195 PUBLIC HEALTH ADVISOR (SCHOOL HEALTH)
37 81805 PUBLIC HEALTH ASSISTANT
38 81815 PUBLIC HEALTH ASSISTANT (SCHOOL HEALTH)
39 34172 QUALITY ASSURANCE SPECIALIST (AUTOMOTIVE EQUIPMENT)
40 34176 QUALITY ASSURANCE SPECIALIST (FOODS)
41 34183 QUALITY ASSURANCE SPECIALIST (PUPIL TRANSPORTATION)
42 34170 QUALITY ASSURANCE SPECIALIST TRAINEE
43 80102 REAL PROPERTY ASSISTANT
44 90736 RUBBER TIRE REPAIRER
45 21538 SCIENTIST (WATER ECOLOGY)
46 20131 SENIOR AUTOMOTIVE SPECIALIST
47 51638 SENIOR CONSULTANT (PUBLIC HEALTH SOCIAL WORK)
48 51263 SENIOR MENTAL HEALTH WORKER
49 12176 SENIOR SALVAGE APPRAISER
50 51239 STAFF AUDIOLOGIST
51 91840 STRUCTURE MAINTAINER - GROUP F
52 91845 STRUCTURE MAINTAINER - GROUP G
53 92170 SUPERVISING BOOKBINDER
54 81660 SUPERVISING DOCKMASTER
55 51196 SUPERVISING PUBLIC HEALTH ADVISOR (SCHOOL HEALTH)
56 51193 SUPERVISING PUBLIC HEALTH ADVISOR
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1 90776 SUPERVISOR BOILER MAKER
2 91871 SUPERVISOR BRIDGE PAINTER
3 90778 SUPERVISOR GLAZIER
4 92376 SUPERVISOR OF IRONWORK
5 21015 SURVEYOR
6 91215 TRACTOR OPERATOR
7 31715 TRAFFIC CONTROL INSPECTOR
8 13116 TRANSIT MANAGEMENT ANALYST TRAINEE
9 20822 TRANSIT RAILCAR TECHNOLOGY SPECIALIST (OPERATIONS)
10 20820 TRANSIT RAILCAR TECHNOLOGY SPECIALIST INTERN
11 92355 WELDER
12 91611 CRANE OPERATOR (ANY MOTIVE POWER EXCEPT STEAM)
13 § 7. Sections 3 and 5 of chapter 5 of the laws of 2008, amending the
14 civil service law relating to provisional employees of certain public
15 employers, as amended by chapter 467 of the laws of 2016, are amended to
16 read as follows:
17 § 3. Any agreement or extension thereof entered into pursuant to para-
18 graph (g) of subdivision 5 of section 65 of the civil service law, as
19 added by section two of this act and subsequently amended in 2014 [and],
20 2016 and 2018, may include protections for provisional employees who
21 were covered, prior to the effective date of this act, by agreements
22 similar to those authorized by such paragraph. Any agreement or exten-
23 sion thereof entered into pursuant to such paragraph may include, but
24 shall not be limited to, the appropriate arbitration, adjudication or
25 other disposition of disciplinary or other matters concerning provi-
26 sional employees that were pending on the effective date of this act.
27 § 5. This act shall take effect immediately, and shall expire December
28 31, [2018] 2021 when upon such date the provisions of this act shall be
29 deemed repealed.
30 § 8. Section 2 of part I of chapter 56 of the laws of 2008, amending
31 the civil service law relating to excess provisional employees of a city
32 having a population of one million or more, as amended by chapter 467 of
33 the laws of 2016, is amended to read as follows:
34 § 2. This act shall take effect immediately and shall expire and be
35 deemed repealed December 31, [2018] 2021.
36 § 9. If any section, subdivision, paragraph, clause, sentence, phrase
37 or other portion of this act is, for any reason, declared unconstitu-
38 tional or invalid, in whole or in part, by any court of competent juris-
39 diction, such portion shall be deemed severable, and such unconstitu-
40 tionality or invalidity shall not affect the validity of the remaining
41 portions of this act, which remaining portions shall continue in full
42 force and effect.
43 § 10. This act shall take effect immediately; provided, however, that
44 the amendments to subdivision 5 of section 65 of the civil service law
45 made by sections two, three, four and five of this act shall not affect
46 the repeal of such subdivision and shall be deemed repealed therewith;
47 and provided further that the amendments to section 3 of chapter 5 of
48 the laws of 2008 made by section seven of this act shall not affect the
49 repeal of such section and shall be deemed repealed therewith; and
50 provided further that eligible lists and appointments resulting from the
51 qualified incumbent examinations administered pursuant to paragraph
52 (c-2) of subdivision 5 of section 65 of the civil service law, as
53 amended by section two of this act, shall not be affected by the expira-
54 tion and repeal of such subdivision.