Bill Text: NY S01271 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 1271 (Prior Session Legislation)

Introduced

Bill Title: Provides that all affirmative action officers and administrators employed by the state shall be in competitive classified positions; directs the department of civil service to establish qualifications and examinations for employment and promotion in the affirmative action classification; provides that such officers and administrators shall report directly to their agency head; provides for annual affirmative action continuing education; requires every state agency employing 100 or more employees to employ a full-time affirmative action officer or administrator; requires agency affirmative action officers and administrators to appoint deputies, who shall participate in all interviews and determinations relating to the recruitment, appointment and promotion of employees in classified positions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S01271 Detail]

Download: New_York-2013-S01271-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1271
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       AN ACT to amend the civil service law, in relation to requiring  certain
         state  agencies to employ a competitive class affirmative action offi-
         cer or administrator
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Article 2 of the civil service law is amended by adding a
    2  new title A-1 to read as follows:
    3                                  TITLE A-1
    4                      STATE AFFIRMATIVE ACTION OFFICERS
    5                             AND ADMINISTRATORS
    6  SECTION 12.   DEFINITION.
    7          12-A. AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS.
    8    S 12. DEFINITION. FOR THE PURPOSES OF  THIS  ARTICLE,  "STATE  AGENCY"
    9  SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY PARAGRAPH (A)
   10  OF SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
   11    S  12-A.  AFFIRMATIVE  ACTION  OFFICERS  AND  ADMINISTRATORS. 1. EVERY
   12  AFFIRMATIVE ACTION OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR  EMPLOYED
   13  BY THE STATE OR A STATE AGENCY SHALL BE DEEMED TO BE IN STATE SERVICE IN
   14  A  COMPETITIVE  POSITION.  THE  DEPARTMENT  BY RULE AND REGULATION SHALL
   15  ESTABLISH QUALIFICATIONS AND EXAM FOR EMPLOYMENT  AND  PROMOTION  WITHIN
   16  THE AFFIRMATIVE ACTION CLASSIFICATION.
   17    2. EVERY AFFIRMATIVE ACTION OFFICER AND AFFIRMATIVE ACTION ADMINISTRA-
   18  TOR  EMPLOYED BY A STATE AGENCY SHALL BE EMPLOYED BY AND REPORT DIRECTLY
   19  TO THE HEAD OF SUCH STATE AGENCY, AND SHALL  NOT  REPORT  TO  ANY  OTHER
   20  PERSON OR PART OF ANY DEPARTMENT OF SUCH AGENCY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02695-01-3
       S. 1271                             2
    1    3.  THE  DEPARTMENT  SHALL, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
    2  THIS SUBDIVISION, ESTABLISH A CONTINUING EDUCATION PROGRAM FOR  AFFIRMA-
    3  TIVE  ACTION  OFFICERS  AND  AFFIRMATIVE  ACTION ADMINISTRATORS IN STATE
    4  SERVICE. SUCH PROGRAM SHALL PROVIDE  INFORMATION  ON  AND  A  COURSE  OF
    5  INSTRUCTION  IN THE NECESSARY SKILLS FOR AFFIRMATIVE ACTION OFFICERS AND
    6  ADMINISTRATORS, AND THE LAW, RULES AND REGULATIONS RELATING TO  AFFIRMA-
    7  TIVE ACTION, EQUAL EMPLOYMENT OPPORTUNITY AND HUMAN RIGHTS. EVERY AFFIR-
    8  MATIVE   ACTION  OFFICER  AND  AFFIRMATIVE  ACTION  ADMINISTRATOR  SHALL
    9  SUCCESSFULLY COMPLETE AFFIRMATIVE ACTION CONTINUING EDUCATION  AT  LEAST
   10  ONCE EVERY CALENDAR YEAR.  THE DEPARTMENT SHALL SCHEDULE AND PROVIDE FOR
   11  THE PROVISION OF SUCH PROGRAM IN EACH REGION OF THE STATE AT LEAST TWICE
   12  A MONTH.
   13    4.  EVERY  STATE  AGENCY  WHICH  EMPLOYS ONE HUNDRED OR MORE EMPLOYEES
   14  SHALL EMPLOY A FULL-TIME AFFIRMATIVE ACTION OFFICER OR FULL-TIME  AFFIR-
   15  MATIVE ACTION ADMINISTRATOR.  PROVIDED, THAT NO PERSON SHALL BE REQUIRED
   16  TO  TAKE AN EXAMINATION FOR A COMPETITIVE POSITION OF AFFIRMATIVE ACTION
   17  OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR UNTIL THE CONTINUING  EDUCA-
   18  TION  PROGRAM  ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION
   19  SHALL HAVE BEEN AVAILABLE FOR NOT LESS THAN TEN MONTHS. THE EXAMINATIONS
   20  FOR THE COMPETITIVE POSITIONS OF AFFIRMATIVE ACTION OFFICER AND AFFIRMA-
   21  TIVE ACTION ADMINISTRATOR SHALL BE INTERNALLY PREPARED  BY  THE  DEPART-
   22  MENT,  IN  CONSULTATION WITH A COMMITTEE, ESTABLISHED BY THE DEPARTMENT,
   23  COMPOSED OF ETHNICALLY AND GENDER DIVERSE EXAMINATION WRITERS. A MAJORI-
   24  TY OF THE MEMBERS OF SUCH COMMITTEE SHALL BE PERSONS  HOLDING  PERMANENT
   25  COMPETITIVE POSITIONS IN STATE SERVICE.
   26    5. EACH STATE AGENCY AFFIRMATIVE ACTION OFFICER OR STATE AGENCY AFFIR-
   27  MATIVE ACTION ADMINISTRATOR SHALL APPOINT SUCH NUMBER OF DEPUTY AFFIRMA-
   28  TIVE  ACTION  OFFICERS  OR  DEPUTY  AFFIRMATIVE ACTION ADMINISTRATORS AS
   29  SHALL BE NECESSARY TO ENABLE THE STATE AGENCY AFFIRMATIVE ACTION OFFICER
   30  OR STATE AGENCY AFFIRMATIVE ACTION ADMINISTRATOR TO PERFORM HIS  OR  HER
   31  DUTIES  PURSUANT  TO THIS TITLE. EVERY DEPUTY AFFIRMATIVE ACTION OFFICER
   32  AND DEPUTY AFFIRMATIVE ACTION ADMINISTRATOR SHALL REPORT DIRECTLY TO THE
   33  STATE AGENCY AFFIRMATIVE ACTION  OFFICER  OR  STATE  AGENCY  AFFIRMATIVE
   34  ACTION  ADMINISTRATOR.  A  DEPUTY  AFFIRMATIVE  ACTION OFFICER OR DEPUTY
   35  AFFIRMATIVE ACTION ADMINISTRATOR SHALL BE PRESENT AT,  ACTIVELY  ENGAGED
   36  IN  AND  CONSULTED  ON  THE  RECRUITMENT,  APPOINTMENT  AND PROMOTION OF
   37  EMPLOYEES IN CLASSIFIED POSITIONS IN  THE  STATE  AGENCY.  SUCH  PARTIC-
   38  IPATION  IN  THE  APPOINTMENT  AND  PROMOTION OF CLASSIFIED EMPLOYEES BY
   39  DEPUTY AFFIRMATIVE ACTION OFFICERS AND DEPUTY AFFIRMATIVE ACTION  ADMIN-
   40  ISTRATORS  SHALL  INCLUDE THE ACTIVE INVOLVEMENT AND PRESENCE OF SUCH AN
   41  OFFICER OR ADMINISTRATOR AT EVERY  INTERVIEW,  FOLLOW-UP  INTERVIEW  AND
   42  DETERMINATION  OF THE PERSON TO BE APPOINTED OR PROMOTED TO A CLASSIFIED
   43  POSITION OF STATE SERVICE IN THE AGENCY.
   44    S 2. This act shall take effect on the ninetieth day  after  it  shall
   45  have  become  a law; provided, that subdivision 4 of section 12-a of the
   46  civil service law, as added by section  one  of  this  act,  shall  take
   47  effect  on  the  one  hundred eightieth day after it shall have become a
   48  law; provided, further, that any act or acts necessary to implement  the
   49  provisions of this act on its effective date are authorized and directed
   50  to be completed on or before such date.