Bill Text: NY S07443 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to suspension or demotion upon abolition or reduction of positions for labor class titles; provides that an incumbent in titles in the labor class that have taken the exam and been promoted to the position of a permanent incumbent, who is suspended or displaced upon abolition or reduction in positions, shall displace incumbents serving in the next lower occupied title in the labor class.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2012-06-21 - SUBSTITUTED BY A7780B [S07443 Detail]

Download: New_York-2011-S07443-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7443
                                   I N  S E N A T E
                                     May 17, 2012
                                      ___________
       Introduced  by  Sen.  GOLDEN -- 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  suspension  or
         demotion  upon the abolition or reduction of positions for labor class
         titles
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  6 of section 80 of the civil service law, as
    2  added by chapter 283 of the laws of 1972 and renumbered by  chapter  360
    3  of the laws of 1985, is amended to read as follows:
    4    6.  Displacement  in civil divisions. A permanent incumbent of a posi-
    5  tion in a civil division in a specific title to which there is a  direct
    6  line  of promotion, OR WHERE INCUMBENTS IN TITLES IN THE LABOR CLASS WHO
    7  HAVE TAKEN THE EXAM AND BEEN PROMOTED TO THE  POSITION  OF  A  PERMANENT
    8  INCUMBENT  PURSUANT  TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  who  is
    9  suspended or displaced pursuant to this section, together with all other
   10  such incumbents suspended or displaced at the same time, shall displace,
   11  in the inverse order of the order of suspension or  demotion  prescribed
   12  in subdivisions one and two of this section, incumbents serving in posi-
   13  tions  in  the  same  lay-off  unit  in the next lower occupied title in
   14  direct line of promotion OR IN THE TITLE IN THE  LABOR  CLASS  IN  WHICH
   15  INCUMBENTS  WERE  EXTENDED THE OPPORTUNITY TO TAKE THE PROMOTIONAL EXAM-
   16  INATION FOR THE POSITION OF THE SUSPENDED OR DISPLACED PERMANENT  INCUM-
   17  BENT  PURSUANT  TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  who shall be
   18  displaced in the order of suspension or demotion prescribed in  subdivi-
   19  sions  one and two of this section; provided, however, that no incumbent
   20  shall displace any other incumbent having greater retention standing. If
   21  a permanent incumbent of a position in a civil division is suspended  or
   22  displaced  from a position in a title for which there are no lower level
   23  occupied positions in direct line of promotion, he  shall  displace  the
   24  incumbent  with  the  least retention right pursuant to subdivisions one
   25  and two of this section who is serving in a position  in  the  title  in
   26  which  the displacing incumbent last served [on a permanent basis] prior
   27  to service in one or more positions  in  the  title  from  which  he  is
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11533-04-1
       S. 7443                             2
    1  suspended  or displaced, if: (1) the service of the displacing incumbent
    2  while in such former title was satisfactory and (2) the position of  the
    3  junior  incumbent  is  in  (a)  the  competitive OR LABOR class, (b) the
    4  layoff  unit  from  which  the  displacing  incumbent  was  suspended or
    5  displaced, and (c) a lower salary grade than the position from which the
    6  displacing incumbent is suspended or displaced; provided, however,  that
    7  no incumbent shall displace any other incumbent having greater retention
    8  standing. Refusal of appointment to a position afforded by this subdivi-
    9  sion constitutes waiver of rights under this subdivision with respect to
   10  the  suspension or displacement on account of which the refused appoint-
   11  ment is afforded. The municipal civil service commission  shall  promul-
   12  gate  rules  to  implement  this  subdivision  including rules which may
   13  provide adjunctive opportunities for displacement either to positions in
   14  direct line of promotion or to formerly held positions; provided, howev-
   15  er, that no such rule shall permit an incumbent to  displace  any  other
   16  incumbent  having greater retention standing. For the purpose of acquir-
   17  ing preferred list rights, displacement pursuant to this subdivision  is
   18  the  equivalent of suspension or demotion pursuant to subdivision one of
   19  this section.
   20    S 2. This act shall take effect immediately.