Bill Text: NY S00303 | 2015-2016 | 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 incumbents 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S00303 Detail]

Download: New_York-2015-S00303-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          303
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01916-01-5
       S. 303                              2
    1  incumbent with the least retention right pursuant  to  subdivisions  one
    2  and  two  of  this  section who is serving in a position in the title in
    3  which the displacing incumbent last served [on a permanent basis]  prior
    4  to  service  in  one  or  more  positions  in the title from which he is
    5  suspended or displaced, if: (1) the service of the displacing  incumbent
    6  while  in such former title was satisfactory and (2) the position of the
    7  junior incumbent is in (a) the  competitive  OR  LABOR  class,  (b)  the
    8  layoff  unit  from  which  the  displacing  incumbent  was  suspended or
    9  displaced, and (c) a lower salary grade than the position from which the
   10  displacing incumbent is suspended or displaced; provided, however,  that
   11  no incumbent shall displace any other incumbent having greater retention
   12  standing. Refusal of appointment to a position afforded by this subdivi-
   13  sion constitutes waiver of rights under this subdivision with respect to
   14  the  suspension or displacement on account of which the refused appoint-
   15  ment is afforded. The municipal civil service commission  shall  promul-
   16  gate  rules  to  implement  this  subdivision  including rules which may
   17  provide adjunctive opportunities for displacement either to positions in
   18  direct line of promotion or to formerly held positions; provided, howev-
   19  er, that no such rule shall permit an incumbent to  displace  any  other
   20  incumbent  having greater retention standing. For the purpose of acquir-
   21  ing preferred list rights, displacement pursuant to this subdivision  is
   22  the  equivalent of suspension or demotion pursuant to subdivision one of
   23  this section.
   24    S 2. This act shall take effect immediately.