Bill Text: NY S02344 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires 60 day notice of any suspension or demotion be furnished to the employee affected, the civil service department and the appropriate employee organization; increased from the current 20 day requirement and adds that the employee must be notified personally.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2010-06-16 - referred to governmental employees [S02344 Detail]

Download: New_York-2009-S02344-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2344
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 18, 2009
                                      ___________
       Introduced  by  Sen.  SAVINO -- 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  sixty
         days notice to an employee prior to suspension or demotion
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 81-a of the civil service law,  as
    2  amended  by  chapter  140  of  the  laws  of 1993, is amended to read as
    3  follows:
    4    1. Establishment of reemployment rosters in the state service; general
    5  provisions. The head of any department, office or institution from which
    6  an employee in the state service  is  to  be  suspended  or  demoted  in
    7  accordance  with  the  provisions  of section eighty or eighty-a of this
    8  article, shall, at least [twenty] SIXTY days prior to such suspension or
    9  demotion, furnish the AFFECTED EMPLOYEE, state civil service  department
   10  AND EMPLOYEE ORGANIZATION with a statement showing such employee's name,
   11  title  or  position, date of appointment, and the date of and reason for
   12  suspension or demotion.  NOTICE GIVEN TO ANY EMPLOYEE PURSUANT  TO  THIS
   13  SECTION  SHALL  BE  BY PERSONAL SERVICE OR BY CERTIFIED MAIL TO THE LAST
   14  ADDRESS FILED BY THE EMPLOYEE WITH THE EMPLOYER.  Upon  such  employee's
   15  suspension  or demotion, it shall be the duty of the department to place
   16  the name of such employee upon a reemployment roster for filling  vacan-
   17  cies  in any comparable position as determined by the department, except
   18  that employees suspended or demoted from positions in  the  non-competi-
   19  tive  and  labor  classes  may not be certified to fill vacancies in the
   20  competitive class. Such reemployment roster shall be certified for fill-
   21  ing a vacancy in any such position before certification is made from any
   22  other list, including a promotion eligible list,  but  not  prior  to  a
   23  preferred  list.  Eligibility  for  reinstatement of a person whose name
   24  appears on any such reemployment roster shall not continue for a  period
   25  longer than four years from the date of suspension or demotion provided,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05599-01-9
       S. 2344                             2
    1  however, in no event shall eligibility for reinstatement  from  a  reem-
    2  ployment roster continue once the person is no longer eligible for rein-
    3  statement from a preferred list.
    4    S 2. This act shall take effect immediately.