Relates to compensation paid to persons employed in positions requiring foreign language skills; establishes career ladders for persons holding such positions; establishes supervisory positions for persons required to have foreign language skills.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5634
SPONSOR: Reyes TITLE OF BILL:
An act to amend the civil service law, in relation to the compensation
paid to persons employed in positions requiring foreign language skills
and directing the department of civil service to conduct a study on
certain job titles that require proficiency in a language other than
English
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide appropriate compensation to indi-
viduals employed in positions requiring the use of specialized skills
including proficiency in a language other than English.
SUMMARY OF PROVISIONS:
Section 1 of the bill would authorize the director of Classification and
Compensation to establish a pay differential, subject to approval from
the Director of Budget, for job titles that require specialized skill,
ability, training, or knowledge including proficiency in a language
other than English.
Section 2 would instruct the director to conduct a study evaluating job
titles that require proficiency in a language other than English.
Section 3 would require each public employer to provide all requested
information and assistance to the department of civil service for the
completion of the study.
Section 4 would require the department of Civil Service to submit a
report of its findings to the speaker of the assembly, the minority
leader of the assembly, the temporary president of the senate, the
minority leader of the senate, and the governor's office of employee
relations no later than one year of the effective date.
Section 5 sets the effective date;
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Original bill sought to establish career ladders for individuals'
employed in job titles requiring foreign language skills. Amended to
authorize the director of compensation and classification to provide a
pay differential subject to DOB approval, of job titles requiring profi-
ciency in a language other than English and instruct the director of
classification and compensation to conduct a study of such titles.
JUSTIFICATION:
One of the most discriminatory hiring practices employed by the New York
State Civil Service System falls under the title of language parenthe-
ticals. These employees need to poses multiple language skills, are not
compensated for them, have no opportunity for promotions, are locked
into low paying titles and their supervisors are unqualified to super-
vise them. This legislation will bring all of the above to an end by
creating a language parenthetical supervisory title and requiring a pay
differential for multi-language skills of current workers. For decades,
the work of these multilingual civil servants has allowed New York State
government to conduct is constitutional duties, yet all these employees
have been discriminated against by a system that does not compensate
them for their extra job skills or their years of experience.
Fearing the loss of such valuable workers, promotional opportunities to
other civil service job titles are rarely allowed and the situation is
compounded when considering the fact that there are no supervisory
parenthetical job titles available for employees to aspire. In addition,
their present supervisors are not multi-lingual and therefore they are
unable to supervise the quality.of their employees' work. This adds
insult to injury to employees that find their work product is needed but
no respect or proper compensation for their skills.
This legislation will address this terrible situation. The reporting
mechanism will allow the legislature to monitor the legislative intent
of this proposed law to enact substantial and ongoing oversight of DCS
actions with regard to these employees can be gained.
PRIOR LEGISLATIVE HISTORY:
2021-2022 - A1406 (Reyes) - Referred to Governmental Employees
2020 - A8574A (Reyes) - Referred Reported to Ways & Means
2019 - A8574 (Reyes) - Referred to Governmental Employees Committee
2015-2016 - A8040 (Linares) - Referred to Governmental Employees Commit-
tee
FISCAL IMPLICATIONS FOR-STATE AND LOCAL GOVERNMENTS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5634
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
Introduced by M. of A. REYES, LAVINE, TAYLOR, AUBRY, CRUZ -- read once
and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the compensation
paid to persons employed in positions requiring foreign language
skills and directing the department of civil service to conduct a
study on certain job titles that require proficiency in a language
other than English
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130 of the civil service law is amended by adding a
2 new subdivision 15 to read as follows:
3 15. Whenever the director finds that under prevailing wage practices
4 in private or other public employment in the state, employees in a given
5 occupation who are required to be proficient in a language other than
6 English receive a higher rate of pay than employees in the same occupa-
7 tion who are not required to be proficient in a language other than
8 English, the director may, subject to the approval of the director of
9 the budget, establish a pay differential for titles that require profi-
10 ciency in a language other than English. Such differential shall be in
11 addition to an employee's basic salary and shall not affect, impair or
12 impede any performance advance payments, performance awards, longevity
13 payments or other rights or benefits to which an employee may be enti-
14 tled under the provisions of this chapter, provided, however, that any
15 differential payable pursuant to this subdivision shall be included as
16 compensation for retirement purposes. A pay differential shall be termi-
17 nated for any employee when the employee ceases to be employed in the
18 position for which such pay differential was authorized. A pay differen-
19 tial shall remain in effect until terminated by the director of the
20 classification and compensation division with the consent of the direc-
21 tor of the budget or until a new pay differential is authorized pursuant
22 to this subdivision. The director shall be authorized to determine how
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05539-01-3
A. 5634 2
1 such differential shall be paid, subject to the approval of the director
2 of the budget. The director of the budget may adopt such regulations as
3 he or she may deem necessary to carry out the provisions of this subdi-
4 vision.
5 § 2. The department of civil service is hereby directed to conduct a
6 study and publish a report on titles in the state service that require
7 proficiency in a language other than English. The study and report shall
8 include, but not be limited to:
9 1. the number of employees in titles that require proficiency in a
10 language other than English and the appointment type held by such
11 employees;
12 2. the jurisdictional classification of such titles;
13 3. the salary grades and allocations of such titles;
14 4. a determination of whether the current salary allocations for each
15 title adequately reflect the title's responsibilities and duties;
16 5. whether any changes should be made to the current descriptions of
17 such titles to reflect more accurately the actual duties of such titles;
18 6. the gender and race/ethnicity identification of the employees in
19 such titles;
20 7. a list of state offices and/or departments with employees in such
21 titles and the location of such titles;
22 8. the number of times that examinations are held for appointment or
23 promotion into titles that require proficiency in a language other than
24 English in the past five years;
25 9. the number of individuals that have taken examinations for appoint-
26 ment or promotion into titles that require proficiency in a language
27 other than English in the past five years;
28 10. the number of times that existing employees in titles that require
29 proficiency in a language other than English transferred or were
30 promoted to a different title within the past five years; and
31 11. a determination of whether there are sufficient career mobility
32 opportunities in the state service for individuals employed in titles
33 that require proficiency in a language other than English.
34 § 3. For the purposes of this act, every public employer as defined in
35 this section shall provide all requested assistance and information to
36 the department of civil service in conducting the study required by this
37 act. It shall be the duty of each officer of the public employer to
38 comply with and aid in all proper ways in carrying into effect the
39 provisions of this study. For the purposes of this act, the term "public
40 employer" shall mean those employers with offices and positions in the
41 classified service of the state and the term "classified service" shall
42 have the same meaning as in section 40 of the civil service law.
43 § 4. The department of civil service shall submit such published
44 report pursuant to section two of this act to the speaker of the assem-
45 bly, the minority leader of the assembly, the temporary president of the
46 senate, the minority leader of the senate, and the governor's office of
47 employee relations no later than one year after the effective date of
48 this act.
49 § 5. This act shall take effect immediately.
