Provides that persons employed in the labor class for a minimum of five years shall not be removed or otherwise subjected to any disciplinary penalty provided in this section except for incompetency or misconduct.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11223
SPONSOR: Rules (Abbate) TITLE OF BILL:
An act to amend the civil service law, in relation to providing that
certain persons holding a position in the labor class shall not be
removed or otherwise subjected to any disciplinary penalty except for
incompetency or misconduct
PURPOSE OR GENERAL IDEA OF BILL:
This bill would provide that a labor class employee shall not be removed
or subjected to disciplinary action except for incompetency or miscon-
duct shown after hearing on charges.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 75 of the civil service law to
exclude an employee holding a position in the labor class for five
continuous years from being subjected to removal or any disciplinary
penalty except for incompetency or misconduct.
Section 2 of the bill states that this act shall take effect immediate-
ly.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION:
Currently labor class employees may be subject to removal or discipli-
nary action before a hearing of the charges. By adding them to section
75 they will receive the same rights as employees in the noncompetitive
class.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
11223
IN ASSEMBLY
June 15, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
read once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to providing that
certain persons holding a position in the labor class shall not be
removed or otherwise subjected to any disciplinary penalty except for
incompetency or misconduct
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 75 of the civil
2 service law, as amended by chapter 439 of the laws of 1986, is amended
3 to read as follows:
4 (c) an employee holding a position in the non-competitive or labor
5 class other than a position designated in the rules of the state or
6 municipal civil service commission as confidential or requiring the
7 performance of functions influencing policy, who since his or her last
8 entry into service has completed at least five years of continuous
9 service in the non-competitive or labor class in a position or positions
10 not so designated in the rules as confidential or requiring the perform-
11 ance of functions influencing policy, or
12 § 2. This act shall take effect immediately and shall apply to any
13 employee who has completed at least five years of continuous service in
14 the non-competitive or labor class on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16256-01-8
