NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7248
SPONSOR: Abbate TITLE OF BILL: An act to amend the civil service law, the public
authorities law and the military law, in relation to suspension or
demotion upon the abolition or reduction of positions for labor class
and noncompetitive titles; and to repeal section 80-a of the civil
service law relating thereto
PURPOSE:
This bill intends to provide equal reduction in force and recall
provisions to permanently appointed employees appointed to Competitive,
Non-Competitive, and Labor Jurisdictional Classification at all levels
of State and local government.
SUMMARY OF PROVISIONS:
This bill amends subdivision 1, 1-a, 1-b, 1-c, 2, 6, 7, and 9 of Section
80; repeals Section 80-a; amends Subdivision 1 of Section 81; amends
Subdivision 1, and 5 of Section 81-a; amends Subdivision 1 of Section
81-b and amends subdivision 7 of Section 85 of the Civil Service Law.
EXISTING LAW:
Section 80 currently provides reduction in force provisions for perma-
nent employees occupying competitive jurisdictional class positions.
Section 80-a provides reduction in force protection for State Executive
Branch employees who are appointed permanently in positions designated
in the Non-Competitive Jurisdictional Classification. These provisions
do not currently apply to local government employees.
Sections 81, 81-a, and 81-b currently provide preferred list, certif-
ication and reinstatement provisions for employees who were displaced
from State or local government competitive class positions and State
executive branch employees who were displaced from Non-Competitive Class
positions.
Section 85 currently provides preference in retention during State and
local government reductions in force. This section also provides prefer-
ence in retention for certain employees who are permanently appointed to
noncompetitive class positions in the State's Executive: Branch only.
JUSTIFICATION:
If the state or local government need to reduce positions in the state
or local governments, section 80 of the New York State Civil Service Law
provides a system of reduction in force that affects permanently
appointed employees occupying positions in the competitive class. In
addition, section 80-a of the Civil Service Law provides reduction in
force provisions for permanently appointed employees occupying Non-Com-
petitive Class positions in the State Executive Branch only.
There is no statutory provision that provides this protection to employ-
ees in the Labor Class.
Reduction in Force provisions that cover public sector positions should
not be restricted to the Competitive Class or the Non-Competitive class
in only the State's Executive Branch. These protections should be
extended to cover all employees who are appointed permanently to a posi-
tion in the Competitive, Non-Competitive or Labor class.
When the State and or Local Governments decide to fill vacancies after a
reduction in force has occurred, permanent employees who were displaced
via the reduction in force should be given preference in filling these
vacancies before any other eligible candidates are appointed. This bill
sets up the current reduction in force and recall procedure for non-com-
petitive and labor class employees who work for the State Executive
Branch or a local government employer.
There are no logical reasons to continue this inequity. The passage and
implementation of this bill will provide New York State and Local
Governments with a uniform and orderly approach to reducing the work-
force and in the rehiring methods used by using length of service as a
determining factor. Employees who have longer permanent service with
their employer should have greater retention rights than those employees
who are subsequently hired to positions in the same title. Length of
permanent service should be recognized in rimes of reductions in force
and the rehiring.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7248
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, the public authorities law and
the military law, in relation to suspension or demotion upon the abol-
ition or reduction of positions for labor class and noncompetitive
titles; and to repeal section 80-a of the civil service law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 1-a, 1-b, 1-c, 1-d, 2, 4, 5, 6, 7, subpara-
2 graph 1 of paragraph (b) of subdivision 7-a and subdivision 9 of section
3 80 of the civil service law, subdivision 1 as amended by chapter 283 of
4 the laws of 1972, subdivision 1-a as added by chapter 312 of the laws of
5 1976, subdivision 1-b as added by chapter 653 of the laws of 1978,
6 subdivision 1-c as added by chapter 334 of the laws of 1994, subdivision
7 1-d as added by chapter 731 of the laws of 2004, subdivision 2 as
8 amended by chapter 376 of the laws of 1977, subdivision 4 as added by
9 chapter 790 of the laws of 1958, subdivisions 6 and 7 as added and
10 subdivision 5 as amended by chapter 283 of the laws of 1972, subdivi-
11 sions 4, 5, 6 and 7 as renumbered by chapter 360 of the laws of 1985,
12 subparagraph 1 of paragraph (b) of subdivision 7-a as added by chapter
13 528 of the laws of 2001 and subdivision 9 as added by chapter 470 of the
14 laws of 1988, are amended to read as follows:
15 1. Suspension or demotion. Where, because of economy, consolidation or
16 abolition of functions, curtailment of activities or otherwise, posi-
17 tions in the competitive, noncompetitive or labor class are abolished or
18 reduced in rank or salary grade, suspension or demotion, as the case may
19 be, among incumbents holding the same or similar positions in the same
20 jurisdictional class shall be made in the inverse order of original
21 appointment on a permanent basis in the classified service in the
22 service of the governmental jurisdiction in which such abolition or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10954-01-9
A. 7248 2
1 reduction of positions occurs, subject to the provisions of subdivision
2 seven of section eighty-five of this chapter; provided, however, that
3 the date of original appointment of any such incumbent who was trans-
4 ferred to such governmental jurisdiction from another governmental
5 jurisdiction upon the transfer of functions shall be the date of
6 original appointment on a permanent basis in the classified service in
7 the service of the governmental jurisdiction from which such transfer
8 was made. Notwithstanding the provisions of this subdivision, however,
9 upon the abolition or reduction of positions in the competitive, noncom-
10 petitive or labor class, incumbents holding the same or similar posi-
11 tions in the same jurisdictional class who have not completed their
12 probationary service shall be suspended or demoted, as the case may be,
13 before any permanent incumbents, and among such probationary employees
14 the order of suspension or demotion shall be determined as if such
15 employees were permanent incumbents.
16 1-a. Notwithstanding the provisions of subdivision one of this
17 section, the members of a police or paid fire department in the city of
18 Buffalo shall be subject to the following procedure. Where, because of
19 economy, consolidation or abolition of functions, curtailment of activ-
20 ities or otherwise, positions in the competitive, noncompetitive or
21 labor class are abolished or reduced in rank or salary grade, suspension
22 or demotion, as the case may be, among incumbents holding the same or
23 similar positions in the same jurisdictional class shall be made in the
24 inverse order of original appointment on a permanent basis in the grade
25 or title in the service of the governmental jurisdiction in which such
26 abolition or reduction of positions occurs, subject to the provisions of
27 subdivision seven of section eighty-five of this chapter. Notwithstand-
28 ing the provisions of this subdivision, however, upon the abolition or
29 reduction of positions in the competitive class, incumbents holding the
30 same or similar positions who have not completed their probationary
31 service shall be suspended or demoted, as the case may be, before any
32 permanent incumbents, and among such probationary employees the order of
33 suspension or demotion shall be determined as if such employees were
34 permanent incumbents.
35 1-b. Notwithstanding the provisions of subdivision one of this
36 section, employees of secure detention facilities in the city of New
37 York and of the alternatives to secure detention facilities program in
38 such city who are performing functions which were assumed by the depart-
39 ment of social services of the city of New York on the tenth day of
40 November, nineteen hundred seventy-one and who, upon such assumption
41 were transferred to said department, shall be subject to the following
42 procedure. Where, because of economy, consolidation or abolition of
43 function, curtailment of activities or otherwise, positions in the
44 competitive, noncompetitive or labor class are abolished, or reduced in
45 rank or salary grade, suspension or demotion, as the case may be, among
46 incumbents holding the same or similar positions in the same jurisdic-
47 tional class shall be made in the inverse order of original appointment
48 on a permanent basis in the classified service in the service of the
49 governmental jurisdiction in which such abolition or reduction of posi-
50 tions occurs, subject to the provisions of subdivision seven of section
51 eighty-five of this chapter; provided, however, that if any person so
52 employed and so transferred was employed on a permanent basis in such a
53 facility or such program prior to the thirtieth day of December, nine-
54 teen hundred sixty-seven, for purposes of this subdivision regarding
55 priority of retention and for no other purpose, the date of original
56 appointment of any such person shall be deemed to be the date such
A. 7248 3
1 permanent employment commenced prior to the said thirtieth day of Decem-
2 ber, nineteen hundred sixty-seven.
3 1-c. Notwithstanding the provisions of subdivision one of this
4 section, sworn employees of the Monroe county sheriff's department shall
5 be subject to the following procedure. Where, because of economy,
6 consolidation or abolition of function, curtailment of activities or
7 otherwise, positions in the competitive, noncompetitive or labor class
8 are abolished, or reduced in rank or salary grade, suspension or
9 demotion, as the case may be, among incumbents holding the same or simi-
10 lar positions in the same jurisdictional class shall be made in the
11 inverse order of original appointment on a permanent basis in the grade
12 or title in the service of the governmental jurisdiction in which such
13 abolition or reduction of positions occurs, subject to the provisions of
14 subdivision seven of section eighty-five of this chapter; provided,
15 however, that if any person so employed was employed in such person's
16 current title prior to the first day of April, nineteen hundred ninety-
17 three, for purposes of this subdivision regarding priority of retention
18 and for no other purpose, the date of original appointment of any such
19 person shall be deemed to be the date such employment commenced prior to
20 the said first day of April, nineteen hundred ninety-three.
21 1-d. Notwithstanding the provisions of subdivision one of this
22 section, the sworn members of the police force of the county of Nassau
23 shall be subject to the following procedure. Where, because of economy,
24 consolidation or abolition of functions, curtailment of activities or
25 otherwise, positions in the competitive, noncompetitive or labor class
26 are abolished or reduced in rank or salary grade, suspension or
27 demotion, as the case may be, among incumbents holding the same or simi-
28 lar positions in the same jurisdictional class shall be made in the
29 inverse order of original appointment on a permanent basis in the grade
30 or title in the service of the governmental jurisdiction in which such
31 abolition or reduction of positions occurs, subject to the provisions of
32 subdivision seven of section eighty-five of this chapter. Notwithstand-
33 ing the provisions of this subdivision, however, upon the abolition or
34 reduction of positions, those employees who have not completed their
35 probationary service shall be suspended or demoted, as the case may be,
36 before any permanent incumbents, and among such probationary employees
37 the order of suspension or demotion shall be determined as if such
38 employees were permanent incumbents.
39 2. Continuous service. Except as otherwise provided herein, for the
40 purposes of this section the original appointment of an incumbent shall
41 mean the date of his or her first appointment on a permanent basis in
42 the classified service followed by continuous service in the classified
43 service on a permanent basis up to the time of the abolition or
44 reduction of the competitive, noncompetitive or labor class positions.
45 An employee who has resigned and who has been reinstated or reappointed
46 in the service within one year thereafter shall, for the purposes of
47 this section, be deemed to have continuous service. An employee who has
48 been terminated because of a disability resulting from occupational
49 injury or disease as defined in the [workmen's] workers' compensation
50 law and who has been reinstated or reappointed in the service thereafter
51 shall be deemed to have continuous service. A period of employment on a
52 temporary or provisional basis, or in the unclassified service, imme-
53 diately preceded and followed by permanent service in the classified
54 service, shall not constitute an interruption of continuous service for
55 the purposes of this section; nor shall a period of leave of absence
56 without pay pursuant to law or the rules of the civil service commission
A. 7248 4
1 having jurisdiction, or any period during which an employee is suspended
2 from his or her position pursuant to this section, constitute an inter-
3 ruption of continuous service for the purposes of this section.
4 4. Units for suspension or demotion in civil divisions. Upon the abol-
5 ition or reduction of positions in the service of a civil division,
6 suspension or demotion shall be made from among employees holding the
7 same or similar positions in the same jurisdictional class in the entire
8 department or agency within which such abolition or reduction of posi-
9 tions occurs. In a city having a population of one million or more, the
10 municipal civil service commission may, by rule, designate as separate
11 units for suspension and demotion under the provisions of this section
12 any hospital or institution or any division of any department or agency
13 under its jurisdiction. Upon the abolition or reduction of positions in
14 such service, suspension or demotion, as the case may be, shall be made
15 from among employees holding the same or similar positions in the same
16 jurisdictional class in the department wherein such abolition or
17 reduction occurs, except that where such abolition or reduction occurs
18 in such hospital or institution or division of a department designated
19 as a separate unit for suspension or demotion, suspension or demotion
20 shall be made from among incumbents holding the same or similar posi-
21 tions in the same jurisdictional class in such separate unit.
22 5. Units for suspension or demotion in the state service. The presi-
23 dent may, by regulation, designate as separate units for suspension or
24 demotion under the provisions of this section any state hospital, insti-
25 tution or facility or any division of any state department or agency or
26 specified hospitals, institutions and facilities of a single state
27 department or agency within a particular geographic area as determined
28 by the president. Upon the abolition or reduction of positions in the
29 same jurisdictional class in the state service, suspension or demotion,
30 as the case may be, shall be made from among employees holding the same
31 or similar positions in the department wherein such abolition or
32 reduction occurs, except that where such abolition or reduction occurs
33 in a separate unit for suspension or demotion designated by regulation
34 of the president, suspension or demotion shall be made from among incum-
35 bents holding the same or similar positions in such separate unit.
36 6. Displacement in civil divisions. A permanent incumbent of a posi-
37 tion in a civil division in a specific title to which there is a direct
38 line of promotion who is suspended or displaced pursuant to this
39 section, together with all other such incumbents suspended or displaced
40 at the same time, shall displace, in the inverse order of the order of
41 suspension or demotion prescribed in subdivisions one and two of this
42 section, incumbents serving in positions in the same lay-off unit in the
43 next lower occupied title in direct line of promotion who shall be
44 displaced in the order of suspension or demotion prescribed in subdivi-
45 sions one and two of this section; provided, however, that no incumbent
46 shall displace any other incumbent having greater retention standing in
47 the same jurisdictional class. If a permanent incumbent of a position in
48 a civil division is suspended or displaced from a position in a title
49 for which there are no lower level occupied positions in direct line of
50 promotion, he or she shall displace the incumbent with the least
51 retention right pursuant to subdivisions one and two of this section who
52 is serving in a position in the title in which the displacing incumbent
53 last served on a permanent basis prior to service in one or more posi-
54 tions in the title from which he or she is suspended or displaced, if:
55 (1) the service of the displacing incumbent while in such former title
56 was satisfactory and (2) the position of the junior incumbent is in (a)
A. 7248 5
1 the competitive, noncompetitive or labor class, (b) the layoff unit from
2 which the displacing incumbent was suspended or displaced, and (c) a
3 lower salary grade than the position from which the displacing incumbent
4 is suspended or displaced; provided, however, that no incumbent shall
5 displace any other incumbent having greater retention standing in the
6 same jurisdictional class. Refusal of appointment to a position afforded
7 by this subdivision constitutes waiver of rights under this subdivision
8 with respect to the suspension or displacement on account of which the
9 refused appointment is afforded. The municipal civil service commission
10 shall promulgate rules to implement this subdivision including rules
11 which may provide adjunctive opportunities for displacement either to
12 positions in direct line of promotion or to formerly held positions;
13 provided, however, that no such rule shall permit an incumbent to
14 displace any other incumbent having greater retention standing in the
15 same jurisdictional class. For the purpose of acquiring preferred list
16 rights, displacement pursuant to this subdivision is the equivalent of
17 suspension or demotion pursuant to subdivision one of this section.
18 7. Displacement in the state service. A permanent incumbent of a posi-
19 tion in the state service in a specific title to which there is a direct
20 line of promotion who is suspended or displaced pursuant to this
21 section, together with all other such incumbents suspended or displaced
22 at the same time, shall displace, in the inverse order of the order of
23 suspension or demotion prescribed in subdivisions one and two of this
24 section, incumbents serving in positions in the same layoff unit in the
25 next lower occupied title in direct line of promotion who shall be
26 displaced in the order of suspension or demotion prescribed in subdivi-
27 sions one and two of this section; provided, however, that no incumbent
28 shall displace any other incumbent having greater retention standing in
29 the same jurisdictional class. If a permanent incumbent of a position in
30 the state service is suspended or displaced from a position in a title
31 for which there are no lower level occupied positions in direct line of
32 promotion, he or she shall displace the incumbent with the least
33 retention right pursuant to subdivisions one and two of this section who
34 is serving in a position in the title in which the displacing incumbent
35 last served on a permanent basis prior to service in one or more posi-
36 tions in the title from which he or she is suspended or displaced, if:
37 (1) the service of the displacing incumbent while in such former title
38 was satisfactory and (2) the position of the junior incumbent is in (a)
39 the competitive, noncompetitive or labor class, (b) the layoff unit from
40 which the displacing incumbent was suspended or displaced, and (c) a
41 lower salary grade than the position from which the displacing incumbent
42 is suspended or displaced; provided, however, that no incumbent shall
43 displace any other incumbent having greater retention standing in the
44 same jurisdictional class. Refusal of appointment to a position afforded
45 by this subdivision constitutes waiver of rights under this subdivision
46 with respect to the suspension or displacement on account of which the
47 refused appointment is afforded. The state civil service commission
48 shall promulgate rules to implement this subdivision including rules
49 which may provide adjunctive opportunities for displacement either to
50 positions in direct line of promotion or to formerly held positions;
51 provided, however, that no such rule shall permit an incumbent to
52 displace any other incumbent having greater retention standing in the
53 same jurisdictional class. For the purpose of acquiring preferred list
54 rights, displacement pursuant to this subdivision is the equivalent of
55 suspension or demotion pursuant to subdivision one of this section.
A. 7248 6
1 (1) Pursuant to such method of payment, such member shall pay, as
2 additional member contributions payable besides the ordinary member
3 contributions due for his or her current service:
4 (A) the ordinary member contributions which would have been done for
5 such period of suspension if he or she had actually been in service
6 during such period; and
7 (B) (if such member has elected the twenty-year retirement program
8 provided for by section six hundred four-a of the retirement and social
9 security law), the additional member contributions which he or she would
10 have been required to make under the provisions of that section for the
11 period from the starting date of such program to the date next preceding
12 the date on which such member became a participant in such retirement
13 program, if he or she had become such a participant on such starting
14 date; and
15 (C) additional member contributions of two per centum of his or her
16 compensation for the period beginning with the first full payroll period
17 which includes the date of enactment of this subdivision and ending on
18 the earlier of his or her date of retirement or his or her completion of
19 thirty years of service.
20 9. Certain suspensions or demotions in the city of Niagara Falls.
21 Notwithstanding the provisions of subdivision one of this section, the
22 members of a paid fire department in the city of Niagara Falls shall be
23 subject to the following procedure. Where, because of economy, consol-
24 idation or abolition of functions, curtailment of activities or other-
25 wise, positions in the competitive class are abolished or reduced in
26 rank or salary grade, suspension or demotion, as the case may be, among
27 incumbents holding the same or similar positions in the same jurisdic-
28 tional class shall be made in the inverse order of original appointment
29 on a permanent basis in the grade or title in the service of the govern-
30 mental jurisdiction in which such abolition or reduction of positions
31 occurs, subject to the provisions of subdivision seven of section eight-
32 y-five of this chapter. Notwithstanding the provisions of this subdivi-
33 sion, however, upon the abolition or reduction of positions in the
34 competitive, noncompetitive or labor class, incumbents holding the same
35 or similar positions in the same jurisdictional class who have not
36 completed their probationary service shall be suspended or demoted, as
37 the case may be, before any permanent incumbents, and among such proba-
38 tionary employees the order of suspension or demotion shall be deter-
39 mined as if such employees were permanent incumbents.
40 § 2. Section 80-a of the civil service law is REPEALED.
41 § 3. Subdivision 1 of section 81 of the civil service law, as amended
42 by chapter 152 of the laws of 2011, is amended to read as follows:
43 1. Establishment of preferred lists; general provisions. The head of
44 any department, office or institution in which an employee is suspended
45 or demoted in accordance with the provisions of [sections] section
46 eighty [and eighty-a] of this title shall, upon such suspension or
47 demotion, furnish the state civil service department or appropriate
48 municipal commission, as the case may be, a statement showing his name,
49 title or position, date of appointment, and the date of and reason for
50 suspension or demotion. It shall be the duty of such civil service
51 department or commission, as the case may be, forthwith to place the
52 name of such employee upon a preferred list, together with others who
53 may have been suspended or demoted from the same or similar positions in
54 the same jurisdictional class, and to certify such list, as hereinafter
55 provided, for filling vacancies in the same jurisdictional class; first,
56 in the same or similar position; second, in any position in a lower
A. 7248 7
1 grade in line of promotion; and third, in any comparable position. Such
2 preferred list shall be certified for filling a vacancy in any such
3 position before certification is made from any other list, including a
4 promotion eligible list, notwithstanding the fact that none of the
5 persons on such preferred list was suspended from or demoted in the
6 department or suspension and demotion unit in which such vacancy exists.
7 No other name shall be certified from any other list for any such posi-
8 tion until such preferred list is exhausted. The eligibility for rein-
9 statement of a person whose name appears on any such preferred list
10 shall not continue for a period longer than four years from the date of
11 separation or demotion. An employee whose name was placed on the
12 preferred list and at the time of such placement was on active duty with
13 the armed forces of the United States, as pursuant to title ten, four-
14 teen or thirty-two of the United States code, shall not be eligible for
15 employment reinstatement for a period longer than four years after the
16 date of termination of military duty.
17 § 4. Subdivisions 1 and 5 of section 81-a of the civil service law,
18 subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi-
19 sion 5 as added by chapter 239 of the laws of 1992, are amended to read
20 as follows:
21 1. Establishment of reemployment rosters in the state service; general
22 provisions. The head of any department, office or institution from which
23 an employee in the state service is to be suspended or demoted in
24 accordance with the provisions of section eighty [or eighty-a] of this
25 article, shall, at least twenty days prior to such suspension or
26 demotion, furnish the state civil service department with a statement
27 showing such employee's name, title or position, date of appointment,
28 and the date of and reason for suspension or demotion. Upon such employ-
29 ee's suspension or demotion, it shall be the duty of the department to
30 place the name of such employee upon a reemployment roster for filling
31 vacancies in any comparable position as determined by the department,
32 except that employees suspended or demoted from positions in the non-
33 competitive and labor classes may not be certified to fill vacancies in
34 the competitive class. Such reemployment roster shall be certified for
35 filling a vacancy in any such position before certification is made from
36 any other list, including a promotion eligible list, but not prior to a
37 preferred list. Eligibility for reinstatement of a person whose name
38 appears on any such reemployment roster shall not continue for a period
39 longer than four years from the date of suspension or demotion provided,
40 however, in no event shall eligibility for reinstatement from a reem-
41 ployment roster continue once the person is no longer eligible for rein-
42 statement from a preferred list.
43 5. Notwithstanding any other provision of this chapter, the department
44 may disqualify for reinstatement and remove from a reemployment roster
45 the name of any otherwise eligible person who, by reason of physical or
46 mental incapacity, is found to be unable to satisfactorily perform the
47 duties of the position for which such roster has been established, or
48 who has engaged in such misconduct as would warrant his or her dismissal
49 from public employment, except that a person who is not completely phys-
50 ically incapacitated and who is suspended or demoted pursuant to section
51 eighty [or eighty-a] of this article because his or her position has
52 been abolished or reduced, but who is certified for reinstatement to any
53 position having the same physical requirements as the position from
54 which such person was suspended or demoted, shall not be disqualified
55 because of his or her incapacity, unless upon medical examination his or
56 her incapacity has worsened to a degree that he or she would not be able
A. 7248 8
1 to satisfactorily perform in such position. No person shall be disquali-
2 fied pursuant to this subdivision unless he or she is first given a
3 written statement of the reasons therefor and an opportunity to be heard
4 at a hearing at which satisfactory proof of such reasons must be estab-
5 lished by appropriate evidence, and at which such person may present
6 independent evidence and be entitled to representation by counsel. The
7 department shall designate a person to hold such hearing and report
8 thereon.
9 § 5. Subdivision 1 of section 81-b of the civil service law, as
10 amended by chapter 140 of the laws of 1993, is amended to read as
11 follows:
12 1. Establishment of placement rosters in the state service; general
13 provisions. The head of any department, office or institution from
14 which an employee in the state service is to be suspended or demoted in
15 accordance with the provisions of section eighty [or eighty-a] of this
16 article, shall, no later than the date on which he or she furnishes the
17 state civil service department with the employee information required
18 pursuant to section eighty-one-a of this article for purposes of estab-
19 lishing reemployment rosters, furnish the state civil service department
20 with a statement showing such employee's name, title or position, date
21 of appointment, and the anticipated date of and reason for suspension or
22 demotion. Upon receiving such information, it shall be the duty of the
23 department forthwith to place the name of such employee upon a placement
24 roster for filling vacancies in the same title or in any comparable
25 position as determined by the department, except that employees
26 suspended or demoted from positions in the non-competitive and labor
27 classes may not be certified to fill vacancies in the competitive class.
28 Such placement roster shall be certified for filling a vacancy in any
29 such position before certification is made from any other list, includ-
30 ing a promotion eligible list, but not prior to a preferred list or a
31 reemployment roster. Eligibility for appointment of an employee whose
32 name appears on any such placement roster shall terminate at such time
33 as the employee is suspended or demoted in accordance with the
34 provisions of section eighty [or eighty-a] of this article. Upon such
35 employee's suspension or demotion, the department shall place the name
36 of such employee upon a preferred list, and a reemployment roster as
37 appropriate, in accordance with the provisions of sections eighty-one
38 and eighty-one-a of this article.
39 § 6. Subdivision 7 of section 85 of the civil service law, as amended
40 by chapter 532 of the laws of 1976, is amended to read as follows:
41 7. Preference in retention upon the abolition of positions. In the
42 event of the abolition or elimination of any position in the civil
43 service [for which eligible lists are established or any position the
44 incumbent of which is encompassed by section eighty-a of this chapter],
45 any suspension, demotion or displacement shall be made in the inverse
46 order of the date of original appointment in the service subject to the
47 following conditions: (1) blind employees shall be granted absolute
48 preference in retention; (2) the date of such original appointment for
49 disabled veterans shall be deemed to be sixty months earlier than the
50 actual date, determined in accordance with section thirty of the general
51 construction law; (3) the date of such original appointment for non-dis-
52 abled veterans shall be deemed to be thirty months earlier than the
53 actual date, determined in accordance with section thirty of the general
54 construction law; (4) no permanent competitive class employee subject to
55 the jurisdiction of the civil service commission of the city of New York
56 who receives an injury in the line of duty, as defined in this para-
A. 7248 9
1 graph, which requires immediate hospitalization, and which is not
2 compensable through [workmen's] workers' compensation may be suspended,
3 demoted or displaced pursuant to section eighty of this chapter within
4 three months of the date of his confinement, provided that medical
5 authorities approved by such commission shall certify that the employee
6 is not able to perform the duties of his position; provided further,
7 that such three-month period may be extended by such commission for
8 additional periods not to exceed one year each upon the certification of
9 medical authorities selected by such commission that the employee is, as
10 a result of his injury, still not able to perform the duties of his
11 position. An injury in the line of duty, as used herein, shall be
12 construed to mean an injury which is incurred as a direct result of the
13 lawful performance of the duties of the position. In determining whether
14 an injury was received in the line of duty, such commission shall
15 require the head of the agency by which the employee is employed to
16 certify that the injury was received as a direct result of the lawful
17 performance of the employee's duties; and (5) the spouse of a veteran
18 with one hundred percent service connected disability shall be deemed to
19 be sixty months earlier than the actual date, determined in accordance
20 with section thirty of the general construction law, provided, the
21 spouse is domiciled with the veteran-spouse and is the head of the
22 household. This section shall not be construed as conferring any addi-
23 tional benefit upon such employee other than a preference in retention.
24 Such employee shall be subject to transfer upon the abolition of his
25 function within his agency or department.
26 § 7. Paragraph (a) of subdivision 3 of section 131 of the civil
27 service law, as amended by chapter 733 of the laws of 1979, is amended
28 to read as follows:
29 (a) If such an employee is demoted, or displaced to a position in a
30 lower grade pursuant to [sections] section eighty [or eighty-a] of this
31 chapter, or is appointed, transferred or reinstated to a position in a
32 lower grade, he shall, upon such demotion, displacement, appointment,
33 transfer, or reinstatement, receive the rate of compensation which
34 corresponds with the number of annual increments and the percentage
35 value of performance advances actually received in the salary grades
36 from which and to which he is demoted, displaced, appointed, transferred
37 or reinstated, as the case may be.
38 § 8. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
39 13 of section 3556 of the public authorities law, as added by chapter 5
40 of the laws of 1997, are amended to read as follows:
41 (e) Notwithstanding any other provision of this title, the corporation
42 may disqualify for reinstatement and remove from a reemployment roster
43 the name of any otherwise eligible person who, by reason of physical or
44 mental incapacity, is found to be unable to satisfactorily perform the
45 duties of the position for which such roster has been established, or
46 who has engaged in such misconduct as would warrant his or her dismissal
47 from public employment, except that a person who is not completely phys-
48 ically incapacitated and who is suspended or demoted pursuant to section
49 eighty [or eighty-a] of the civil service law because his or her posi-
50 tion has been abolished or reduced, but who is certified for rein-
51 statement to any position having the same physical requirements as the
52 position from which such person was suspended or demoted, shall not be
53 disqualified because of his or her incapacity, unless upon medical exam-
54 ination his or her incapacity has worsened to a degree that he or she
55 would not be able to satisfactorily perform in such position. No person
56 shall be disqualified pursuant to this subdivision unless he or she is
A. 7248 10
1 first given a written statement of the reasons therefor and an opportu-
2 nity to be heard at a hearing at which satisfactory proof of such
3 reasons must be established by appropriate evidence, and at which such
4 person may present independent evidence and be entitled to represen-
5 tation by counsel. The corporation shall designate a person to hold such
6 hearing and report thereon.
7 (f) Eligibility for appointment of an employee whose name appears on a
8 redeployment list shall terminate at such time as the employee is rede-
9 ployed pursuant to the provisions of this section to a position in the
10 same salary grade as the position from which he or she has been
11 suspended or demoted, or has exercised his or her reemployment rights
12 pursuant to the provisions of section eighty-one or eighty-one-a of the
13 civil service law, provided, however, that eligibility for appointment
14 shall terminate no later than six months following the suspension or
15 demotion of such employee in accordance with the provisions of section
16 eighty [or eighty-a] of the civil service law. Upon such employee's
17 suspension or demotion, the corporation shall place the name of such
18 employee upon a preferred list, and a reemployment roster, as appropri-
19 ate, in accordance with the provisions of subdivision eight of this
20 section.
21 § 9. Subdivision 10-b of section 243 of the military law, as added by
22 chapter 152 of the laws of 2011, is amended to read as follows:
23 10-b. If a public employer consolidates, abolishes, displaces, or
24 demotes a position, in accordance with section eighty[, eighty-a] or
25 eighty-five of the civil service law, which is occupied by a public
26 employee currently on active duty with the armed forces of the United
27 States, as pursuant to title ten, fourteen or thirty-two of the United
28 States code, such employer shall comply with subdivisions eleven and
29 twelve of this section and, upon the termination of the public employ-
30 ee's active duty, as defined in title ten, fourteen or thirty-two of the
31 United States code, such public employer shall provide full re-employ-
32 ment rights warranted to such employee under the Federal Uniformed
33 Services Employment and Reemployment Rights Act of 1994, provided,
34 however, the right of re-employment under this subdivision does not
35 entitle such employee to displacement rights over any person with great-
36 er seniority. Such public employer shall not abolish any position or
37 positions solely based upon the fact that the position or positions are
38 currently filled by an individual or individuals engaged in military
39 duty.
40 § 10. Nothing in this act shall be construed to impede, infringe, or
41 diminish any rights or benefits relating to the suspension or demotion
42 upon the abolition or reduction of positions for employees in the non-
43 competitive class or the labor class which employees are afforded
44 through a bona fide collective bargaining agreement, or otherwise dimin-
45 ish the integrity of existing or future collective bargaining agreements
46 and other past practices.
47 § 11. This act shall take effect on the ninetieth day after it shall
48 have become a law.
