S05655 Summary:

Add Art 2 Title A-1 §§13 - 13-e, Civ Serv L
Relates to implementing equal employment opportunity and affirmative action for classified civil service positions in the service of the state; requires that each agency have a full-time affirmative action officer that reports directly to the agency head.
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S05655 Actions:

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S05655 Committee Votes:

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S05655 Floor Votes:

There are no votes for this bill in this legislative session.
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S05655 Memo:

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S05655 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                     March 15, 2021
        Introduced  by  Sen.  PARKER -- 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 implementing equal
          employment opportunity and affirmative  action  for  classified  civil
          service positions in the service of the state

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Article 2 of the civil service law is amended by  adding  a
     2  new title A-1 to read as follows:
     3                                  TITLE A-1
     5  Section 13.   Statement of policy.
     6          13-a. Definitions.
     7          13-b. Equal employment opportunity; duties of president.
     8          13-c. Executive committee for affirmative action.
     9          13-d. Development   and  implementation  of  affirmative  action
    10                  programs.
    11          13-e. Affirmative action advisory council.
    12    § 13. Statement of policy. It shall be the policy of this  state  that
    13  equal  employment  opportunity be afforded to all persons in and seeking
    14  to enter state service, and that affirmative action be provided  in  the
    15  administration  of  this chapter, in accordance with the requirements of
    16  the human rights law (article fifteen of  the  executive  law)  and  the
    17  mandates  of  Title VII of the federal Civil Rights Act. Accordingly, it
    18  shall be the responsibility of the department  to  enforce  the  state's
    19  policy  of  ensuring  full  and  equal employment for minorities, women,
    20  persons with disabilities and veterans at all  classified  positions  of
    21  state service.
    22    § 13-a. Definitions. For the purposes of this title:
    23    1. "Advisory council" shall mean the affirmative action advisory coun-
    24  cil established by section thirteen-e of this title.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5655                             2
     1    2. "Executive committee" shall mean the executive committee for affir-
     2  mative action established by section thirteen-c of this title.
     3    3.  "State  agency" shall have the same meaning as is ascribed to such
     4  term by subdivision eleven of section three hundred ten of the executive
     5  law, and any public authority or public benefit corporation  established
     6  pursuant to statute.
     7    4.  "Veteran"  shall have the same meaning as is ascribed to such term
     8  pursuant to subdivision three of section  three  hundred  fifty  of  the
     9  executive law.
    10    §  13-b. Equal employment opportunity; duties of president. The presi-
    11  dent shall:
    12    1. issue rules and regulations for the  preparation  of  annual  state
    13  agency  affirmative  action plans, and annual statewide goals and objec-
    14  tives for the employment of minorities, women, persons with disabilities
    15  and veterans. In  addition,  the  department  shall  provide  staff  and
    16  personnel  for  the  development  of comprehensive statewide affirmative
    17  action rules, regulations, policies, goals, objectives  and  implementa-
    18  tion strategies;
    19    2. in consultation with the executive committee, monitor the implemen-
    20  tation  of  the  written affirmative action plans of state agencies on a
    21  continuing basis, including the  need  for  revising  or  amending  such
    22  plans,  and  report  to  the governor and the legislature on a quarterly
    23  basis on the progress of incorporating its recommendations for improving
    24  and strengthening such plans;
    25    3. upon his or her finding of substantial  noncompliance  by  a  state
    26  agency  with  the requirements of this title, notify such agency of such
    27  finding and propose a remedial plan of action. The state  agency  shall,
    28  within  thirty  days  of receipt of such notification, either accept the
    29  president's remedial plan or submit an alternative remedial plan that is
    30  acceptable to the president. If the state agency fails  to  comply  with
    31  such requirement, the president may assume responsibility for the imple-
    32  mentation of a remedial plan of action until he or she is satisfied that
    33  the state agency will implement such plan;
    34    4.  annually  prepare and submit to the governor and the legislature a
    35  report of the composition of the workforce in  state  service  for  each
    36  state  agency by sex and ethnicity for all job categories, salary grades
    37  and civil service classifications.  The  president  shall  also  conduct
    38  studies  to  identify and resolve problems in eliminating underrepresen-
    39  tation and underutilization of minorities, women, persons with disabili-
    40  ties and veterans, and promulgate, amend and/or  repeal  any  rules  and
    41  regulations necessary to ensure equal employment opportunity for minori-
    42  ties,  women,  persons with disabilities and veterans.  Furthermore, the
    43  president shall make recommendations to the governor and the legislature
    44  relating to the adoption or amendment of laws for the same purpose; and
    45    5. in consultation with the executive committee, review  existing  and
    46  proposed procedures for the abolition of positions and reductions in the
    47  state's  workforce,  and  make  recommendations designed to minimize the
    48  effects of such procedures on women, minorities, persons with  disabili-
    49  ties and veterans.
    50    § 13-c. Executive committee for affirmative action. 1. There is hereby
    51  established  in  the  department  an executive committee for affirmative
    52  action. The executive committee  shall  be  composed  of  the  following
    53  members:
    54    (a) the president, who shall be the chair of the executive committee;
    55    (b)  the  commissioner of human rights, who shall be the vice-chair of
    56  the executive committee;

        S. 5655                             3
     1    (c) the secretary to the governor;
     2    (d) the appointments secretary to the governor;
     3    (e) the secretary of state;
     4    (f) the director of the budget;
     5    (g) the commissioner of labor;
     6    (h) the director of employee relations;
     7    (i) the director of the division for women;
     8    (j)  the chair of the state commission on quality of care and advocacy
     9  for persons with disabilities; and
    10    (k) the state director of veterans' affairs.
    11    2. The executive committee shall advise the governor and  legislature,
    12  and  assist  the president in the formulation and coordination of plans,
    13  policies and programs relating to affirmative action in  state  agencies
    14  and  in  ensuring  effective  implementation of such policies, plans and
    15  programs.
    16    3. Upon the written request of the executive committee, the head of  a
    17  state  agency shall appear before such committee and report in person on
    18  his or her agency's affirmative action program.  The executive committee
    19  shall schedule such an appearance by the head of each state agency,  and
    20  each such head shall provide the executive committee with any such data,
    21  information  and  reports  as  such committee shall request prior to the
    22  agency head's appearance.
    23    § 13-d. Development and implementation of affirmative action programs.
    24  1. Each state agency shall develop a written affirmative action program,
    25  which shall include the development of specific goals and timetables for
    26  the prompt achievement of full  and  equal  employment  opportunity  for
    27  minorities, women, persons with disabilities and veterans.  Each program
    28  shall  include an analysis of previous agency action to increase employ-
    29  ment opportunities for the members of such groups.  Every program  shall
    30  be  submitted  to  the  president  on or before June first, two thousand
    31  twenty-two and every third year thereafter.  The president shall  review
    32  and  evaluate each program submitted and, where necessary, shall provide
    33  assistance  to  state  agencies  in  improving  and  implementing   such
    34  programs.
    35    2. The head of each state agency shall designate an employee as his or
    36  her  agency's full-time affirmative action officer, and shall report the
    37  name of such affirmative action officer to the president and the  execu-
    38  tive  committee.  Every affirmative action officer shall report directly
    39  to the head of the state agency who appointed him or her  and  shall  be
    40  provided  by  the  state agency with such staff as shall be necessary to
    41  perform his or her duties. The number and level of staff shall be  based
    42  on  such factors as agency size, complexity, need for affirmative action
    43  and monies appropriated therefor.
    44    3. Annually, on or before March first, each state agency shall  submit
    45  a  report  to  the  executive committee and the president on affirmative
    46  action. Every such report shall be in a format established by the presi-
    47  dent and include information on the  agency's  employment  actions  with
    48  respect  to  minorities,  women, persons with disabilities and veterans.
    49  The report of each state agency shall identify  that  agency's  achieve-
    50  ments,  deficiencies,  proposed  solutions  to  problems,  the  need for
    51  external assistance and such other information as may be appropriate  or
    52  requested.
    53    4. Every state agency shall cooperate with the president and the exec-
    54  utive committee to provide any information, data and reports that may be
    55  requested from time to time.

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     1    5.  The  division  for  women,  the division of veterans' affairs, the
     2  state commission on quality of care and advocacy for persons with  disa-
     3  bilities  and  any  other  state agency designated by the governor shall
     4  assist the president and the other state agencies  to  comply  with  the
     5  provisions  of  this title, by providing expertise and guidance in their
     6  areas of special sensitivity and concern.
     7    § 13-e. Affirmative action advisory council. 1. There is hereby estab-
     8  lished in the department an affirmative action advisory  council.    The
     9  members  of  the  advisory council shall be the state agency affirmative
    10  action officers appointed pursuant to subdivision two of  section  thir-
    11  teen-d of this title. The meetings and proceedings of the advisory coun-
    12  cil  shall  be  conducted  pursuant  to  by-laws adopted by its members,
    13  subject to the approval of the president.
    14    2. The advisory council shall advise the president on all existing and
    15  proposed policies, procedures, practices and  programs  relating  to  or
    16  affecting affirmative action.
    17    3.  The advisory council shall submit a quarterly report on its activ-
    18  ities to the president.
    19    § 2. This act shall take effect immediately.
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