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A11223 Summary:

BILL NOA11223
 
SAME ASSAME AS S08973
 
SPONSORRules (Abbate)
 
COSPNSR
 
MLTSPNSR
 
Amd 75, Civ Serv L
 
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.
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A11223 Memo:

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.
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A11223 Text:



 
                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
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