S T A T E   O F   N E W   Y O R K
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    S. 5548                                                  A. 8330

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 15, 2009
                               ___________

IN  SENATE -- Introduced by Sen. SAVINO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Civil Service
  and Pensions

IN ASSEMBLY -- Introduced by 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 layoff and recall
  rights and disciplinary hearings for certain employees in the non-com-
  petitive and labor class

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 80-a of the civil service law, as added by chapter
283 of the laws of 1972, subdivision 2 as amended by chapter 376 of  the
laws  of  1977,  and  subdivision 3 as added and subdivisions 4 and 5 as
renumbered by chapter 360 of the laws of 1985, is  amended  to  read  as
follows:
  S 80-a. Suspension  or  demotion  upon  the  abolition or reduction of
non-competitive class positions [in the state service] AND  LABOR  CLASS
POSITIONS.  1.    Suspension  or  demotion.  Where,  because of economy,
consolidation or abolition of functions, curtailment  of  activities  or
otherwise, positions in the non-competitive class [of the state service]
OR LABOR CLASS are abolished or reduced in rank or salary grade, suspen-
sion  or  demotion,  as  the case may be, among incumbents having tenure
protection pursuant to [paragraph] PARAGRAPHS (c) AND (F) of subdivision
one of section seventy-five of this [chapter] ARTICLE  and  holding  the
same or similar positions shall be made in the inverse order of original
appointment on a permanent basis in the classified service [of the state
service],  subject  to  the  provisions  of subdivision seven of section
eighty-five of  this  chapter;  provided,  however,  that  the  date  of
original  appointment  of  any such incumbent who was transferred to the
state service from another governmental jurisdiction upon  the  transfer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11783-01-9
              

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of  functions  shall  be the date of original appointment on a permanent
basis in the classified service  in  the  service  of  the  governmental
jurisdiction  from  which  such transfer was made.   Notwithstanding the
provisions of this subdivision, however, upon the abolition or reduction
of  positions  in  the  non-competitive class OR LABOR CLASS, incumbents
holding the same or similar  positions  who  have  not  completed  their
probationary  service shall be suspended or demoted, as the case may be,
before any permanent incumbents, and among such  probationary  employees
the  order  or  suspension  or  demotion  shall be determined as if such
employees were permanent incumbents.
  2. Continuous service. Except as otherwise provided  herein,  for  the
purposes  of  this section, [in the state service] the original appoint-
ment of an incumbent shall mean the date of his first appointment  on  a
permanent basis in the classified service followed by continuous service
in  the  classified  service  on a permanent basis up to the time of the
abolition or reduction of the non-competitive class POSITIONS  OR  LABOR
CLASS  POSITIONS.    An employee who has resigned and who has been rein-
stated or reappointed in the service within one year  thereafter  shall,
for  the purposes of this section, be deemed to have continuous service.
An employee who has been terminated because of  a  disability  resulting
from  occupational injury or disease as defined in the [workmen's] WORK-
ERS' compensation law and who has been reinstated or reappointed in  the
service  thereafter shall be deemed to have continuous service. A period
of employment on a temporary or provisional basis, or in  the  unclassi-
fied  service, immediately preceded and followed by permanent service in
the classified service, shall not constitute an interruption of  contin-
uous  service  for  the  purposes of this section; nor shall a period of
leave of absence without pay pursuant to law or the rules of  the  civil
service  commission  having  jurisdiction, or any period during which an
employee is suspended  from  his  position  pursuant  to  this  section,
constitute  an  interruption  of  continuous service for the purposes of
this section.
  3. Interrupted service. [A state] AN employee who has resigned and who
has been reinstated or reappointed in the service  more  than  one  year
thereafter  shall be credited with any previous [state] service rendered
prior to his or her resignation to which he or she would have been enti-
tled for  the  purposes  of  this  section  but  for  such  resignation;
provided,  however,  that  any  time  out of the service exceeding three
years shall be subtracted from the employee's previous [state]  service.
In  such  instances, continuous service shall be deemed to have begun on
the date which precedes the otherwise applicable date for the  commence-
ment  of  continuous  service by the period of actual creditable service
provided by this subdivision.
  4. Units for suspension or demotion. The president may, by regulation,
designate as  separate  units  for  suspension  or  demotion  under  the
provisions  of  this section any state hospital, institution or facility
or any division of any state department or agency  or  specified  hospi-
tals, institutions and facilities of a single state department or agency
within a particular geographic area as determined by the president. Upon
the  abolition or reduction of positions in the [state] service, suspen-
sion or demotion, as the case may be, shall be made from among employees
holding the same or similar positions in  the  department  wherein  such
abolition  or  reduction  occurs,  except  that  where such abolition or
reduction occurs in a separate unit for suspension  or  demotion  desig-
nated  by  regulation  of the president, suspension or demotion shall be

S. 5548                             3                            A. 8330

made from among incumbents holding the same or similar positions in such
separate unit.
  5. Displacement. A permanent incumbent having tenure protection pursu-
ant  to  [paragraph] PARAGRAPHS (c) OR (F) of subdivision one of section
seventy-five of this chapter who served in a position in [state] service
and who was suspended or displaced from such position pursuant  to  this
section  shall  displace  the  incumbent  with the least retention right
pursuant to subdivisions one and two of this section who is serving in a
position in the title in which the displacing incumbent last served on a
permanent basis prior to service in one or more positions in  the  title
from  which  he  is  suspended  or displaced, if: (1) the service of the
displacing incumbent while in such former title was satisfactory and (2)
the position of the junior incumbent is in (a) the non-competitive class
OR LABOR CLASS, (b) the layoff unit from which the displacing  incumbent
was  suspended or displaced, and (c) a lower salary grade than the posi-
tion from which the displacing  incumbent  is  suspended  or  displaced;
provided,  however, that no incumbent shall displace any other incumbent
having greater retention standing. Refusal of appointment to a  position
afforded  by  this  subdivision  constitutes waiver of rights under this
subdivision with respect to the suspension or displacement on account of
which the refused appointment was afforded. The  [state  civil  service]
commission  shall promulgate rules to implement this subdivision includ-
ing rules which may provide adjunctive opportunities for displacement to
formerly held positions; provided, however,  that  no  such  rule  shall
permit  an  incumbent  to  displace  any  other incumbent having greater
retention standing.  For the purpose of acquiring preferred list rights,
displacement pursuant to this subdivision is the equivalent  of  suspen-
sion or demotion pursuant to subdivision one of this section.
  S  2. Subdivision 1 of section 75 of the civil service law, as amended
by chapter 942 of the laws of 1970, the opening paragraph and  paragraph
(d)  as amended and paragraph (e) as added by chapter 842 of the laws of
1985, paragraph (b) as amended by chapter 350 of the laws of  1989,  and
paragraph  (c) as amended by chapter 439 of the laws of 1986, is amended
to read as follows:
  1. Removal and other disciplinary action. A person described in  para-
graph  (a)  [or], paragraph (b), [or] paragraph (c), [or] paragraph (d),
[or] paragraph (e), OR PARAGRAPH (F) of this subdivision  shall  not  be
removed  or  otherwise subjected to any disciplinary penalty provided in
this section except for incompetency or misconduct shown after a hearing
upon stated charges pursuant to this section.
  (a) A person holding  a  position  by  permanent  appointment  in  the
competitive class of the classified civil service, or
  (b) a person holding a position by permanent appointment or employment
in  the  classified service of the state or in the several cities, coun-
ties, towns, or villages thereof, or in any  other  political  or  civil
division  of  the  state  or  of a municipality, or in the public school
service, or in any public or special district, or in the service of  any
authority,  commission  or  board,  or  in  any  other  branch of public
service, who  was  honorably  discharged  or  released  under  honorable
circumstances  from  the armed forces of the United States having served
therein as such member in time of war as defined in section  eighty-five
of this chapter, or who is an exempt volunteer firefighter as defined in
the  general municipal law, except when a person described in this para-
graph holds the position of private secretary, cashier or deputy of  any
official or department, or

S. 5548                             4                            A. 8330

  (c)  an employee holding a position in the non-competitive class other
than a position designated in the rules of the state or municipal  civil
service commission as confidential or requiring the performance of func-
tions  influencing  policy,  who  since  his last entry into service has
completed  at  least  [five years] ONE YEAR of continuous service in the
non-competitive class in a position or positions not  so  designated  in
the  rules  as  confidential  or  requiring the performance of functions
influencing policy, or
  (d) an employee in the service of the City of New York holding a posi-
tion as Homemaker or Home Aide in the non-competitive class,  who  since
his  last  entry into city service has completed at least three years of
continuous service in such position in the non-competitive class, or
  (e) an employee in the service of a police department within the state
of New York holding the position of detective  for  a  period  of  three
continuous years or more; provided, however, that a hearing shall not be
required  when  reduction  in rank from said position is based solely on
reasons  of  the  economy,  consolidation  or  abolition  of  functions,
curtailment of activities or otherwise, OR
  (F)  AN  EMPLOYEE  HOLDING  A  POSITION  IN  THE  LABOR  CLASS WHO HAS
COMPLETED ONE YEAR OF SERVICE IN A LABOR CLASS POSITION.
  S 3. This act shall take effect immediately.