NY State Senate Bill 2015-S4559

Senate Bill S4559

Signed By Governor

2015-2016 Legislative Session

Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions

download bill text pdf

Archive: Last Bill Status Via A5333 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	signed chap.525
Nov 30, 2015	delivered to governor
Jun 01, 2015	returned to assembly passed senate substituted for s4559
Jun 01, 2015	substituted by a5333
Apr 23, 2015	advanced to third reading
Apr 22, 2015	2nd report cal.
Apr 21, 2015	1st report cal.341
Mar 27, 2015	referred to civil service and pensions

Votes

- Jun 1, 2015 - Floor Vote
  A5333
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2015
      
      aye (60)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (3)
      
      Hassell-Thompson
      
      Libous
      
      Parker
  Apr 21, 2015 - Civil Service And Pensions Committee Vote
  S4559
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Apr 21, 2015
      
      aye (9)
      
      Addabbo Jr.
      
      Comrie
      
      Dilan
      
      Golden
      
      Lanza
      
      Martins
      
      Ritchie
      
      Sanders Jr.
      
      Savino
      
      aye wr (2)
      
      Croci
      
      Ortt

2015-S4559 (ACTIVE) - Details

See Assembly Version of this Bill:: A5333
Law Section:: Civil Service Law
Laws Affected:: Amd §80, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7075, A9887
2013-2014: S5720, A7019

2015-S4559 (ACTIVE) - Summary

Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions.

2015-S4559 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4559

TITLE OF BILL:

An act to amend the civil service law, in relation to the calculation
of seniority for purposes of layoffs or demotions

PURPOSE:

The purpose of this bill is to amend section 80 of the Civil Service
Law that pertains to suspension or demotion upon the abolition or
reduction of positions in the civil service as it applies to any
members of any police agency in the State other than those police
agencies already dealt with by subdivisions 1-a through 1-e of section
80.

SUMMARY OF PROVISIONS:

Section one of this bill would add a new subdivision 1-f to section 80
of the Civil Service Law to provide that in any police agency in the
State of New York other than those listed in subsections 1-a through
1-e of § 80, demotions or reductions in staff upon the abolition or
reduction of positions would be made in inverse order of original
appointment on a permanent basis in the grade or title in the service
of the governmental jurisdiction in which such abolition or reduction
of position occurs.

Section two of this bill provides that this act shall take effect
immediately.

JUSTIFICATION:

Under the current law, suspensions or demotions in the Civil Service
upon the abolition or reduction of positions must be made based upon
seniority, with demotions or reductions in force to be made in
"inverse order of original appointment on a permanent basis in the
classified service" (Civil Service Law § 80(1)). The spirit of the law
is to safeguard the employment of those employees with the most time
in the system, with the general principle being "last in - first out".
In the uniformed services, this law can have a reverse effect
essentially retaining employees with shorter tenures in the civil
service rank while demoting those with longer tenures in rank. For
example, a police officer with ten years in rank as a Sergeant would
have to be demoted before a police officer with 1 year in rank as a
Sergeant if the latter had more time in the classified service. As
mentioned above, several uniformed services operations have recognized
this inequity and obtained individual legislative amendments to
section 80 of the New York Civil Service Law requiring said demotions
and reductions to be made by "inverse order. of original appointment
on a permanent basis in the grade or title". We believe that this is
the preferred and equitable method to handle these issues within the
context of the police community and that it should be adopted
statewide, which this bill would do.

LEGISLATIVE HISTORY:

2014: S.5270-A - Passed the Senate


2013: S.5270-A - Referred to Civil Service and Pensions

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4559 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4559

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 27, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 the calculation of
  seniority for purposes of layoffs or demotions

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

  Section  1. Section 80 of the civil service law is amended by adding a
new subdivision 1-f to read as follows:
  1-F.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  SWORN  MEMBERS OF ANY POLICE AGENCY AS DEFINED IN SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, OTHER THAN POLICE  AGEN-
CIES  REFERRED  TO  IN  SUBDIVISIONS ONE-A THROUGH ONE-E OF THIS SECTION
SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE. WHERE, BECAUSE OF  ECONOMY,
CONSOLIDATION  OR  ABOLITION  OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR
OTHERWISE, POSITIONS IN THE COMPETITIVE CLASS ARE ABOLISHED  OR  REDUCED
IN  RANK  OR  SALARY  GRADE, SUSPENSION OR DEMOTION, AS THE CASE MAY BE,
AMONG INCUMBENTS HOLDING THE SAME OR SIMILAR POSITIONS SHALL BE MADE  IN
THE  INVERSE  ORDER  OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE
GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION IN  WHICH
SUCH  ABOLITION  OR  REDUCTION  OF  POSITIONS  OCCURS,  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  SUCH  GOVERNMENTAL  JURISDICTION  FROM
ANOTHER  GOVERNMENTAL  JURISDICTION UPON THE TRANSFER OF FUNCTIONS SHALL
BE THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE  CLASSI-
FIED  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 COMPETITIVE CLASS, INCUMBENTS
HOLDING  THE  SAME  OR  SIMILAR  POSITIONS  WHO HAVE NOT COMPLETED THEIR
PROBATIONARY SERVICES SHALL BE SUSPENDED OR DEMOTED, AS THE CASE MAY BE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00933-01-5

S. 4559                             2

BEFORE ANY PERMANENT INCUMBENTS, AND AMONG SUCH  PROBATIONARY  EMPLOYEES
THE  ORDER  OF  SUSPENSION  OR  DEMOTION  SHALL BE DETERMINED AS IF SUCH
EMPLOYEES WERE PERMANENT INCUMBENTS.
  S 2. This act shall take effect immediately.

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