NY State Senate Bill 2015-S303

Senate Bill S303

2015-2016 Legislative Session

Relates to suspension or demotion upon abolition or reduction of positions for labor class titles

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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
Jan 06, 2016	referred to civil service and pensions
Jan 07, 2015	referred to civil service and pensions

2015-S303 (ACTIVE) - Details

See Assembly Version of this Bill:: A7094
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §80, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7443, A7780
2013-2014: S7599, A7218
2017-2018: S2329, A7760

2015-S303 (ACTIVE) - Summary

Relates to suspension or demotion upon abolition or reduction of positions for labor class titles; provides that incumbents in titles in the labor class that have taken the exam and been promoted to the position of a permanent incumbent, who is suspended or displaced upon abolition or reduction in positions, shall displace incumbents serving in the next lower occupied title in the labor class.

2015-S303 (ACTIVE) - Sponsor Memo

2015-S303 (ACTIVE) - Bill Text download pdf

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

                                   303

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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 suspension or
  demotion upon the abolition or reduction of positions for labor  class
  titles

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

  Section 1. Subdivision 6 of section 80 of the civil  service  law,  as
added  by  chapter 283 of the laws of 1972 and renumbered by chapter 360
of the laws of 1985, is amended to read as follows:
  6. Displacement in civil divisions. A permanent incumbent of  a  posi-
tion  in a civil division in a specific title to which there is a direct
line of promotion, OR WHERE INCUMBENTS IN TITLES IN THE LABOR CLASS  WHO
HAVE  TAKEN  THE  EXAM  AND BEEN PROMOTED TO THE POSITION OF A PERMANENT
INCUMBENT  PURSUANT  TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  who  is
suspended or displaced pursuant to this section, together with all other
such incumbents suspended or displaced at the same time, shall displace,
in  the  inverse order of the order of suspension or demotion prescribed
in subdivisions one and two of this section, incumbents serving in posi-
tions in the same lay-off unit in  the  next  lower  occupied  title  in
direct  line  of  promotion  OR IN THE TITLE IN THE LABOR CLASS IN WHICH
INCUMBENTS WERE EXTENDED THE OPPORTUNITY TO TAKE THE  PROMOTIONAL  EXAM-
INATION  FOR THE POSITION OF THE SUSPENDED OR DISPLACED PERMANENT INCUM-
BENT PURSUANT TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  who  shall  be
displaced  in the order of suspension or demotion prescribed in subdivi-
sions one and two of this section; provided, however, that no  incumbent
shall displace any other incumbent having greater retention standing. If
a  permanent incumbent of a position in a civil division is suspended or
displaced from a position in a title for which there are no lower  level
occupied  positions  in  direct line of promotion, he shall displace the

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

                                                           LBD01916-01-5

S. 303                              2

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  competitive  OR  LABOR  class,  (b)  the
layoff  unit  from  which  the  displacing  incumbent  was  suspended or
displaced, and (c) a lower salary grade than the position 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 subdivi-
sion constitutes waiver of rights under this subdivision with respect to
the  suspension or displacement on account of which the refused appoint-
ment is afforded. The municipal civil service commission  shall  promul-
gate  rules  to  implement  this  subdivision  including rules which may
provide adjunctive opportunities for displacement either to positions in
direct line of promotion or to formerly held positions; provided, howev-
er, that no such rule shall permit an incumbent to  displace  any  other
incumbent  having greater retention standing. For the purpose of acquir-
ing preferred list rights, displacement pursuant to this subdivision  is
the  equivalent of suspension or demotion pursuant to subdivision one of
this section.
  S 2. This act shall take effect immediately.

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