NY State Assembly Bill 2017-A7760

Assembly Bill A7760

2017-2018 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar

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
Mar 22, 2018	advanced to third reading cal.717
Mar 20, 2018	reported
Jan 16, 2018	committed to governmental employees
Jan 03, 2018	ordered to third reading cal.548 returned to assembly died in senate
Jun 15, 2017	referred to rules delivered to senate passed assembly
May 25, 2017	advanced to third reading cal.570
May 23, 2017	reported
May 12, 2017	referred to governmental employees

co-Sponsors

2017-A7760 (ACTIVE) - Details

See Senate Version of this Bill:: S2329
Law Section:: Civil Service Law
Laws Affected:: Amd §80, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7780, S7443
2013-2014: A7218, S7599
2015-2016: A7094, S303

2017-A7760 (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.

2017-A7760 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7760
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2017
                                ___________
 
 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 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
 incumbent with the least retention right pursuant  to  subdivisions  one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07006-01-7

 A. 7760                             2
 
 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.
   § 2. This act shall take effect immediately.

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Assembly Bill A7760

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