S T A T E O F N E W Y O R K
________________________________________________________________________
8837--A
I N S E N A T E
May 23, 2018
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the civil service law, in relation to provisional
employees of certain public employers; to amend chapter 5 of the laws
of 2008 amending the civil service law relating to provisional employ-
ees of certain public employers, in relation to extensions of certain
negotiated agreements and extending the provisions of such chapter;
and to amend part I of chapter 56 of the laws of 2008 amending the
civil service law relating to excess provisional employees of a city
having a population of one million or more, in relation to extending
the provisions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Statement of legislative findings and intent. The legisla-
ture hereby finds that the city of New York and other employers for
which the New York city department of citywide administrative services
("DCAS") manages civil service appointments ("the DCAS employers") have
made substantial progress in reducing the number of provisional appoint-
ments since the inception of the planning process created by chapter 5
of the laws of 2008. Through its implementation of automated systems for
processing civil service examinations and by increasing its staff of
professional examiners, DCAS has enhanced its capacity to administer
competitive examinations. These technological advancements, together
with DCAS's judicious administration of qualified incumbent examina-
tions, as authorized by chapter 467 of the laws of 2016, and the reclas-
sification of titles, as approved by the New York state civil service
commission, has led to a steady and continuing reduction in the total
number of provisional appointees in the New York city government work
force, and to a decrease in the number of those appointees who continue
in provisional status beyond the time limits set forth in section 65 of
the civil service law. The legislature finds that the constitutional
mandate of making appointments and promotions "according to merit and
fitness to be ascertained, as far as practicable, by examinations which,
as far as practicable, shall be competitive," would be furthered by
maintaining, for an additional defined period, the orderly planning and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15982-05-8
S. 8837--A 2
implementation process, including review by the state civil service
commission, originally established by that chapter and later extended by
chapter 284 of the laws of 2014 and by chapter 467 of the laws of 2016.
Despite the progress DCAS has made, the difficulties created by the
large number of affected titles and employees, and the potential opera-
tional and budgetary dislocation, as well as potential difficulties in
labor relations, that would be caused by rapid turnover in the many
remaining titles, require that DCAS continue to further the constitu-
tional mandate by the means authorized by chapter 467 of the laws of
2016. In particular, thousands of provisional employees have crucial
experience in implementing and directing key initiatives that benefit
the public. Therefore, in addition to the substantial regimen of compet-
itive testing that was contained in previous plans as well as proposed
reclassification of titles where appropriate, DCAS is authorized to
continue to administer an examination to provisional employees with
specified qualifications and experience. This examination, in the
context of the present plan, will facilitate lawful appointment of these
employees to permanent competitive class positions, and thereby acceler-
ate the transition of the DCAS employers to a system that does not
require substantial use of provisional appointments.
§ 2. Subparagraph (ii) of paragraph (c-2) of subdivision 5 of section
65 of the civil service law, as added by chapter 467 of the laws of
2016, is amended to read as follows:
(ii) DCAS may administer a QIE only for those titles that are set
forth in section four of [the] chapter FOUR HUNDRED SIXTY-SEVEN of the
laws of two thousand sixteen, OR IN SECTION FIVE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND EIGHTEEN that [added] AMENDED this [paragraph]
SUBPARAGRAPH.
§ 3. Subdivision 5 of section 65 of the civil service law is amended
by adding a new paragraph (c-4) to read as follows:
(C-4) ADDITIONAL PLAN REVISION FOR PROVISIONAL EMPLOYEES. WITHIN SIXTY
DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, THE DCAS EMPLOYERS
SHALL BE REQUIRED TO SUBMIT TO THE STATE COMMISSION FOR ITS APPROVAL A
SINGLE COMPREHENSIVE REVISION OF THE PLAN PREPARED PURSUANT TO PARAGRAPH
(B) OF THIS SUBDIVISION, TO BE IMPLEMENTED BY DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, TO FURTHER REDUCE THE NUMBER OF PROVISIONAL
APPOINTMENTS THAT HAVE CONTINUED BEYOND THE PERIODS OTHERWISE PERMITTED
BY THIS SECTION. SUCH REVISED PLAN MAY ADDITIONALLY CONTAIN ANY ELEMENTS
OR MEANS OF IMPLEMENTATION AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVI-
SION. THE REVISED PLAN SHALL BE SUPPORTED BY APPROPRIATE DOCUMENTATION
AND EXPLANATION, AND THE INFORMATION CONTAINED IN THE PLAN SHALL BE
CONFIRMED BY THE COMMISSIONER OF DCAS AS ACCURATE TO THE BEST OF HIS OR
HER KNOWLEDGE, BASED ON A REASONABLE INQUIRY BY DCAS INTO THE FACTS SET
FORTH THEREIN. WITHIN SIXTY DAYS OF THE SUBMISSION OF SUCH PLAN, THE
STATE COMMISSION SHALL APPROVE THE REVISED PLAN, WITH OR WITHOUT RECOM-
MENDED CHANGES, OR DISAPPROVE IT. THE APPROVAL PROCESS SHALL OTHERWISE
CONFORM TO THE TIMEFRAMES AND PROCEDURES SET FORTH IN PARAGRAPH (C) OF
THIS SUBDIVISION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS
SUBDIVISION, THIS SUBDIVISION SHALL NO LONGER BE IN FORCE AND EFFECT IF
NO REVISED PLAN HAS BEEN APPROVED BY THE STATE COMMISSION WITHIN EIGH-
TEEN MONTHS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.
§ 4. Paragraphs (d), (f) and (g) of subdivision 5 of section 65 of the
civil service law, as amended by chapter 467 of the laws of 2016, are
amended to read as follows:
(d) Modifications of the plan. During the course of implementing the
plan developed, approved and revised in accordance with paragraphs (b),
S. 8837--A 3
(c), (c-1) [and], (c-3) AND (C-4) of this subdivision, if the DCAS
employers determine that there is a need to modify the plan, they shall
submit a request for modification of the plan to the state commission.
Such request shall detail the circumstances that have arisen necessitat-
ing the request, including but not limited to unforeseen demands upon
resources, unforeseen projected impacts upon the provision of public
services, or a finding that implementation of any part of the plan is
impracticable, unduly burdensome or otherwise likely to prevent the
successful implementation of the plan or any aspect thereof. The state
commission shall act upon the request for modification within sixty
days. The state commission may in its discretion approve the modifica-
tion, approve the modification with recommended changes, or disapprove
the modification; provided, however, that if the state commission takes
no action within such period, it shall be deemed to have approved the
modification, and provided further that if the changes recommended by
the state commission are not accepted by the DCAS employers within thir-
ty days, the modification shall be deemed disapproved. Notwithstanding
any inconsistent provision of this paragraph, where a modification is
insubstantial, and will not materially affect the ability of the DCAS
employers to reduce the number of provisional appointments in accordance
with paragraph (c-1) [or], (c-3) OR (C-4), as applicable, of this subdi-
vision, DCAS may so certify and the modification may be implemented and
shall be filed by DCAS with the state commission within five business
days. In the event that a request for modification is disapproved, the
plan previously in effect shall remain in effect, provided that the DCAS
employers may at any time submit a new proposed modification. Any
modification approved pursuant to this paragraph may extend the duration
of a plan to a date no more than one year beyond the two-year period
authorized by paragraph (c-3) of this subdivision.
(f) Time limitation. Notwithstanding any inconsistent provision of
this chapter or any other law or rule to the contrary, the provisions of
subdivision two of this section shall not apply to DCAS employers upon
the effective date of chapter five of the laws of two thousand eight,
and during the timely submission, approval and implementation of a plan
in accordance with paragraphs (b), (c) and (e) of this subdivision, and
of revised plans in accordance with paragraphs (c-1) [and], (c-3) AND
(C-4) of this subdivision. The provisions of subdivision two of this
section shall be applicable to any provisional employee serving in a
position for which an appropriate eligible list has been established
pursuant to such plan or revised plans, unless such list is not adequate
to fill all positions then held on a provisional basis or is exhausted
immediately following its establishment.
(g) Agreements governing disciplinary procedures. Notwithstanding any
inconsistent provision of this chapter or any other law or rule to the
contrary, any DCAS employer and an employee organization, as such term
is defined in article fourteen of this chapter, may enter into agree-
ments to provide disciplinary procedures applicable to provisional
appointees or categories thereof who have served for a period of twen-
ty-four months or more in a position which is covered by such an agree-
ment. No such provisional employee shall be deemed to be permanently
appointed under such circumstances, nor may such disciplinary procedures
be deemed to preclude removal of an employee as a result of the estab-
lishment of and appointments from an appropriate eligible list or in
accordance with any other provision of law. Any such agreement may apply
upon the effective date of chapter five of the laws of two thousand
eight, and during the timely submission, approval and implementation of
S. 8837--A 4
a plan in accordance with paragraphs (b), (c) and (e) of this subdivi-
sion, and of revised plans in accordance with paragraphs (c-1) [and],
(c-3) AND (C-4) of this subdivision, and shall not apply to any provi-
sional employee serving in a position for which an appropriate eligible
list has been established pursuant to a plan approved in accordance with
this subdivision unless such list is not adequate to fill all positions
then held on a provisional basis or is exhausted immediately following
its establishment.
§ 5. Subdivision 5 of section 65 of the civil service law is amended
by adding a new paragraph (h) to read as follows:
(H) (I) IF THE DCAS EMPLOYERS ARE NOT IN SUBSTANTIAL COMPLIANCE WITH
THE TIME PERIODS PERMITTED BY SUBDIVISIONS ONE, TWO, THREE AND FOUR OF
THIS SECTION BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, AS SET
FORTH IN THE REPORT SUBMITTED BY DCAS PURSUANT TO SUBPARAGRAPH (II) OF
THIS PARAGRAPH, THEN AN ADVISORY WORKGROUP FOR PROVISIONAL APPOINTMENTS
IN THE CITY OF NEW YORK ("ADVISORY WORKGROUP") SHALL BE ESTABLISHED. THE
ADVISORY WORKGROUP SHALL CONSIST OF SIX MEMBERS, ONE OF WHOM SHALL BE
APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL BE APPOINTED BY THE SPEAKER
OF THE ASSEMBLY, ONE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESI-
DENT OF THE SENATE, TWO OF WHOM SHALL BE APPOINTED BY THE MAYOR OF THE
CITY OF NEW YORK, INCLUDING ONE RECOMMENDED BY THE CITYWIDE BARGAINING
REPRESENTATIVE, AND ONE OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER
OF THE NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES
(DCAS). THE ADVISORY WORKGROUP SHALL BE CHAIRED BY A MEMBER DESIGNATED
BY THE MAYOR. THE ADVISORY WORKGROUP SHALL SUBMIT TO THE GOVERNOR, THE
STATE LEGISLATURE AND THE MAYOR A SINGLE RECOMMENDED PLAN FOR THE DCAS
EMPLOYERS TO SUBSTANTIALLY COMPLY WITH THE TIME PERIODS PERMITTED BY
SUBDIVISIONS ONE, TWO, THREE AND FOUR OF THIS SECTION, TO BE ADOPTED BY
OR PURSUANT TO STATE LEGISLATION. FOR THE PURPOSES OF THIS PARAGRAPH,
"SUBSTANTIAL COMPLIANCE" SHALL HAVE THE SAME MEANING AS PROVIDED IN
PARAGRAPH (B) OF THIS SUBDIVISION. SUCH RECOMMENDED PLAN MAY INCLUDE,
BUT SHALL NOT BE LIMITED TO, A SCHEDULE FOR ADMINISTRATION OF EXAMINA-
TIONS AND ESTABLISHMENT OF ELIGIBLE LISTS, A DETERMINATION OF ADDITIONAL
APPROPRIATE EXISTING OR PLANNED ELIGIBLE LISTS THAT MAY BE USED, CONSOL-
IDATION OF TITLES THROUGH APPROPRIATE RECLASSIFICATION, AND ANY OTHER
LAWFUL AND APPROPRIATE MEANS OF IMPLEMENTATION. THE RECOMMENDED PLAN
SHALL TO THE EXTENT PRACTICABLE BE SUPPORTED BY APPROPRIATE DOCUMENTA-
TION AND EXPLANATION.
(II) DCAS SHALL SUBMIT A PROGRESS REPORT TO THE GOVERNOR, SPEAKER OF
THE ASSEMBLY, TEMPORARY PRESIDENT OF THE SENATE AND THE MAYOR OF THE
CITY OF NEW YORK NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY. SUCH REPORT SHALL CONTAIN NUMBERS THAT ARE AS CURRENT AS PRACTICABLE
AND SHALL INCLUDE THE TOTAL NUMBER OF PROVISIONAL APPOINTMENTS REMAIN-
ING, THE NUMBER OF PROVISIONAL APPOINTMENTS THAT HAVE BEEN REDUCED, THE
NUMBER OF PROVISIONAL APPOINTMENTS THAT STILL NEED TO BE REDUCED IN
ORDER TO ACHIEVE SUBSTANTIAL COMPLIANCE AS PROVIDED BY PARAGRAPH (B) OF
THIS SUBDIVISION, AND A STATEMENT OF WHETHER DCAS BELIEVES SUBSTANTIAL
COMPLIANCE WITH THE TIMEFRAMES PERMITTED BY THIS SECTION AS PROVIDED BY
PARAGRAPH (B) OF THIS SUBDIVISION CAN BE ACHIEVED BY DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-ONE.
§ 6. The New York city department of citywide administrative services,
acting pursuant to paragraph (c-2) of subdivision 5 of section 65 of the
civil service law, as amended by section two of this act, may administer
qualified incumbent examinations, in addition to examinations authorized
to be administered pursuant to chapter 467 of the laws of 2016, in
connection with appointment to the following titles:
S. 8837--A 5
10070 ADMINISTRATIVE BENEFITS MANAGER (TRANSIT AUTHORITY)
10054 ADMINISTRATIVE BLASTING INSPECTOR
10014 ADMINISTRATIVE CONSULTANT (EARLY CHILDHOOD EDUCATION)
10028 ADMINISTRATIVE NUTRITIONIST
10029 ADMINISTRATIVE PROBATION OFFICER
82997 ADMINISTRATIVE TRANSIT CUSTOMER SERVICE SPECIALIST
21215 ARCHITECT
91504 ASSISTANT CAPTAIN (FERRY SERVICE)
20210 ASSISTANT CIVIL ENGINEER
20310 ASSISTANT ELECTRICAL ENGINEER
20410 ASSISTANT MECHANICAL ENGINEER
71141 ASSOCIATE FINGERPRINT TECHNICIAN
22508 ASSOCIATE HOUSING DEVELOPMENT SPECIALIST
31640 ASSOCIATE INSPECTOR (BOILERS)
31644 ASSOCIATE INSPECTOR (ELEVATOR)
31647 ASSOCIATE INSPECTOR (HOISTS AND RIGGING)
31695 ASSOCIATE INSPECTOR (HOUSING CONSTRUCTION)
31676 ASSOCIATE INSPECTOR (LOW PRESSURE BOILERS)
31649 ASSOCIATE INSPECTOR (PLUMBING)
21514 ASSOCIATE LABORATORY MICROBIOLOGIST
34193 ASSOCIATE QUALITY ASSURANCE SPECIALIST (FUEL)
34196 ASSOCIATE QUALITY ASSURANCE SPECIALIST (PUPIL TRANSPORTATION)
80122 ASSOCIATE REAL PROPERTY MANAGER
31685 ASSOCIATE REHABILITATION SPECIALIST (HPD)
60866 ASSOCIATE TRANSIT CUSTOMER SERVICE SPECIALIST
92501 AUTO BODY WORKER
20130 AUTOMOTIVE SPECIALIST
92305 BLACKSMITH
92306 BLACKSMITH'S HELPER
90751 BOILER MAKER
91805 BRIDGE PAINTER
91510 CAPTAIN (FERRY)
92605 CAR MAINTAINER - GROUP B
91810 CAR MAINTAINER - GROUP C
90706 CARRIAGE UPHOLSTERER
30726 CLAIM SPECIALIST
91900 COLLECTION SUPERVISOR (REVENUE)
51014 CONSULTANT PUBLIC HEALTH NURSE (COMMUNICABLE DISEASES)
50310 DIETITIAN
40910 ECONOMIST
20302 ELECTRICAL ENGINEERING INTERN
20113 ENGINEERING TECHNICIAN
20123 ESTIMATOR (MECHANICAL)
81560 FERRY TERMINAL SUPERVISOR
71105 FINGERPRINT TECHNICIAN TRAINEE
90716 GLAZIER
91415 GRAPHIC ARTIST
81901 HOSTLER
33995 INSPECTOR (CONSUMER AFFAIRS)
31627 INSPECTOR (HOISTS AND RIGGING)
31690 INSPECTOR (HOUSING CONSTRUCTION)
31671 INSPECTOR (LOW PRESSURE BOILERS)
31629 INSPECTOR (PLUMBING)
31656 INSPECTOR MULTI DISCIPLINE
3165A INSPECTOR MULTI DISCIPLINE ABI L211
91000 INSTRUMENTATION SPECIALIST TRAINEE
S. 8837--A 6
40235 INSURANCE ADVISOR
12752 LABOR RELATIONS ANALYST TRAINEE
21513 LABORATORY MICROBIOLOGIST
21306 LANDSCAPE ARCHITECTURAL INTERN
30081 LEGAL COORDINATOR
1022A LEGAL SECRETARIAL ASSISTANT AL 2-3-4 ONLY
91825 LETTERER AND SIGN PAINTER
90723 LOCKSMITH
91878 MAINTENANCE SUPERVISOR (ELEVATORS AND ESCALATORS)
91882 MAINTENANCE SUPERVISOR (POWER ELECTRONICS)
91883 MAINTENANCE SUPERVISOR (SIGNALS)
91886 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP A-CARPENTRY)
91888 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP C-IRON WORK)
91891 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP F-PAINTING)
91894 MAINTENANCE SUPERVISOR (TELEPHONES)
91544 MARINE ENGINEER (DC)
92587 MARINE MAINTENANCE MECHANIC
20403 MECHANICAL ENGINEERING INTERN
91225 METAL WORK MECHANIC
30505 MORTGAGE TAX EXAMINER
91210 MOTOR GRADER OPERATOR
91232 MOTOR VEHICLE SUPERVISOR
22401 MULTIPLE DWELLING SPECIALIST (BUILDINGS)
91237 OIL BURNER SPECIALIST
90610 PHOTOGRAPHER
91752 POWER ELECTRONIC MAINTAINER
91738 POWER MAINTAINER, GROUP B
71165 PRINCIPAL FINGERPRINT TECHNICIAN
22402 PRINCIPAL MULTIPLE DWELLING SPECIALIST (BUILDINGS)
92123 PRINTING PRESS OPERATOR
51800 PROBATION ASSISTANT
51801 PROBATION OFFICER TRAINEE
60621 PROGRAM PRODUCER
51195 PUBLIC HEALTH ADVISOR (SCHOOL HEALTH)
81805 PUBLIC HEALTH ASSISTANT
81815 PUBLIC HEALTH ASSISTANT (SCHOOL HEALTH)
34172 QUALITY ASSURANCE SPECIALIST (AUTOMOTIVE EQUIPMENT)
34176 QUALITY ASSURANCE SPECIALIST (FOODS)
34183 QUALITY ASSURANCE SPECIALIST (PUPIL TRANSPORTATION)
34170 QUALITY ASSURANCE SPECIALIST TRAINEE
80102 REAL PROPERTY ASSISTANT
90736 RUBBER TIRE REPAIRER
21538 SCIENTIST (WATER ECOLOGY)
20131 SENIOR AUTOMOTIVE SPECIALIST
51638 SENIOR CONSULTANT (PUBLIC HEALTH SOCIAL WORK)
51263 SENIOR MENTAL HEALTH WORKER
12176 SENIOR SALVAGE APPRAISER
51239 STAFF AUDIOLOGIST
91840 STRUCTURE MAINTAINER - GROUP F
91845 STRUCTURE MAINTAINER - GROUP G
92170 SUPERVISING BOOKBINDER
81660 SUPERVISING DOCKMASTER
51196 SUPERVISING PUBLIC HEALTH ADVISOR (SCHOOL HEALTH)
51193 SUPERVISING PUBLIC HEALTH ADVISOR
90776 SUPERVISOR BOILER MAKER
91871 SUPERVISOR BRIDGE PAINTER
S. 8837--A 7
90778 SUPERVISOR GLAZIER
92376 SUPERVISOR OF IRONWORK
21015 SURVEYOR
91215 TRACTOR OPERATOR
31715 TRAFFIC CONTROL INSPECTOR
13116 TRANSIT MANAGEMENT ANALYST TRAINEE
20822 TRANSIT RAILCAR TECHNOLOGY SPECIALIST (OPERATIONS)
20820 TRANSIT RAILCAR TECHNOLOGY SPECIALIST INTERN
92355 WELDER
91611 CRANE OPERATOR (ANY MOTIVE POWER EXCEPT STEAM)
§ 7. Sections 3 and 5 of chapter 5 of the laws of 2008, amending the
civil service law relating to provisional employees of certain public
employers, as amended by chapter 467 of the laws of 2016, are amended to
read as follows:
§ 3. Any agreement or extension thereof entered into pursuant to para-
graph (g) of subdivision 5 of section 65 of the civil service law, as
added by section two of this act and subsequently amended in 2014 [and],
2016 AND 2018, may include protections for provisional employees who
were covered, prior to the effective date of this act, by agreements
similar to those authorized by such paragraph. Any agreement or exten-
sion thereof entered into pursuant to such paragraph may include, but
shall not be limited to, the appropriate arbitration, adjudication or
other disposition of disciplinary or other matters concerning provi-
sional employees that were pending on the effective date of this act.
§ 5. This act shall take effect immediately, and shall expire December
31, [2018] 2021 when upon such date the provisions of this act shall be
deemed repealed.
§ 8. Section 2 of part I of chapter 56 of the laws of 2008, amending
the civil service law relating to excess provisional employees of a city
having a population of one million or more, as amended by chapter 467 of
the laws of 2016, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed December 31, [2018] 2021.
§ 9. If any section, subdivision, paragraph, clause, sentence, phrase
or other portion of this act is, for any reason, declared unconstitu-
tional or invalid, in whole or in part, by any court of competent juris-
diction, such portion shall be deemed severable, and such unconstitu-
tionality or invalidity shall not affect the validity of the remaining
portions of this act, which remaining portions shall continue in full
force and effect.
§ 10. This act shall take effect immediately; provided, however, that
the amendments to subdivision 5 of section 65 of the civil service law
made by sections two, three, four and five of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith;
and provided further that the amendments to section 3 of chapter 5 of
the laws of 2008 made by section seven of this act shall not affect the
repeal of such section and shall be deemed repealed therewith; and
provided further that eligible lists and appointments resulting from the
qualified incumbent examinations administered pursuant to paragraph
(c-2) of subdivision 5 of section 65 of the civil service law, as
amended by section two of this act, shall not be affected by the expira-
tion and repeal of such subdivision.