S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2238
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN  ACT to amend the civil service law, in relation to requiring certain
   state agencies to employ a competitive class affirmative action  offi-
   cer or administrator

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2 of the civil service law is amended by  adding  a
 new title A-1 to read as follows:
 
                                 TITLE A-1
                     STATE AFFIRMATIVE ACTION OFFICERS
                            AND ADMINISTRATORS
 
 SECTION 13.   DEFINITION.
         13-A. AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS.
 
   §  13.  DEFINITION.  FOR  THE PURPOSES OF THIS ARTICLE, "STATE AGENCY"
 SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY PARAGRAPH (A)
 OF SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
   § 13-A. AFFIRMATIVE  ACTION  OFFICERS  AND  ADMINISTRATORS.  1.  EVERY
 AFFIRMATIVE  ACTION OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR EMPLOYED
 BY THE STATE OR A STATE AGENCY SHALL BE DEEMED TO BE IN STATE SERVICE IN
 A COMPETITIVE POSITION. THE DEPARTMENT  BY  RULE  AND  REGULATION  SHALL
 ESTABLISH  QUALIFICATIONS  AND  EXAM FOR EMPLOYMENT AND PROMOTION WITHIN
 THE AFFIRMATIVE ACTION CLASSIFICATION.
   2. EVERY AFFIRMATIVE ACTION OFFICER AND AFFIRMATIVE ACTION ADMINISTRA-
 TOR EMPLOYED BY A STATE AGENCY SHALL BE EMPLOYED BY AND REPORT  DIRECTLY
 TO  THE  HEAD  OF  SUCH  STATE AGENCY, AND SHALL NOT REPORT TO ANY OTHER
 PERSON OR PART OF ANY DEPARTMENT OF SUCH AGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06374-01-9
              

 A. 2238                             2
 
   3. THE DEPARTMENT SHALL, WITHIN SIX MONTHS OF THE  EFFECTIVE  DATE  OF
 THIS  SUBDIVISION, ESTABLISH A CONTINUING EDUCATION PROGRAM FOR AFFIRMA-
 TIVE ACTION OFFICERS AND  AFFIRMATIVE  ACTION  ADMINISTRATORS  IN  STATE
 SERVICE.  SUCH  PROGRAM  SHALL  PROVIDE  INFORMATION  ON AND A COURSE OF
 INSTRUCTION  IN THE NECESSARY SKILLS FOR AFFIRMATIVE ACTION OFFICERS AND
 ADMINISTRATORS, AND THE LAW, RULES AND REGULATIONS RELATING TO  AFFIRMA-
 TIVE ACTION, EQUAL EMPLOYMENT OPPORTUNITY AND HUMAN RIGHTS. EVERY AFFIR-
 MATIVE   ACTION  OFFICER  AND  AFFIRMATIVE  ACTION  ADMINISTRATOR  SHALL
 SUCCESSFULLY COMPLETE AFFIRMATIVE ACTION CONTINUING EDUCATION  AT  LEAST
 ONCE EVERY CALENDAR YEAR.  THE DEPARTMENT SHALL SCHEDULE AND PROVIDE FOR
 THE PROVISION OF SUCH PROGRAM IN EACH REGION OF THE STATE AT LEAST TWICE
 A MONTH.
   4.  EVERY  STATE  AGENCY  WHICH  EMPLOYS ONE HUNDRED OR MORE EMPLOYEES
 SHALL EMPLOY A FULL-TIME AFFIRMATIVE ACTION OFFICER OR FULL-TIME  AFFIR-
 MATIVE ACTION ADMINISTRATOR.  PROVIDED, THAT NO PERSON SHALL BE REQUIRED
 TO  TAKE AN EXAMINATION FOR A COMPETITIVE POSITION OF AFFIRMATIVE ACTION
 OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR UNTIL THE CONTINUING  EDUCA-
 TION  PROGRAM  ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION
 SHALL HAVE BEEN AVAILABLE FOR NOT LESS THAN TEN MONTHS. THE EXAMINATIONS
 FOR THE COMPETITIVE POSITIONS OF AFFIRMATIVE ACTION OFFICER AND AFFIRMA-
 TIVE ACTION ADMINISTRATOR SHALL BE INTERNALLY PREPARED  BY  THE  DEPART-
 MENT,  IN  CONSULTATION WITH A COMMITTEE, ESTABLISHED BY THE DEPARTMENT,
 COMPOSED OF ETHNICALLY AND GENDER DIVERSE EXAMINATION WRITERS. A MAJORI-
 TY OF THE MEMBERS OF SUCH COMMITTEE SHALL BE PERSONS  HOLDING  PERMANENT
 COMPETITIVE POSITIONS IN STATE SERVICE.
   5. EACH STATE AGENCY AFFIRMATIVE ACTION OFFICER OR STATE AGENCY AFFIR-
 MATIVE ACTION ADMINISTRATOR SHALL APPOINT SUCH NUMBER OF DEPUTY AFFIRMA-
 TIVE  ACTION  OFFICERS  OR  DEPUTY  AFFIRMATIVE ACTION ADMINISTRATORS AS
 SHALL BE NECESSARY TO ENABLE THE STATE AGENCY AFFIRMATIVE ACTION OFFICER
 OR STATE AGENCY AFFIRMATIVE ACTION ADMINISTRATOR TO PERFORM HIS  OR  HER
 DUTIES  PURSUANT  TO THIS TITLE. EVERY DEPUTY AFFIRMATIVE ACTION OFFICER
 AND DEPUTY AFFIRMATIVE ACTION ADMINISTRATOR SHALL REPORT DIRECTLY TO THE
 STATE AGENCY AFFIRMATIVE ACTION  OFFICER  OR  STATE  AGENCY  AFFIRMATIVE
 ACTION  ADMINISTRATOR.  A  DEPUTY  AFFIRMATIVE  ACTION OFFICER OR DEPUTY
 AFFIRMATIVE ACTION ADMINISTRATOR SHALL BE PRESENT AT,  ACTIVELY  ENGAGED
 IN  AND  CONSULTED  ON  THE  RECRUITMENT,  APPOINTMENT  AND PROMOTION OF
 EMPLOYEES IN CLASSIFIED POSITIONS IN  THE  STATE  AGENCY.  SUCH  PARTIC-
 IPATION  IN  THE  APPOINTMENT  AND  PROMOTION OF CLASSIFIED EMPLOYEES BY
 DEPUTY AFFIRMATIVE ACTION OFFICERS AND DEPUTY AFFIRMATIVE ACTION  ADMIN-
 ISTRATORS  SHALL  INCLUDE THE ACTIVE INVOLVEMENT AND PRESENCE OF SUCH AN
 OFFICER OR ADMINISTRATOR AT EVERY  INTERVIEW,  FOLLOW-UP  INTERVIEW  AND
 DETERMINATION  OF THE PERSON TO BE APPOINTED OR PROMOTED TO A CLASSIFIED
 POSITION OF STATE SERVICE IN THE AGENCY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law; provided, that subdivision 4 of section 13-a of the
 civil service law, as added by section  one  of  this  act,  shall  take
 effect  on  the  one  hundred eightieth day after it shall have become a
 law.  Any act or acts necessary to implement the provisions of this  act
 on  its effective date are authorized and directed to be completed on or
 before such date.