S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5263
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 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 the appointment
   and promotion of certain personnel of the sanitation department of the
   city of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil service law is amended by adding a new section
 59-c to read as follows:
   § 59-C. PROMOTIONS OF CERTAIN PERSONNEL OF THE  SANITATION  DEPARTMENT
 OF  THE  CITY OF NEW YORK. 1.  THE LEGISLATURE HEREBY FINDS AND DECLARES
 THAT THE CONTINUED, UNINTERRUPTED, ADEQUATE AND EFFICIENT  OPERATION  OF
 THE  SANITATION  DEPARTMENT OF THE CITY OF NEW YORK IS NECESSARY FOR THE
 GENERAL WELFARE OF THE PEOPLE; THAT SUCH ADEQUATE OPERATION INVOLVES AND
 REQUIRES PERSONNEL WITH HIGHLY SPECIALIZED ABILITY, SKILL, TRAINING  AND
 KNOWLEDGE, WHICH NECESSITATE THAT VACANCIES IN THE SANITATION DEPARTMENT
 OF THE CITY OF NEW YORK IN THE POSITIONS OF GENERAL SUPERINTENDENT 2 AND
 GENERAL  SUPERINTENDENT  3,  SHALL  BE  FILLED  AS FAR AS PRACTICABLE BY
 PROMOTION FROM AMONG PERSONS HOLDING COMPETITIVE CLASS  POSITIONS  IN  A
 LOWER  GRADE  IN  THE  SANITATION  DEPARTMENT OF THE CITY OF NEW YORK IN
 WHICH THE VACANCY EXISTS, PROVIDED THAT SUCH LOWER GRADE  POSITIONS  ARE
 IN DIRECT LINE OF PROMOTION, AS DETERMINED BY SUCH SANITATION DEPARTMENT
 OR THE MUNICIPAL COMMISSION.
   2.  PROMOTION  SHALL  BE  BASED  ON MERIT AND FITNESS AS DETERMINED BY
 COMPETITIVE EXAMINATION, DUE WEIGHT BEING GIVEN TO SENIORITY. THE PREVI-
 OUS TRAINING AND EXPERIENCE OF THE CANDIDATES, AND  PERFORMANCE  RATINGS
 WHERE  AVAILABLE,  MAY  BE CONSIDERED AND GIVEN DUE WEIGHT AS FACTORS IN
 DETERMINING THE RELATIVE MERIT AND FITNESS OF CANDIDATES FOR PROMOTION.
   3. ANY EMPLOYEE HOLDING A PROVISIONAL OR DISCRETIONARY APPOINTMENT  IN
 THE AFFECTED TITLES OF THE SANITATION DEPARTMENT OF THE CITY OF NEW YORK
 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL BE GIVEN THE OPPORTU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09631-01-9

 A. 5263                             2
 
 NITY  TO  PARTICIPATE  IN  A COMPETITIVE PROMOTIONAL EXAMINATION FOR THE
 NEXT HIGHER LEVEL TITLE.
   4.  EXCEPT  AS  PROVIDED  ABOVE,  THE PROVISIONS OF THIS CHAPTER SHALL
 APPLY TO EMPLOYEES COVERED BY THIS SECTION.
   § 2. This act shall take effect immediately.