NY State Senate Bill 2019-S3921

Senate Bill S3921

2019-2020 Legislative Session

Relates to the appointment and promotion of certain personnel of the sanitation department of the city of New York

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 08, 2020	referred to civil service and pensions
Feb 21, 2019	referred to civil service and pensions

2019-S3921 (ACTIVE) - Details

See Assembly Version of this Bill:: A5263
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §59-c, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1608, A4006
2023-2024: S5015, A5210

2019-S3921 (ACTIVE) - Summary

Relates to the appointment and promotion of certain personnel of the sanitation department of the city of New York; authorizes the promotion of personnel to the positions of General Superintendent 2 and General Superintendent 3.

2019-S3921 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3921

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of this bill adds a new section 59-B to the Civil Service Law
to provide that vacancies in the supervisory personnel of the sanitation
force in the city of New York in the titles of General Superintendent 2
and General Superintendent 3 and/or positions with equivalent duties and
responsibilities, shall be filled by promotion from among employees
holding competitive class positions in a lower grade in the department,
and that such promotions shall be based on merit and fitness examina-
tion. This bill also provides that any employee holding a provisional on
an affected position in the supervisory personnel of the Sanitation
Department on the date of enactment shall be given the opportunity to
participate in a competitive promotional examination for the next higher

title.  Finally, this bill provides that other than as provided in this
section, the remainder of the civil service law shall apply to employees
serving in an affected title.

Section 2 of this bill provides that this act shall take effect imme-
diately.

 
JUSTIFICATION:

The New York State Constitution, Article V, Section 6 mandates that
"Appointments and promotions in the civil service of the State and all
of the civil divisions thereof, including cities and villages, shall be
made according to merit and fitness to be ascertained as far as practi-
cable by examination which as far as practicable, shall be competitive."

The proposed addition to Title A of Article 4 of the Civil Service Law
would ensure that, consistent with the New York Constitution, superviso-
ry personnel in the Department of Sanitation are the most qualified to
serve in these positions of paramount responsibility.  The supervisory
personnel of sanitation employees in large metropolitan areas experience
daily the challenges of providing timely, high-quality assistance during
day to day operations and emergencies. Only the most qualified personnel
deserve promotion to these supervisory positions. Promotions made in
accordance with competitive examination ensure that the highest level of
service is rendered to the public in the most efficient and competent
possible manner.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2019-S3921 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3921
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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

 S. 3921                             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.

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