NY State Senate Bill 2021-S5655

Senate Bill S5655

2021-2022 Legislative Session

Relates to equal employment opportunity and affirmative action for classified civil service positions in the service of the state

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Mar 15, 2021	referred to civil service and pensions

2021-S5655 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add Art 2 Title A-1 §§13 - 13-e, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7145
2017-2018: S4977, S7233
2019-2020: S5063
2023-2024: S7264

2021-S5655 (ACTIVE) - Summary

Relates to implementing equal employment opportunity and affirmative action for classified civil service positions in the service of the state; requires that each agency have a full-time affirmative action officer that reports directly to the agency head.

2021-S5655 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5655

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the civil service law, in relation to implementing equal
employment opportunity and affirmative action for classified civil
service positions in the service of the state

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation seeks to protect and strengthen the role of affirmative
action officers in all state agencies by providing that each agency have
a full-time affirmative action officer that reports directly to the
agency head and are provided with continued education opportunities in
the area of affirmative action, equal employment opportunity and human
rights.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Article 2 of the civil service law is amended by adding a

new title A-1. This article defines the process by which state affirma-
tive officers and administrators are hired into competitive positions
that will allow them the latitude to perform their duties without fear
of retaliation or job loss.

Section 2 - requires that every affirmative action officer/administrator
employed by a state agency shall be employed the agency head and report
directly to that person and no one else in so as to provide these
employees with access to the top decision making authority in that agen-
cy. This will help address the issue of lack of diversity in state agen-
cies because workforce planning issues by agency heads will have input
by such employees. Affirmative action officers/ administrator are
required to participate in recruitment and interviewing process.

Section 3 - requires for the establishment of a continuing education
program (CEP) for all affirmative action officers/administrators that
will help them gain the necessary skills to perform their jobs by learn-
ing about rules and regulations relating to affirmative action, equal
employment opportunity and human rights. Changes in these laws at both
the federal and state level, and court decisions require such ongoing
training for these employees to be successful in their job requirements.
Requires that the CEP must be in place for 13 months prior to any exam-
ination for AAO and AAA.

Section 4 - This section requires that all state agencies that employee
100 or more employees shall have a full-time affirmative action
officer/administrator. Presently, many agencies do not have a dedicated
affirmative action officer/administrator and individuals now performing
such duties have conflict of interest situations because they have other
job requirements and other job classifications mixed with their affirma-
tive action duties. In large agencies, these employees have no staff and
are unable to perform these duties effectively while having to focus on
other job requirements because of their dual job roles.  This will elim-
inate such conflicts of interest and allow for affirmative action
officers/administrators to have civil rights as their sole responsibil-
ity.

 
JUSTIFICATION:
A 2005 report by the New York State Assembly Puerto Rican/Hispanic Task
Force, a subsequent public hearing and other meetings with minority
workers has yielded valuable suggestion that need legislative action to
remedy what the 2005 report called, an appalling under-representation of
minorities in civil service and policy making positions in the Pataki
Administration. This is one of five proposals put forward by task force
to address the problems.

The lack of workforce diversity now seen in New York State was created
because over the years affirmative action officers/administrators have
no job protection, and are marginalized by agency heads. In fact, many
of the current employees performing such duties are not AAOs. This
legislation reverses this situation and strengthens the role of these
employees by providing them with a variety of tools.  This legislation
mandates that all affirmative action officers/administrators shall be
hired as competitive classified positions. The common practice of not
providing AAAs and AAOs with protected employment status has created
fear and an inability to authoritatively perform their duties.

This legislation will provide job security, promotion opportunities and
require that these employees report directly to agency head and no one
else. Presently AAOs report to a variety of low level managers that show
no priority in EEO guidelines. The result of this problem is documented
by the findings of the report mentioned above:

*In 2005, Hispanics made up over 16% of the entire state population but
accounted for only 3.8 percent or 6.515 of the 169.571 jobs in the state
government workforce. In real terms, this is a decline in close to 1,000
jobs since 1991 or a 12.2% reduction in the number of Hispanic state
workers. This reduction came during a period when the Hispanic popu-
lation in New York grew by 33%.

*In 2015 Hispanics make up almost 19% of the entire state population but
account for 400 less jobs than they had in State government or 6,142
jobs out of 131,800.

*Since 1991, the African-American civil service workforce has seen a
dramatic decline. The 8,836 jobs lost by this group represent a 26.7%
decline in the African-American state workforce. This reduction came
during a period when the African-American population in New York grew by
13.1%.

*For African-Americans, the loss of the 8,836 jobs at the average state
salary of $53,000 translates into a loss of over $468 million dollars in
annual salaries. For Hispanics their under-representation translates
into a loss of over $860 million in annual salaries.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.5063 - Referred to Civil Service and Pensions

2017-18: S.7233 - REFERRED TO CIVIL SERVICE AND PENSIONS

2016: S.7145-REFERRED TO CIVIL SERVICE AND PENSIONS/A.8037-referred to
governmental employees

2015: A.8037- referred to governmental employees

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not applicable.

 
EFFECTIVE DATE:
Immediately.

2021-S5655 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5655
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 implementing equal
   employment opportunity and affirmative  action  for  classified  civil
   service positions in the service of the state

   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 EQUAL EMPLOYMENT OPPORTUNITY
 SECTION 13.   STATEMENT OF POLICY.
         13-A. DEFINITIONS.
         13-B. EQUAL EMPLOYMENT OPPORTUNITY; DUTIES OF PRESIDENT.
         13-C. EXECUTIVE COMMITTEE FOR AFFIRMATIVE ACTION.
         13-D. DEVELOPMENT   AND  IMPLEMENTATION  OF  AFFIRMATIVE  ACTION
                 PROGRAMS.
         13-E. AFFIRMATIVE ACTION ADVISORY COUNCIL.
   § 13. STATEMENT OF POLICY. IT SHALL BE THE POLICY OF THIS  STATE  THAT
 EQUAL  EMPLOYMENT  OPPORTUNITY BE AFFORDED TO ALL PERSONS IN AND SEEKING
 TO ENTER STATE SERVICE, AND THAT AFFIRMATIVE ACTION BE PROVIDED  IN  THE
 ADMINISTRATION  OF  THIS CHAPTER, IN ACCORDANCE WITH THE REQUIREMENTS OF
 THE HUMAN RIGHTS LAW (ARTICLE FIFTEEN OF  THE  EXECUTIVE  LAW)  AND  THE
 MANDATES  OF  TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT. ACCORDINGLY, IT
 SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT  TO  ENFORCE  THE  STATE'S
 POLICY  OF  ENSURING  FULL  AND  EQUAL EMPLOYMENT FOR MINORITIES, WOMEN,
 PERSONS WITH DISABILITIES AND VETERANS AT ALL  CLASSIFIED  POSITIONS  OF
 STATE SERVICE.
   § 13-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
   1. "ADVISORY COUNCIL" SHALL MEAN THE AFFIRMATIVE ACTION ADVISORY COUN-
 CIL ESTABLISHED BY SECTION THIRTEEN-E OF THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10183-01-1

 S. 5655                             2
 
   2. "EXECUTIVE COMMITTEE" SHALL MEAN THE EXECUTIVE COMMITTEE FOR AFFIR-
 MATIVE ACTION ESTABLISHED BY SECTION THIRTEEN-C OF THIS TITLE.
   3.  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
 TERM BY SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE
 LAW, AND ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION  ESTABLISHED
 PURSUANT TO STATUTE.
   4.  "VETERAN"  SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM
 PURSUANT TO SUBDIVISION THREE OF SECTION  THREE  HUNDRED  FIFTY  OF  THE
 EXECUTIVE LAW.
   §  13-B. EQUAL EMPLOYMENT OPPORTUNITY; DUTIES OF PRESIDENT. THE PRESI-
 DENT SHALL:
   1. ISSUE RULES AND REGULATIONS FOR THE  PREPARATION  OF  ANNUAL  STATE
 AGENCY  AFFIRMATIVE  ACTION PLANS, AND ANNUAL STATEWIDE GOALS AND OBJEC-
 TIVES FOR THE EMPLOYMENT OF MINORITIES, WOMEN, PERSONS WITH DISABILITIES
 AND VETERANS. IN  ADDITION,  THE  DEPARTMENT  SHALL  PROVIDE  STAFF  AND
 PERSONNEL  FOR  THE  DEVELOPMENT  OF COMPREHENSIVE STATEWIDE AFFIRMATIVE
 ACTION RULES, REGULATIONS, POLICIES, GOALS, OBJECTIVES  AND  IMPLEMENTA-
 TION STRATEGIES;
   2. IN CONSULTATION WITH THE EXECUTIVE COMMITTEE, MONITOR THE IMPLEMEN-
 TATION  OF  THE  WRITTEN AFFIRMATIVE ACTION PLANS OF STATE AGENCIES ON A
 CONTINUING BASIS, INCLUDING THE  NEED  FOR  REVISING  OR  AMENDING  SUCH
 PLANS,  AND  REPORT  TO  THE GOVERNOR AND THE LEGISLATURE ON A QUARTERLY
 BASIS ON THE PROGRESS OF INCORPORATING ITS RECOMMENDATIONS FOR IMPROVING
 AND STRENGTHENING SUCH PLANS;
   3. UPON HIS OR HER FINDING OF SUBSTANTIAL  NONCOMPLIANCE  BY  A  STATE
 AGENCY  WITH  THE REQUIREMENTS OF THIS TITLE, NOTIFY SUCH AGENCY OF SUCH
 FINDING AND PROPOSE A REMEDIAL PLAN OF ACTION. THE STATE  AGENCY  SHALL,
 WITHIN  THIRTY  DAYS  OF RECEIPT OF SUCH NOTIFICATION, EITHER ACCEPT THE
 PRESIDENT'S REMEDIAL PLAN OR SUBMIT AN ALTERNATIVE REMEDIAL PLAN THAT IS
 ACCEPTABLE TO THE PRESIDENT. IF THE STATE AGENCY FAILS  TO  COMPLY  WITH
 SUCH REQUIREMENT, THE PRESIDENT MAY ASSUME RESPONSIBILITY FOR THE IMPLE-
 MENTATION OF A REMEDIAL PLAN OF ACTION UNTIL HE OR SHE IS SATISFIED THAT
 THE STATE AGENCY WILL IMPLEMENT SUCH PLAN;
   4.  ANNUALLY  PREPARE AND SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A
 REPORT OF THE COMPOSITION OF THE WORKFORCE IN  STATE  SERVICE  FOR  EACH
 STATE  AGENCY BY SEX AND ETHNICITY FOR ALL JOB CATEGORIES, SALARY GRADES
 AND CIVIL SERVICE CLASSIFICATIONS.  THE  PRESIDENT  SHALL  ALSO  CONDUCT
 STUDIES  TO  IDENTIFY AND RESOLVE PROBLEMS IN ELIMINATING UNDERREPRESEN-
 TATION AND UNDERUTILIZATION OF MINORITIES, WOMEN, PERSONS WITH DISABILI-
 TIES AND VETERANS, AND PROMULGATE, AMEND AND/OR  REPEAL  ANY  RULES  AND
 REGULATIONS NECESSARY TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR MINORI-
 TIES,  WOMEN,  PERSONS WITH DISABILITIES AND VETERANS.  FURTHERMORE, THE
 PRESIDENT SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE
 RELATING TO THE ADOPTION OR AMENDMENT OF LAWS FOR THE SAME PURPOSE; AND
   5. IN CONSULTATION WITH THE EXECUTIVE COMMITTEE, REVIEW  EXISTING  AND
 PROPOSED PROCEDURES FOR THE ABOLITION OF POSITIONS AND REDUCTIONS IN THE
 STATE'S  WORKFORCE,  AND  MAKE  RECOMMENDATIONS DESIGNED TO MINIMIZE THE
 EFFECTS OF SUCH PROCEDURES ON WOMEN, MINORITIES, PERSONS WITH  DISABILI-
 TIES AND VETERANS.
   § 13-C. EXECUTIVE COMMITTEE FOR AFFIRMATIVE ACTION. 1. THERE IS HEREBY
 ESTABLISHED  IN  THE  DEPARTMENT  AN EXECUTIVE COMMITTEE FOR AFFIRMATIVE
 ACTION. THE EXECUTIVE COMMITTEE  SHALL  BE  COMPOSED  OF  THE  FOLLOWING
 MEMBERS:
   (A) THE PRESIDENT, WHO SHALL BE THE CHAIR OF THE EXECUTIVE COMMITTEE;
   (B)  THE  COMMISSIONER OF HUMAN RIGHTS, WHO SHALL BE THE VICE-CHAIR OF
 THE EXECUTIVE COMMITTEE;

 S. 5655                             3
 
   (C) THE SECRETARY TO THE GOVERNOR;
   (D) THE APPOINTMENTS SECRETARY TO THE GOVERNOR;
   (E) THE SECRETARY OF STATE;
   (F) THE DIRECTOR OF THE BUDGET;
   (G) THE COMMISSIONER OF LABOR;
   (H) THE DIRECTOR OF EMPLOYEE RELATIONS;
   (I) THE DIRECTOR OF THE DIVISION FOR WOMEN;
   (J)  THE CHAIR OF THE STATE COMMISSION ON QUALITY OF CARE AND ADVOCACY
 FOR PERSONS WITH DISABILITIES; AND
   (K) THE STATE DIRECTOR OF VETERANS' AFFAIRS.
   2. THE EXECUTIVE COMMITTEE SHALL ADVISE THE GOVERNOR AND  LEGISLATURE,
 AND  ASSIST  THE PRESIDENT IN THE FORMULATION AND COORDINATION OF PLANS,
 POLICIES AND PROGRAMS RELATING TO AFFIRMATIVE ACTION IN  STATE  AGENCIES
 AND  IN  ENSURING  EFFECTIVE  IMPLEMENTATION OF SUCH POLICIES, PLANS AND
 PROGRAMS.
   3. UPON THE WRITTEN REQUEST OF THE EXECUTIVE COMMITTEE, THE HEAD OF  A
 STATE  AGENCY SHALL APPEAR BEFORE SUCH COMMITTEE AND REPORT IN PERSON ON
 HIS OR HER AGENCY'S AFFIRMATIVE ACTION PROGRAM.  THE EXECUTIVE COMMITTEE
 SHALL SCHEDULE SUCH AN APPEARANCE BY THE HEAD OF EACH STATE AGENCY,  AND
 EACH SUCH HEAD SHALL PROVIDE THE EXECUTIVE COMMITTEE WITH ANY SUCH DATA,
 INFORMATION  AND  REPORTS  AS  SUCH COMMITTEE SHALL REQUEST PRIOR TO THE
 AGENCY HEAD'S APPEARANCE.
   § 13-D. DEVELOPMENT AND IMPLEMENTATION OF AFFIRMATIVE ACTION PROGRAMS.
 1. EACH STATE AGENCY SHALL DEVELOP A WRITTEN AFFIRMATIVE ACTION PROGRAM,
 WHICH SHALL INCLUDE THE DEVELOPMENT OF SPECIFIC GOALS AND TIMETABLES FOR
 THE PROMPT ACHIEVEMENT OF FULL  AND  EQUAL  EMPLOYMENT  OPPORTUNITY  FOR
 MINORITIES, WOMEN, PERSONS WITH DISABILITIES AND VETERANS.  EACH PROGRAM
 SHALL  INCLUDE AN ANALYSIS OF PREVIOUS AGENCY ACTION TO INCREASE EMPLOY-
 MENT OPPORTUNITIES FOR THE MEMBERS OF SUCH GROUPS.  EVERY PROGRAM  SHALL
 BE  SUBMITTED  TO  THE  PRESIDENT  ON OR BEFORE JUNE FIRST, TWO THOUSAND
 TWENTY-TWO AND EVERY THIRD YEAR THEREAFTER.  THE PRESIDENT SHALL  REVIEW
 AND  EVALUATE EACH PROGRAM SUBMITTED AND, WHERE NECESSARY, SHALL PROVIDE
 ASSISTANCE  TO  STATE  AGENCIES  IN  IMPROVING  AND  IMPLEMENTING   SUCH
 PROGRAMS.
   2. THE HEAD OF EACH STATE AGENCY SHALL DESIGNATE AN EMPLOYEE AS HIS OR
 HER  AGENCY'S FULL-TIME AFFIRMATIVE ACTION OFFICER, AND SHALL REPORT THE
 NAME OF SUCH AFFIRMATIVE ACTION OFFICER TO THE PRESIDENT AND THE  EXECU-
 TIVE  COMMITTEE.  EVERY AFFIRMATIVE ACTION OFFICER SHALL REPORT DIRECTLY
 TO THE HEAD OF THE STATE AGENCY WHO APPOINTED HIM OR HER  AND  SHALL  BE
 PROVIDED  BY  THE  STATE AGENCY WITH SUCH STAFF AS SHALL BE NECESSARY TO
 PERFORM HIS OR HER DUTIES. THE NUMBER AND LEVEL OF STAFF SHALL BE  BASED
 ON  SUCH FACTORS AS AGENCY SIZE, COMPLEXITY, NEED FOR AFFIRMATIVE ACTION
 AND MONIES APPROPRIATED THEREFOR.
   3. ANNUALLY, ON OR BEFORE MARCH FIRST, EACH STATE AGENCY SHALL  SUBMIT
 A  REPORT  TO  THE  EXECUTIVE COMMITTEE AND THE PRESIDENT ON AFFIRMATIVE
 ACTION. EVERY SUCH REPORT SHALL BE IN A FORMAT ESTABLISHED BY THE PRESI-
 DENT AND INCLUDE INFORMATION ON THE  AGENCY'S  EMPLOYMENT  ACTIONS  WITH
 RESPECT  TO  MINORITIES,  WOMEN, PERSONS WITH DISABILITIES AND VETERANS.
 THE REPORT OF EACH STATE AGENCY SHALL IDENTIFY  THAT  AGENCY'S  ACHIEVE-
 MENTS,  DEFICIENCIES,  PROPOSED  SOLUTIONS  TO  PROBLEMS,  THE  NEED FOR
 EXTERNAL ASSISTANCE AND SUCH OTHER INFORMATION AS MAY BE APPROPRIATE  OR
 REQUESTED.
   4. EVERY STATE AGENCY SHALL COOPERATE WITH THE PRESIDENT AND THE EXEC-
 UTIVE COMMITTEE TO PROVIDE ANY INFORMATION, DATA AND REPORTS THAT MAY BE
 REQUESTED FROM TIME TO TIME.

 S. 5655                             4
 
   5.  THE  DIVISION  FOR  WOMEN,  THE DIVISION OF VETERANS' AFFAIRS, THE
 STATE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH  DISA-
 BILITIES  AND  ANY  OTHER  STATE AGENCY DESIGNATED BY THE GOVERNOR SHALL
 ASSIST THE PRESIDENT AND THE OTHER STATE AGENCIES  TO  COMPLY  WITH  THE
 PROVISIONS  OF  THIS TITLE, BY PROVIDING EXPERTISE AND GUIDANCE IN THEIR
 AREAS OF SPECIAL SENSITIVITY AND CONCERN.
   § 13-E. AFFIRMATIVE ACTION ADVISORY COUNCIL. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE DEPARTMENT AN AFFIRMATIVE ACTION ADVISORY  COUNCIL.    THE
 MEMBERS  OF  THE  ADVISORY COUNCIL SHALL BE THE STATE AGENCY AFFIRMATIVE
 ACTION OFFICERS APPOINTED PURSUANT TO SUBDIVISION TWO OF  SECTION  THIR-
 TEEN-D OF THIS TITLE. THE MEETINGS AND PROCEEDINGS OF THE ADVISORY COUN-
 CIL  SHALL  BE  CONDUCTED  PURSUANT  TO  BY-LAWS ADOPTED BY ITS MEMBERS,
 SUBJECT TO THE APPROVAL OF THE PRESIDENT.
   2. THE ADVISORY COUNCIL SHALL ADVISE THE PRESIDENT ON ALL EXISTING AND
 PROPOSED POLICIES, PROCEDURES, PRACTICES AND  PROGRAMS  RELATING  TO  OR
 AFFECTING AFFIRMATIVE ACTION.
   3.  THE ADVISORY COUNCIL SHALL SUBMIT A QUARTERLY REPORT ON ITS ACTIV-
 ITIES TO THE PRESIDENT.
   § 2. This act shall take effect immediately.

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