§ 70. Transfers. 1. General provisions. Except as provided in
subdivisions four, six and seven of this section no employee shall be
transferred to a position for which there is required by this chapter or
the rules established hereunder an examination involving essential tests
or qualifications different from or higher than those required for the
position held by such employee. The state and municipal commissions may
adopt rules governing transfers between positions in their respective
jurisdictions and may also adopt reciprocal rules providing for the
transfer of employees from one governmental jurisdiction to another. No
employee shall be transferred without his or her consent except as
provided in subdivision six or seven of this section or upon the
transfer of functions as provided in subdivision two of this section.

2. Transfer of personnel upon transfer of functions. Upon the transfer
of a function (a) from one department or agency of the state to another
department or agency of the state, or (b) from one department or agency
of a civil division of the state to another department or agency of such
civil division, or (c) from one civil division of the state to another
civil division of the state, or (d) from a civil division of the state
to the state, or vice versa, provision shall be made for the transfer of
necessary officers and employees who are substantially engaged in the
performance of the function to be transferred. As soon as practicable
after the adoption of a law, rule, order or other action directing such
a transfer of function, but not less than twenty days prior to the
effective date of such transfer, the head of the department or agency
from which such function is to be transferred shall certify to the head
of the department or agency to which such function is to be transferred
a list of the names and titles of those employees substantially engaged
in the performance of the function to be transferred, and shall cause
copies of such certified list to be publicly and conspicuously posted in
the offices of the department or agency from which such function is to
be transferred, along with copies of this subdivision. Any employee of
the department or agency from which such function is to be transferred
may, prior to the effective date of such transfer, protest his or her
inclusion in or exclusion from such list by giving notice of such
protest in writing addressed to the heads of the respective departments
or agencies from which and to which transfer is to be made, which notice
shall state the reasons for the protest. The head of the department or
agency to which such function is to be transferred shall review the
protest and after consultation with the head of the department or agency
from which such function is to be transferred notify the protestor
within ten days from the receipt of such protest of the determination
with respect to such protest. Such determination shall be a final
administrative determination. Failure to make such protest shall be
deemed to constitute consent to inclusion in or exclusion from, as the
case may be, the certified list of employees engaged in the function to
be transferred. Officers and employees so transferred shall be
transferred without further examination or qualification, and shall
retain their respective civil service classifications and status. For
the purpose of determining the officers and employees holding permanent
appointments in competitive class positions to be transferred, such
officers and employees shall be selected within each grade of each class
of positions in the order of their original appointment, with due regard
to the right of preference in retention of disabled and non-disabled
veterans. Any employee who fails to respond to or accept a written offer
of transfer from the department or agency to which such function is to
be transferred within ten days after receipt of such offer shall be
deemed to have waived entitlement to such transfer. All officers and
employees so transferred shall, thereafter, be subject to the rules of
the civil service commission having jurisdiction over the agency to
which transfer is made. Officers and employees holding permanent
appointments in competitive class positions who are not so transferred
shall have their names entered upon an appropriate preferred list for
reinstatement to the same or similar positions in the service of the
governmental jurisdiction from which transfer is made and in the office
or agency to which such function is transferred. Officers and employees
transferred to another governmental jurisdiction pursuant to the
provisions of this subdivision shall be entitled to full seniority
credit for all purposes for service rendered prior to such transfer in
the governmental jurisdiction from which transfer is made. Except where
such transferred officers and employees are entitled, pursuant to a
special law or a rule adopted pursuant to law, to credit upon transfer
for their unused vacation or annual leave and sick leave, the officer or
body having authority to adopt provisions governing vacation or annual
leave and sick leave applicable to the department or agency to which
transfer is made may, after giving due consideration to the similarities
and differences between the provisions governing vacation or annual
leave and sick leave in the respective jurisdictions from which and to
which transfer is made, allow employees transferred hereunder credit for
all or part of the unused vacation or annual leave and sick leave
standing to their credit at the time of transfer, as may be determined
equitable, but not in excess of the maximum accumulation permitted in
the jurisdiction to which transfer is made. Unused vacation or annual
leave not credited by the jurisdiction to which transfer is made may be
compensated for to the extent, if any, such compensation is authorized
by other law.

4. Transfer and change of title. Notwithstanding the provisions of
subdivision one of this section or any other provision of law, any
permanent employee in the competitive class who meets all of the
requirements for a competitive examination, and is otherwise qualified
as determined by the state civil service commission or the municipal
civil service commission, as the case may be, shall be eligible for
participation in a non-competitive examination in a different position
classification, provided, however, that such employee is holding a
position in a similar grade.

5. (a) Where, because of economy, consolidation or abolition of
functions, curtailment of activities or otherwise, a police department
of any county, city, town, village, district, commission, authority or
public benefit corporation is dissolved or abolished and the functions
of such department are assumed by another police agency by contractual
agreement or payment or taxation therefor, the provisions of this
section shall apply.

(b) For the purposes of this subdivision:

(1) The term "police agency" shall mean any agency or department of a
county, city, town, village, district, commission, authority or public
benefit corporation having responsibility for enforcing the criminal
laws of the state.

(2) The term "police agency" or "police department" shall not be
construed to include the police department of a city of one million or
more persons, the police department of a housing authority of a city of
one million or more persons, or the police department established
pursuant to the provisions of section one thousand two hundred four of
the public authorities law.

6. Transfer of personnel. Notwithstanding the provisions of
subdivision one of this section or any other provision of law, any city
having a population of one million or more may by agreement negotiated
between such city and an employee organization pursuant to article
fourteen of this chapter provide for the involuntary transfer of
employees between city agencies. For purposes of this subdivision, the
term "city agency" shall include any school district, public authority,
commission or other instrumentality of government on whose behalf such
city is authorized to negotiate collective bargaining agreements.

7. Transfer of Suffolk county park officers levels I-IV to the
positions of Suffolk county police officers. Notwithstanding the
provisions of subdivision one of this section or any other provision of
law, the county of Suffolk may, by agreement negotiated between such
county and an employee organization pursuant to article fourteen of this
chapter, provide for the transfer of now existing Suffolk county parks
police officers levels I-IV to positions of Suffolk county police
officers. The transfer of now existing positions may be effectuated
without regard to any eligible lists or preferred lists for
reinstatement.