§ 3304. Transfer of officers and employees; civil service. 1. (a) On
the effective date of the transfer of the facilities and operations of
the Westchester County Medical Center pursuant to an agreement between
the county and the corporation as authorized in this title, officers and
employees employed in the department shall become officers and employees
of the corporation with equivalent offices, positions and employment
therewith and shall be deemed public officers or public employees for
all purposes.

(b) In accordance with the provisions of section seventy of the civil
service law, for a period not to extend beyond six months from the
effective date of the transfer of the facilities and operations of the
Westchester County Medical Center pursuant to an agreement between the
county and the corporation as authorized in this title, any other
officer or employee of the county may, at the request of the corporation
and with the consent of the county executive and the officer or
employee, be transferred to the corporation and shall be eligible for
such transfer and appointment, without further examination, to
applicable offices, positions and employment under the corporation.

(c) Any person who, at the time he or she becomes an officer or
employee of the Westchester County Medical Center pursuant to paragraph
(a) or (b) of this subdivision, has a temporary or provisional
appointment shall be transferred subject to the same right of removal,
examination or termination as though such transfer had not been made
except to the extent such rights are modified by a collective bargaining
agreement.

(d) There shall be no layoffs of any officers or employees of the
Westchester County Medical Center which are a direct consequence of the
enactment of this title. There shall be a presumption that any layoffs
occurring more than twenty-four months after the effective transfer date
described in this subdivision shall be deemed not to be such a direct
consequence.

(e) Nothing contained in this section shall be construed to prevent
the elimination of any service at any time as a result of the
elimination of state or federal assistance, the elimination of available
revenue reimbursement, loss of certification or licensure, or loss of
financial viability.

2. The corporation shall recognize the existing certified or
recognized employee organizations for those persons who become employees
of the Westchester County Medical Center pursuant to paragraph (a) or
(b) of subdivision one of this section as the exclusive collective
bargaining representatives for such employees, who shall comprise
correspondingly new collective bargaining units. The corporation shall
be bound by all existing collective bargaining agreements with such
employee organizations; all existing terms and conditions of employment
shall remain in effect until altered by the terms of a successor
contract; successor employees to the positions held by such employees
shall, consistent with the provisions of article fourteen of the civil
service law, be included in the same unit as their predecessors.
Employees serving in positions in newly created titles shall be assigned
to the appropriate bargaining unit. Nothing contained herein shall be
construed to affect:

(a) the rights of employees pursuant to a collective bargaining
agreement;

(b) the representational relationships among employee organizations or
the bargaining relationships between the county, state and an employee
organization; or

(c) existing law with respect to an application to the public
employment relations board seeking designation by the board that certain
persons are managerial or confidential. Nothing herein shall preclude
the merger of negotiating units of employees with the consent of the
recognized or certified representatives of such units.

3. The salary or compensation of any such officer or employee, after
such transfer, shall be paid by the corporation. The corporation shall,
upon transfer, acknowledge and give credit for all leave balances held
by such officers and employees on the date of transfer.

4. The corporation shall be subject to the civil service law. For the
purposes of such law, the following titles (consisting of no more than a
total of forty-five positions in such titles), including the proposed
comparable corporate titles where applicable, shall, upon the effective
transfer date described in subdivision one of this section, be in the
exempt class, unless pursuant to the provisions of the civil service
law, a lesser or greater number of titles or positions is properly
classified in the exempt class: Commissioner of Hospitals (President
and Chief Executive Officer), First Deputy Commissioner of Hospitals
(Executive Vice President), Director of Hospital Administration (Senior
Vice President, Hospital Administration), Medical Director of Hospital
(Senior Vice President, Medical Director), Associate Director of
Hospital Nursing Services and Education (Vice President, Hospital
Nursing Services and Education), Director of the Ruth Taylor Institute
(Vice President, Ruth Taylor Institute), Associate Director Hospital,
Planning & Development (Vice President, Planning and Development),
Director of Professional Services - WCMC (Director of Professional
Services), Director of Support Service - WCMC (Director of Support
Services), Associate Director of Hospital Administration (Vice
President, Hospital Administration), Medical Records Director - Hospital
(Director of Health Information Management), Personnel Director -
Medical Center, Assistant Personnel Director - Hospital, Director of
Program Development I (Labor Relations), Health Care Administrator
(Material Management), Program Administrator (Material Management),
Health Care Administrator (Patient Care Services Program Administrator
(Patient Care Services)), Health Care Administrator (Regulatory
Affairs-WCMC) Program Administrator (Regulatory Affairs), Health Care
Administrator (Operating Room) (Program Administrator (Operating Room)),
Health Care Administrator (EMS) (Program Administrator (EMS)), Health
Care Administrator (Heart Center) Program Administrator (Heart Center)),
Program Administrator (Executive Services WCMC) Program Administrator
(Executive Services)), Director of Communications & Development WCMC,
Director of Marketing & Development, Director of Program Development II
(Community Relations), Assistant to Commissioner of Hospitals (Assistant
to President/CEO), Secretary to Commissioner of Hospitals (Secretary to
President/CEO), Director of Hospital Fiscal and Business Services
(Senior Vice President, Finance), Director of Nursing - PTI, Associate
Director for Hospital Operations, Director of Information Systems
(Director of Information Systems), Director of Patient Care Services,
Director of Pharmacy Services, Director, Office of Hospital Financial
Analysis, Director, Office of Hospital Reimbursement, Manager of Patient
Accounts, Associate Director, Fiscal Services (Vice President, Finance).