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This entry was published on 2014-09-22
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SECTION 3604
Transfer of officers and employees; civil service
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-C, TITLE 5
§ 3604. Transfer of officers and employees; civil service. 1. (a) On
the effective date of the transfer of the facilities and operations of
the Clifton-Fine Hospital pursuant to an agreement between the towns and
the corporation as authorized in this title, officers and employees
employed in the hospital by the town 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
Clifton-Fine Hospital pursuant to an agreement between the towns and the
corporation as authorized in this title, any other officer or employee
of the towns may, at the request of the corporation and with the consent
of the appropriate town supervisor 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 Clifton-Fine Hospital 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
Clifton-Fine Hospital 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 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.

3. The corporation shall be subject to the civil service law. For the
purposes of such law, any titles, upon the effective transfer date
described in subdivision one of this section, in the exempt class shall
remain exempt.