Bill A40011-2009

Authorizes term appointments without examination for certain information technology positions

Authorizes term appointments without examination for certain positions requiring special expertise or qualifications in information technology.



  • Dec 4, 2009: signed chap.500
  • Dec 2, 2009: delivered to governor
  • Dec 2, 2009: PASSED SENATE
  • Dec 2, 2009: 3RD READING CAL.9
  • Dec 2, 2009: SUBSTITUTED FOR S66011
  • Nov 18, 2009: REFERRED TO RULES
  • Nov 18, 2009: delivered to senate
  • Nov 18, 2009: passed assembly
  • Nov 18, 2009: message of necessity - 3 day message
  • Nov 18, 2009: ordered to third reading rules cal.686
  • Nov 18, 2009: rules report cal.686
  • Nov 18, 2009: reported
  • Nov 18, 2009: reported referred to rules
  • Nov 18, 2009: referred to ways and means





An act to amend the civil service law, in relation to authorizing term appointments without examination for certain information technology positions and providing for the repeal of such provisions upon expiration thereof


This bill would facilitate the in-sourcing of information technology (IT) professionals by: (1) allowing for the creation of term appointments of up to five years in IT positions; (2) permitting placement of limitations on the certification of employees from certain existing eligible lists, so that individuals could be selected with certain knowledge, skills or certifications, following the conduct of a skills inventory; and (3) imposing certain reporting requirements on the Director of the Budget regarding the in-sourcing of IT services.


Section 1 of the bill would create a new Civil Service Law (CSL) § 66 to allow the Department of Civil Service (DCS) to authorize up to 500 term IT appointments, for up to sixty months each, that could be made without examination, where an agency certifies that holding such an examination is impractical because of the temporary nature of the work, or because special expertise and qualifications are required. Individuals hired pursuant to this process would be eligible to take one promotional examination at a level commensurate with their skills and responsibilities after two years of service. When IT positions created by this section are abolished for reasons of economy, consolidation or other delineated reasons, an agency must abolish term appointments prior to permanent competitive class IT positions of comparable skills and responsibilities.

Section 2 of the bill would allow DCS to limit certification of eligibles from certain specified existing eligible lists to those individuals who have knowledge, skills or certifications identified by the appointing authority as necessary to perform the duties of the position. Such limitations may be imposed only after a skill-set inventory for persons on the relevant list is conducted.

Section 3 of the bill would require the Director of the Budget to report on in-sourcing of IT positions, every six months, to the Speaker of the Assembly, the Temporary President of the Senate and to any employee organization certified to represent State IT employees. The report would address (1) efforts to reduce the number of IT consultants; (2) the number of IT employees hired by the State to replace consultants; (3) an estimate of the savings achieved by in-sourcing; and (4) suggestions on further improvements to the process for hiring and promoting IT staff.

Section 4 of the bill would provide that it would be effective immediately. Sections 1 and 3 would expire and be deemed repealed on

December 31, 2011. Section 2 would expire and be deemed repealed on December 31, 2011 or upon the establishment of new eligible lists, whichever is earlier.


Civil Service Law § 64(3) allows the State to make temporary appointments, without examination, when the person appointed will render professional, scientific, technical or other expert services for a period not exceeding eighteen months, where the services to be rendered and the temporary or occasional character of such services make it impractical to hold an examination.


This is a new bill.


The State has long relied on contractors to perform certain IT services, although hiring outside consultants is often more costly than using public employees. A number of explanations have been proffered for this state of events: training of public employees is insufficient; the civil service system does not provide adequate flexibility to meet employer's rapidly changing IT needs; and long term hires are not sufficiently targeted for short-term IT projects. This bill, and administrative actions that will accompany it, will address these issues, and thereby allow the State to in-source technology consultants effectively and achieve significant savings.

This bill would facilitate appropriate in-sourcing in several ways. First, it would allow for the creation of up to five hundred term appointments in information technology, each lasting for up to sixty months, in instances (such as when special qualifications or expertise are required or when the services are temporary) where it is not practicable to fill the position by competitive examination. To secure such an appointment, the appointing authority would need to make a public certification that special expertise or qualifications are required and why they cannot be obtained via an eligible list. This provision would allow State agencies to hire IT professionals with specific skills for a limited period, at higher levels and pay grades than would otherwise be possible, so such employees could perform tasks for which an outside contractor is presently used.

Second, the bill would allow DCS to limit certifications from certain existing IT eligible lists to individuals with specific knowledge, skills or certifications, after a skill-set inventory is conducted from all persons on such list. This would allow an agency to hire individuals on an existing list who possess the precise skills it needs, rather than contracting for such skills because the top candidates identified by an examination did not possess them. This provision would not add any individual to, or remove any individual from, any eligible list. Rather, it would allow an agency to winnow down that list in accordance with a skills inventory to select employee with the skill most fitting its needs.

Third, the bill would add transparency to the in-sourcing process, by requiring bi-annual reports by the Director of the Budget, detailing steps taken to replace contractors with public employees; calculating savings achieved; and making suggestions for further improving IT hiring and promotions and limiting contracting of IT services.

All of these provisions would sunset on December 31, 2011, allowing the Executive, Legislature and stakeholders to assess their effectiveness, and determine to what extent they should be modified or continued.

In the State's current fiscal predicament, it must seek out every avenue to achieve cost-savings by limiting use of consultants, provided it can do so without negatively impacting the ability of State agencies to operate efficiently. This bill would take an important step towards this goal, by providing the State with flexibility to hire personnel with the skills and experience it needs. When coupled with greater transparency, and administrative measures for improved training, these steps will help the State make the best use of its IT workforce, and bring into that workforce individuals with skills in demand by State agencies.


This bill would reduce State expenditures by allowing State agencies to replace consultants with public employees who can be hired at lower cost.


This bill would be effective immediately, and that sections 1 and 3 would expire and be deemed repealed on December 31, 2011. Section 2 would expire or be deemed repealed on December 31, 2011 or upon the establishment of new eligible lists, whichever is earlier.


STATE OF NEW YORK ________________________________________________________________________ S. 11 A. 11 Twentieth Extraordinary Session S E N A T E - A S S E M B L Y November 18, 2009 ___________
IN SENATE -- Introduced by Sens. SAVINO, BRESLIN, ONORATO, LANZA -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of A. Destito, Abbate, John, Silver, Farrell, Canestrari, Galef, Reilly, Benedetto, Peoples-Stokes, Lancman, Koon, Alessi, Arroyo, Aubry, Benjamin, Boyland, Brodsky, Brook-Krasny, Carrozza, Christensen, Clark, Colton, Cook, Crespo, Cusick, Cymbrowitz, DelMonte, DenDekker, Englebright, Fields, Gabryszak, Gianaris, Gibson, Gordon, Gottfried, Gunther, Heastie, Hevesi, Hoyt, Hyer-Spencer, Jaffee, Jeffries, Kavanagh, Kellner, Lentol, Lifton, Lupardo, Magee, Magnarelli, Mayer- sohn, McEneny, Meng, M. Miller, Millman, Morelle, Nolan, O'Donnell, Ortiz, Paulin, Peralta, Perry, Pheffer, Pretlow, Ramos, P. Rivera, Rosenthal, Scarborough, Schroeder, Skartados, Spano, Stirpe, Sweeney, Thiele, Titone, Titus, Towns, Weinstein, Weprin, Wright, Zebrowski) -- (at request of the Governor) -- read once and referred to the Commit- tee on Ways and Means AN ACT to amend the civil service law, in relation to authorizing term appointments without examination for certain information technology positions and providing for the repeal of such provisions upon expira- tion thereof 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 66 to read as follows: S 66. TERM APPOINTMENTS IN INFORMATION TECHNOLOGY. 1. THE DEPARTMENT MAY AUTHORIZE A TERM APPOINTMENT WITHOUT EXAMINATION TO A TEMPORARY POSITION REQUIRING SPECIAL EXPERTISE OR QUALIFICATIONS IN INFORMATION TECHNOLOGY. SUCH APPOINTMENT MAY BE AUTHORIZED ONLY IN A CASE WHERE THE APPOINTING AUTHORITY CERTIFIES TO THE DEPARTMENT THAT BECAUSE OF THE
TYPE OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAMINATION OF ANY KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT PURSUANT TO THE PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL EXPERTISE OR QUALI- FICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERIOD FOR SUCH TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED SIXTY MONTHS AND SHALL NOT BE EXTENDED, AND THE MAXIMUM NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED FIVE HUNDRED. AT LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS OFFICES INFORMA- TION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALIFICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSITION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO OTHER EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICATIONS. 2. A TEMPORARY POSITION ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON SUCH ABOLITION OR AT THE END OF THE TERM OF THE APPOINTMENT, THE PROVISIONS OF SECTIONS SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR- MATION TECHNOLOGY POSITIONS, THE TERM APPOINTMENTS PURSUANT TO THIS SECTION AT AN AGENCY SHALL BE ABOLISHED PRIOR TO THE ABOLITION OF PERMA- NENT COMPETITIVE CLASS INFORMATION TECHNOLOGY POSITIONS AT SUCH AGENCY INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES. S 2. Notwithstanding any provision of law to the contrary, the depart- ment of civil service may limit certification from the following eligi- ble lists to those eligibles identified as having knowledge, skills or certifications, or any combination thereof, identified by the appointing authority as necessary to perform the duties of certain positions: 35-382 Information Technology Specialist 4 G-25 35-383 Information Technology Specialist 4 (Data Communications) G-25 35-384 Information Technology Specialist 4 (Database) G-25 35-386 Information Technology Specialist 4 (Systems Programming) G-25 35-387 Manager Information Technology Services 1 G-27 35-388 Manager Information Technology Services 1 (Data Communications) G-27 35-389 Manager Information Technology Services 1 (Database) G-27 35-391 Manager Information Technology Services 1 (Systems Programming) G-27 35-392 Manager Information Technology Services 1 (Technical) G-27 No such limitation on certification shall occur until a skill-set inventory is conducted for all persons on any list so limited. S 3. Six months from the effective date of this act, and every six months thereafter, the director of the budget will report to the speaker of the assembly and the temporary president of the senate and to any employee organization that is the certified collective bargaining repre- sentative of state information technology employees, on the progress of efforts to in-source information technology positions. The report shall state: (1) any efforts to reduce the number of information technology consultants contracted by the state, including an estimate of the number of such consultants replaced by public employees; (2) the number of
information technology employees hired by the state to replace work performed under consultant contracts, including the number of term appointments made under section 66 of the civil service law; (3) an estimate of the savings achieved by efforts to in-source information technology work; and (4) suggestions on how to further improve the proc- esses for hiring and promoting the state's information technology staff to reduce reliance on consultants. S 4. This act shall take effect immediately; provided, however, that sections one and three of this act shall expire and be deemed repealed December 31, 2011, provided that any employees appointed prior to that date may continue to be employed for a period not to exceed sixty months from the date of appointment, and further provided, however, that section two of this act shall expire and be deemed repealed December 31, 2011 or upon the establishment of appropriate new eligible lists, which- ever is earlier.


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