Provides that all affirmative action officers and administrators employed by the state shall be in competitive classified positions; directs the department of civil service to establish qualifications and examinations for employment and promotion in the affirmative action classification; provides that such officers and administrators shall report directly to their agency head; provides for annual affirmative action continuing education; requires every state agency employing 100 or more employees to employ a full-time affirmative action officer or administrator; requires agency affirmative action officers and administrators to appoint deputies, who shall participate in all interviews and determinations relating to the recruitment, appointment and promotion of employees in classified positions.
BILL NUMBER:S1271 REVISED 1/10/13
TITLE OF BILL: An act to amend the civil service law, in relation to requiring certain state agencies to employ a competitive class affirmative action officer or administrator
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 affirmative 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 agency. This will help address the issue of lack of diversity in state agencies 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 learning 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 18 months prior to any examination 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 affirmative 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 eliminate such conflicts of interest and allow for affirmative action
officers/administrators to have civil rights as their sole responsibility.
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 employee performing such duties are not MOs. 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:
* Today, Hispanics make up over 16% of the entire state population but account 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 population in New York grew by 33%.
* 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: 2009-10: Referred to Civil Service & Pensions; Reported and Committed to Finance 2011-2012: Referred to Civil Service & Pensions
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Not applicable.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law, provided that subdivision 4 of section 12-a of the civil service law, as amended by section one of this act shall take effect on the 180th day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1271 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. PERKINS -- 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 requiring certain state agencies to employ a competitive class affirmative action offi- cer or administrator 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 AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS SECTION 12. DEFINITION. 12-A. AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS. S 12. DEFINITION. FOR THE PURPOSES OF THIS ARTICLE, "STATE AGENCY" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY PARAGRAPH (A) OF SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW. S 12-A. AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS. 1. EVERY AFFIRMATIVE ACTION OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR EMPLOYED BY THE STATE OR A STATE AGENCY SHALL BE DEEMED TO BE IN STATE SERVICE IN A COMPETITIVE POSITION. THE DEPARTMENT BY RULE AND REGULATION SHALL ESTABLISH QUALIFICATIONS AND EXAM FOR EMPLOYMENT AND PROMOTION WITHIN THE AFFIRMATIVE ACTION CLASSIFICATION. 2. EVERY AFFIRMATIVE ACTION OFFICER AND AFFIRMATIVE ACTION ADMINISTRA- TOR EMPLOYED BY A STATE AGENCY SHALL BE EMPLOYED BY AND REPORT DIRECTLY TO THE HEAD OF SUCH STATE AGENCY, AND SHALL NOT REPORT TO ANY OTHER PERSON OR PART OF ANY DEPARTMENT OF SUCH AGENCY.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02695-01-3 S. 1271 2
3. THE DEPARTMENT SHALL, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, ESTABLISH A CONTINUING EDUCATION PROGRAM FOR AFFIRMA- TIVE ACTION OFFICERS AND AFFIRMATIVE ACTION ADMINISTRATORS IN STATE SERVICE. SUCH PROGRAM SHALL PROVIDE INFORMATION ON AND A COURSE OF INSTRUCTION IN THE NECESSARY SKILLS FOR AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS, AND THE LAW, RULES AND REGULATIONS RELATING TO AFFIRMA- TIVE ACTION, EQUAL EMPLOYMENT OPPORTUNITY AND HUMAN RIGHTS. EVERY AFFIR- MATIVE ACTION OFFICER AND AFFIRMATIVE ACTION ADMINISTRATOR SHALL SUCCESSFULLY COMPLETE AFFIRMATIVE ACTION CONTINUING EDUCATION AT LEAST ONCE EVERY CALENDAR YEAR. THE DEPARTMENT SHALL SCHEDULE AND PROVIDE FOR THE PROVISION OF SUCH PROGRAM IN EACH REGION OF THE STATE AT LEAST TWICE A MONTH. 4. EVERY STATE AGENCY WHICH EMPLOYS ONE HUNDRED OR MORE EMPLOYEES SHALL EMPLOY A FULL-TIME AFFIRMATIVE ACTION OFFICER OR FULL-TIME AFFIR- MATIVE ACTION ADMINISTRATOR. PROVIDED, THAT NO PERSON SHALL BE REQUIRED TO TAKE AN EXAMINATION FOR A COMPETITIVE POSITION OF AFFIRMATIVE ACTION OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR UNTIL THE CONTINUING EDUCA- TION PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL HAVE BEEN AVAILABLE FOR NOT LESS THAN TEN MONTHS. THE EXAMINATIONS FOR THE COMPETITIVE POSITIONS OF AFFIRMATIVE ACTION OFFICER AND AFFIRMA- TIVE ACTION ADMINISTRATOR SHALL BE INTERNALLY PREPARED BY THE DEPART- MENT, IN CONSULTATION WITH A COMMITTEE, ESTABLISHED BY THE DEPARTMENT, COMPOSED OF ETHNICALLY AND GENDER DIVERSE EXAMINATION WRITERS. A MAJORI- TY OF THE MEMBERS OF SUCH COMMITTEE SHALL BE PERSONS HOLDING PERMANENT COMPETITIVE POSITIONS IN STATE SERVICE. 5. EACH STATE AGENCY AFFIRMATIVE ACTION OFFICER OR STATE AGENCY AFFIR- MATIVE ACTION ADMINISTRATOR SHALL APPOINT SUCH NUMBER OF DEPUTY AFFIRMA- TIVE ACTION OFFICERS OR DEPUTY AFFIRMATIVE ACTION ADMINISTRATORS AS SHALL BE NECESSARY TO ENABLE THE STATE AGENCY AFFIRMATIVE ACTION OFFICER OR STATE AGENCY AFFIRMATIVE ACTION ADMINISTRATOR TO PERFORM HIS OR HER DUTIES PURSUANT TO THIS TITLE. EVERY DEPUTY AFFIRMATIVE ACTION OFFICER AND DEPUTY AFFIRMATIVE ACTION ADMINISTRATOR SHALL REPORT DIRECTLY TO THE STATE AGENCY AFFIRMATIVE ACTION OFFICER OR STATE AGENCY AFFIRMATIVE ACTION ADMINISTRATOR. A DEPUTY AFFIRMATIVE ACTION OFFICER OR DEPUTY AFFIRMATIVE ACTION ADMINISTRATOR SHALL BE PRESENT AT, ACTIVELY ENGAGED IN AND CONSULTED ON THE RECRUITMENT, APPOINTMENT AND PROMOTION OF EMPLOYEES IN CLASSIFIED POSITIONS IN THE STATE AGENCY. SUCH PARTIC- IPATION IN THE APPOINTMENT AND PROMOTION OF CLASSIFIED EMPLOYEES BY DEPUTY AFFIRMATIVE ACTION OFFICERS AND DEPUTY AFFIRMATIVE ACTION ADMIN- ISTRATORS SHALL INCLUDE THE ACTIVE INVOLVEMENT AND PRESENCE OF SUCH AN OFFICER OR ADMINISTRATOR AT EVERY INTERVIEW, FOLLOW-UP INTERVIEW AND DETERMINATION OF THE PERSON TO BE APPOINTED OR PROMOTED TO A CLASSIFIED POSITION OF STATE SERVICE IN THE AGENCY. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, that subdivision 4 of section 12-a of the civil service law, as added by section one of this act, shall take effect on the one hundred eightieth day after it shall have become a law; provided, further, that any act or acts necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.