Bill S3811-2011

Establishes the qualifications of director of facilities of school districts

Establishes the qualifications of director of facilities of school districts.

Details

Actions

  • Jun 20, 2011: SUBSTITUTED BY A30
  • May 24, 2011: ADVANCED TO THIRD READING
  • May 23, 2011: 2ND REPORT CAL.
  • May 18, 2011: 1ST REPORT CAL.787
  • Mar 4, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - May 18, 2011
Ayes (11): Golden, Fuschillo, Hannon, Lanza, Martins, O'Mara, Perkins, Addabbo, Dilan, Savino, Serrano
Ayes W/R (1): Little

Memo

BILL NUMBER:S3811

TITLE OF BILL: An act to amend the civil service law, in relation to establishing the qualifications of director of facilities of school districts by the department of civil service

PURPOSE: Provides that the State Civil Service Department shall develop qualifications and eligibility standards for multiple tiers designated Director of Facilities I, II, & III and administer one test for the positions for school district in the state.

SUMMARY OF PROVISIONS: Section 1; Amends section 17 of the civil Service law, to authorize a.statewide exam for the positions of director of facilities in school districts throughout New York, and the development of eligibility criteria for examination of potential candidates for the positions of director of facilities based on qualifications and experience in accordance with article 4 section 50 of the civil service law.

Section 2; Amends Article 2 of the Civil Service Law, relates to the permanent appointment of persons currently serving as directors of school facilities to such position as may be properly classified by local civil service commissions or authorities.

Section 3; Amends section 23 of the Civil Service law, relating to the use of use of state and county eligible lists by municipal commissions for the appointment of directors of school facilities.

Section 4; effective date.

JUSTIFICATION: The roles and responsibilities of Directors of School Facilities have become more complex over the past 10 years as environmental safety regulations have advanced, cleaning and maintenance product development have evolved to include "green" products, and the complexity of the school facility has evolved into more than a one room school house. Technological innovation, sophisticated building environment controls, stricter safety requirements have all contributed to the greatly broaden the knowledge and expertise school facility directors need to be successful.

In order to generate the best candidate for Directors of School Facilities, the establishment of qualifications for the post of director of facilities of school districts is now a priority. A measure passed by the Senate and Assembly in 2008 would direct the State Civil Service Department to administer a test for Director of

Facilities for a school district. A.8473-A passed the Assembly on May 12, 2008, and the Senate on June 17, 2008, but was vetoed by Governor Paterson on July 7, 2008. In his veto message (No. 22), Governor Paterson cited technical concerns raised by the NYS Department of civil Service (DCS), but also comments that:

"The sponsors have brought an important issue to my attention, for which they deserve great credit. Steps must be taken to address the crucial issue they have raised: insuring that school districts are able to recruit the best individuals for this important position.

DCS has indicated that it will assess whether there are better ways to classify titles with similar responsibilities to directors of facilities. I also have directed my staff to work with the sponsors to craft a bill that would address the barriers to recruitment they have identified."

This bill has been developed to resolve the concerns expressed in the Governor's veto.

For the past several years many school districts have voiced concern over the lack of qualified candidates to fill the facilities director positions in their school districts. If a qualified individual from another area of the State is interested in a position then they must sit for another test in the area that has a job opening. One regional test would allow for the flexibility needed by school districts to reach qualified candidates no matter what area of the state they are from.

In addition, director of facilities is one of the only managerial positions left in a school district that does not have a statewide certification process, and this legislation would create such a process to benefit school districts around the State. The legislation also calls for a phase in period whereby anyone serving in an equivalent title would be waived into this position and would not have to take this test. If an equivalent position was inadvertently left off the list of equivalent positions, then a person in such a position would have the opportunity to apply for a waiver from the Department of Civil Service.

The legislation also removes the residency restriction from the test and allows all eligible applicants statewide to be considered for an open position. In addition, the State Department of Civil Service currently provides assistance to local jurisdictions to write the myriad of tests for the different local titles that exist for a director of facilities position.

LEGISLATIVE HISTORY: 2009-2010: A.11297 - Referred to Governmental Employees

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3811 2011-2012 Regular Sessions IN SENATE March 4, 2011 ___________
Introduced by Sen. GOLDEN -- 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 establishing the qualifications of director of facilities of school districts by the department of civil service THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 17 of the civil service law is amended by adding a new subdivision 5 to read as follows: 5. ADMINISTRATION OF CERTAIN DIRECTOR OF FACILITY POSITIONS. NOTWITH- STANDING THE PROVISIONS OF THIS SECTION, CHAPTER OR ANY PROVISIONS TO THE CONTRARY CONTAINED IN ANY GENERAL, SPECIAL, OR LOCAL LAWS, THE DEPARTMENT SHALL DEVELOP A STATEWIDE EXAM FOR THE POSITIONS OF DIRECTOR OF FACILITIES I, II, & III IN SCHOOL DISTRICTS THROUGHOUT THE STATE. SUCH ADMINISTRATION SHALL INCLUDE THE DEVELOPMENT OF ELIGIBILITY CRITE- RIA FOR EXAMINATION OF POTENTIAL CANDIDATES FOR THE POSITIONS OF DIREC- TOR OF FACILITIES I, II, & III BASED ON QUALIFICATIONS AND EXPERIENCE IN ACCORDANCE WITH SECTION FIFTY OF THIS CHAPTER. S 2. The civil service law is amended by adding a new section 17-a to read as follows: S 17-A. PLACEMENT OF CERTAIN DIRECTOR OF SCHOOL FACILITY POSITIONS. 1. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THE CONTINUED, UNINTER- RUPTED, ADEQUATE AND EFFICIENT OPERATION OF SCHOOL FACILITIES IS NECES- SARY FOR THE GENERAL WELFARE OF THE PEOPLE; THAT SUCH ADEQUATE OPERATION INVOLVES AND REQUIRES PERSONNEL WITH HIGHLY SPECIALIZED ABILITY, SKILL, TRAINING, AND KNOWLEDGE; THAT LOCAL CIVIL SERVICE COMMISSIONS MAY DECIDE TO CLASSIFY SUCH POSITIONS WHERE THEY CONSTITUTE BONA FIDE CIVIL SERVICE POSITIONS AS EVIDENCED BY FACTORS INCLUDING ENHANCED PAY, BENEFITS, AND DIGNITY OF POSITION; THAT WHILE COMPETITIVE EXAMINATION HAS BEEN DEEMED PRACTICABLE FOR DIRECTORS OF SCHOOL FACILITIES, TO REQUIRE SUCH EXAMINA- TION FOR VALID APPOINTMENT OF CURRENT LONG-STANDING EMPLOYEES WOULD
IRREPARABLY DISORGANIZE CERTAIN SCHOOL FACILITY OPERATIONS, ENDANGER THE SAFETY OF STUDENTS, AND INTERRUPT THE CONTINUITY AND EFFECTIVE PERFORM- ANCE OF IMPORTANT EDUCATIONAL OPERATIONS. 2. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY PROVISIONS TO THE CONTRARY CONTAINED IN ANY GENERAL, SPECIAL, OR LOCAL LAWS, ANY PERSON HOLDING A PERMANENT COMPETITIVE CLASS APPOINTMENT AS: (A) SUPERVISOR OF BUILDINGS AND GROUNDS - ALBANY CITY SCHOOL DISTRICT, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIREC- TOR OF FACILITIES AND TRANSPORTATION, DIRECTOR OF FACILITIES AND OPER- ATIONS - ALBANY COUNTY; (B) SUPERINTENDENT OF BUILDINGS AND GROUNDS - ALLEGANY COUNTY; (C) DIRECTOR OF SCHOOL FACILITIES I, II AND III; DIRECTOR OF SCHOOL FACILITIES AND OPERATIONS III - BROOME COUNTY; (D) SUPERINTENDENT OF BUILDINGS & GROUNDS - CATTARAUGUS COUNTY; (E) SUPERINTENDENT OF BUILDINGS AND GROUNDS - CAYUGA COUNTY; (F) FACILITIES MANAGER - FORESTVILLE SCHOOL, MAINTENANCE AND TRANSPOR- TATION MANAGER - RIPLEY CSD, SUPERINTENDENT OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND TRANSPORTATION - DUNKIRK SCHOOL DISTRICT, SENIOR BUILDING AND MAINTENANCE MECHANIC - FREDONIA CSD, DIRECTOR OF FACILITIES AND OPERATIONS AND SUPERINTENDENT OF BUILDINGS AND GROUNDS - CITY OF JAMESTOWN - CHAUTAUQUA COUNTY; (G) SUPERINTENDENT OF BUILDINGS AND GROUNDS, SUPERVISOR OF BUILDINGS AND GROUNDS - CHEMUNG COUNTY; (H) SUPERINTENDENT OF BUILDINGS AND GROUNDS - CHENANGO COUNTY; (I) SUPERINTENDENT OF BUILDINGS AND GROUNDS; SUPERINTENDENT OF BUILD- INGS AND GROUNDS II; SUPERINTENDENT OF BUILDINGS AND GROUNDS I; SUPER- INTENDENT OF BUILDINGS AND TRANSPORTATION - CLINTON COUNTY; (J) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS- PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - COLUMBIA COUNTY; (K) SUPERINTENDENT OF BUILDINGS AND GROUNDS - CORTLAND COUNTY; (L) SUPERINTENDENT OF BUILDINGS AND GROUNDS, HEAD CUSTODIAN - FRANKLIN CSD, MARGARETVILLE CSD & SOUTH KORTWRIGHT CSD - DELAWARE COUNTY; (M) DIRECTOR OF FACILITIES AND OPERATIONS I, II, III - DUTCHESS COUN- TY; (N) SUPERINTENDENT OF BUILDINGS AND GROUNDS - ERIE COUNTY; (O) SUPERINTENDENT OF BUILDINGS AND GROUNDS; SUPERINTENDENT OF BUILD- INGS, GROUNDS AND TRANSPORTATION - ESSEX COUNTY; (P) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES AND OPERATIONS I & II; DIRECTOR OF FACILITIES - FRANKLIN COUNTY; (Q) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS- PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - FULTON COUNTY; (R) SUPERVISOR OF BUILDINGS AND GROUNDS - GENESEE COUNTY; (S) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF SCHOOL FACILITIES, DIRECTOR OF FACILITIES AND TRANSPORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - GREENE COUNTY; (T) FACILITIES MANAGER, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES; HEAD CUSTODIAN - SOUTH JEFFERSON CENTRAL SCHOOL; HEAD CUSTODIAN - THOUSAND ISLAND CENTRAL SCHOOL - JEFFERSON COUNTY; (U) SUPERINTENDENT OF BUILDINGS AND GROUNDS; SUPERVISOR OF BUILDINGS AND GROUNDS; TRANSPORTATION AND BUILDING MAINTENANCE SUPERVISOR - LEWIS COUNTY; (V) SUPERINTENDENT OF BUILDINGS AND GROUNDS - LIVINGSTON COUNTY;
(W) SUPERINTENDENT OF BUILDINGS AND GROUNDS, SUPERVISOR OF BUILDINGS AND GROUNDS - MADISON COUNTY; (X) DIRECTOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS - MONROE COUNTY; (Y) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS- PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - MONTGOMERY COUNTY; (Z) DIRECTOR OF SCHOOL FACILITIES AND OPERATIONS I, II, III, IV, DIRECTOR OF SCHOOL FACILITIES PLANNING AND DIRECTOR OF SCHOOL FACILI- TIES, OPERATIONS AND TRANSPORTATION - NASSAU COUNTY; (AA) DIRECTOR OF FACILITIES AND OPERATIONS I, DIRECTOR OF FACILITIES AND OPERATIONS II - NIAGARA COUNTY; (BB) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, PLANT MANAGER, MAINTENANCE SUPERVISOR, HEAD CUSTODIAN - ORISKANY CSD & NEW YORK MILLS UFSD - ONEIDA COUNTY; (CC) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANSPORTATION - ONONDAGA COUNTY; (DD) DIRECTOR, DIRECTOR OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILI- TIES AND OPERATIONS - ONTARIO COUNTY; (EE) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES AND OPERATIONS, DIRECTOR OF BUILDINGS AND GROUNDS, DIRECTOR OF BUILDING MAINTENANCE AND DIRECTOR OF OPERATIONS - ORANGE COUNTY; (FF) DIRECTOR OF OPERATIONS AND MAINTENANCE, SUPERINTENDENT OF BUILD- INGS AND GROUNDS - ORLEANS COUNTY; (GG) SUPERINTENDENT OF BUILDINGS AND GROUNDS, SUPERVISOR OF BUILDINGS AND GROUNDS - CITY OF OSWEGO, MANAGER OF BUILDINGS & GROUNDS & SECURITY - CITY OF FULTON - OSWEGO COUNTY; (HH) SUPERINTENDENT OF BUILDINGS & GROUNDS, HEAD CUSTODIAN - MORRIS CSD, DIRECTOR OF FACILITIES - OTSEGO COUNTY; (II) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS- PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - RENSSELAER COUNTY; (JJ) DIRECTOR OF FACILITIES I, DIRECTOR OF FACILITIES II, DIRECTOR OF FACILITIES III - ROCKLAND COUNTY; (KK) BUILDINGS AND GROUNDS SUPERVISOR, SUPERINTENDENT OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS I, SUPERINTENDENT OF BUILDINGS AND GROUNDS II, SUPERINTENDENT OF BUILDINGS & GROUNDS & TRANS- PORTATION; DIRECTOR OF OPERATIONS - ST. LAWRENCE COUNTY; (LL) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES I, II AND III - CITY OF SARATOGA SPRINGS, DIRECTOR OF FACILITIES AND TRANSPORTA- TION, DIRECTOR OF FACILITIES AND OPERATIONS - SARATOGA COUNTY; (MM) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS- PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - SCHENECTADY COUNTY; (NN) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERVISOR OF BUILDINGS, FACILITIES AND GROUNDS, MAINTENANCE SUPERVISOR - SHARON SPRINGS, HEAD CUSTODIAN - GILBOA CONESVILLE, SCHOHARIE COUNTY; (OO) SUPERINTENDENT OF BUILDINGS AND GROUNDS, BUILDING MAINTENANCE SUPERVISOR - SCHUYLER COUNTY; (PP) DIRECTOR OF FACILITIES AND GROUNDS - SENECA COUNTY; (QQ) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES AND OPERATIONS I, HEAD BUILDING MAINTENANCE MECHANIC - STEUBEN COUNTY; (RR) PLANT FACILITIES ADMINISTRATOR - SUFFOLK COUNTY; (SS) DIRECTOR OF FACILITIES SUPPORT AND SERVICES I, II, III - SULLIVAN COUNTY;
(TT) SUPERINTENDENT OF BUILDINGS AND GROUNDS - TIOGA COUNTY; (UU) SUPERINTENDENT OF BUILDINGS AND GROUNDS, MAINTENANCE SUPERVISOR, DIRECTOR OF SCHOOL FACILITIES AND OPERATIONS III - TOMPKINS COUNTY; (VV) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES AND OPERATIONS, DIRECTOR OF OPERATIONS AND MAINTENANCE, DIRECTOR OF BUILDINGS AND GROUNDS, DIRECTOR OF BUILDING MAINTENANCE AND DIRECTOR OF OPERATIONS - ULSTER COUNTY; (WW) SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES - GLENS FALLS CITY, DIRECTOR OF FACILITIES AND TRANSPORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - WARREN COUNTY; (XX) SUPERVISOR OF BUILDINGS AND GROUNDS, SUPERINTENDENT OF BUILDINGS AND GROUNDS, DIRECTOR OF FACILITIES, DIRECTOR OF FACILITIES AND TRANS- PORTATION, DIRECTOR OF FACILITIES AND OPERATIONS - WASHINGTON COUNTY; (YY) DIRECTOR OF FACILITIES AND OPERATIONS II - WAYNE COUNTY; (ZZ) DIRECTOR OF SCHOOL FACILITIES AND OPERATIONS MAINTENANCE - WEST- CHESTER COUNTY; (AAA) SUPERINTENDENT OF BUILDINGS AND GROUNDS - WYOMING COUNTY; (BBB) BUILDING AND MAINTENANCE SUPERVISOR, SUPERINTENDENT OF BUILDINGS AND GROUNDS; OR ANY OTHER COMPETITIVE POSITIONS NOT DELINEATED IN THIS SECTION THAT ARE AN EQUIVALENT COMPETITIVE POSITION TO THOSE LISTED IN THIS SECTION, WHO WAS SERVING IN SUCH CAPACITY ON THE DATE THE FIRST EXAM IS ADMINIS- TERED FOR SUCH POSITION PURSUANT TO SECTION SEVENTEEN OF THIS CHAPTER, SHALL RECEIVE A PERMANENT APPOINTMENT TO SUCH POSITION AS MAY BE PROPER- LY CLASSIFIED BY THE LOCAL CIVIL SERVICE COMMISSION HAVING JURISDICTION, WITHOUT FURTHER EXAMINATION OR QUALIFICATIONS AND SHALL HAVE ALL THE RIGHTS AND PRIVILEGES OF THE JURISDICTIONAL CLASS TO WHICH SUCH POSITION MAY BE ALLOCATED. S 3. Subdivisions 4 and 4-a of section 23 of the civil service law, subdivision 4 as amended by chapter 647 of the laws of 1995 and subdivi- sion 4-a as amended by chapter 141 of the laws of 1982, are amended to read as follows: 4. Use of state and county eligible lists by municipal commissions. A municipal commission, in the absence of an eligible list of its own, may request the state civil service department, county civil service commis- sion or county personnel officer to furnish it with the names of persons on an appropriate eligible list established by the department, commis- sion or personnel officer, which, if so requested by the municipal commission, shall be limited to residents of the city, or town or civil division in which appointments are to be made, or to residents of the county or judicial district in which such city, town or civil division is located, or to any reasonable combination of political subdivisions both in and outside of New York state contiguous to the city or civil division in which appointment is to be made or contiguous to the poli- tical subdivision in which such city or civil division is located, EXCEPT FOR THE POSITION OF DIRECTOR OF FACILITIES I, II, & III OF A SCHOOL DISTRICT LOCATED WITHIN THE STATE WHICH SHALL USE THE LIST DEVEL- OPED PURSUANT TO SUBDIVISION FIVE OF SECTION SEVENTEEN OF THIS CHAPTER. Such municipal commission may certify such names for appointment to a position under its jurisdiction in the same manner as certifications are made from the eligible lists of such commission. If the state civil service department, county civil service commission or county personnel officer, upon the request of such commission, has certified an appropri- ate eligible list to fill a particular position, such list shall contin- ue to be used until superseded by an eligible list established by such
municipal commission for such position, or until such list expires or is exhausted or is otherwise terminated. 4-a. Residence restrictions for local positions. The state civil service department or municipal commission having jurisdiction over positions in a city or civil division may require that candidates for examination for appointment to any such positions be residents of such city or civil division, or residents of the county or judicial district in which such city or civil division is located, or of any reasonable combination of political subdivisions both in and outside of New York state contiguous to such city or civil division or contiguous to the political subdivision in which such city or civil division is located, EXCEPT FOR CANDIDATES FOR THE POSITION OF DIRECTOR OF FACILITIES I, II, & III OF A SCHOOL DISTRICT LOCATED WITHIN THE STATE. An appointing authority of a department or agency of a city or civil division may require that eligibles who are residents of such city or civil division shall be certified first for appointment, EXCEPT FOR CANDIDATES FOR THE POSITION OF DIRECTOR OF FACILITIES I, II, & III OF A SCHOOL DISTRICT LOCATED WITHIN THE STATE, WHEREIN NO SUCH RESIDENCE REQUIREMENTS SHALL APPLY, provided, however, no such preference shall be given on appoint- ments from promotion lists. Upon exhaustion of the list of such resident eligibles, certifications shall be made from the whole eligible list. This subdivision shall not be deemed to supersede any general or special law pertaining to residence qualifications of local officers or employ- ees; provided, however, that any permanent employee who has been suspended or demoted from a position and is on a preferred list for reinstatement, shall not be barred from reinstatement solely on the basis of residency requirements established subsequent to such suspen- sion or demotion, in the event the employee does not meet such residence qualifications but, nonetheless, was originally properly appointed. S 4. This act shall take effect immediately.

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