Relates to reduction of positions in the New York city departments of sanitation and correction based upon seniority with an employer.
TITLE OF BILL: An act to amend the civil service law, in relation to reduction of positions in the New York city departments of sanitation and correction based upon seniority with an employer
PURPOSE: Amends the civil service law so that sworn members of the Sanitation and corrections force who, because of economy, consolidation or abolition of function, curtailment of activities or otherwise, positions in the competitive class are abolished or reduced in rank or salary grade, the reduction shall be predicated upon original appointment on a permanent basis in the grade or title in the service of the NYC Department of Sanitation or Corrections.
SUMMARY OF SPECIFIC PROVISIONS: Amends § 80 of the civil service law by adding a new subdivision 1-e.
JUSTIFICATION: With the threat of layoffs and reductions within the County of New York Sanitation and Correction Departments, the organization representing the sworn members of such forces request that the reduction position be based upon time in grade or title rather than total time on the job. Since the legislature has previously enacted similar legislation for the City of Buffalo, the City of New York (other departments), County of Nassau and the Monroe County Sheriff's Department, they request this legislation on behalf of the NYC Sanitation and Correction force.
LEGISLATIVE HISTORY: S.3895/A.6027 2011-12. Similar to Chapter 731 of 2004
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4229 2013-2014 Regular Sessions IN SENATE March 15, 2013 ___________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 reduction of posi- tions in the New York city departments of sanitation and correction based upon seniority with an employer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 80 of the civil service law is amended by adding a new subdivision 1-e to read as follows: 1-E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, ANY OF THE UNIFORMED FORCE OF THE DEPARTMENT OF SANITATION OR THE DEPARTMENT OF CORRECTION OF THE CITY OF NEW YORK SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE. WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE, POSI- TIONS IN THE COMPETITIVE CLASS ARE ABOLISHED OR REDUCED IN RANK OR SALA- RY GRADE, SUSPENSION OR DEMOTION, AS THE CASE MAY BE, AMONG INCUMBENTS HOLDING THE SAME OR SIMILAR POSITIONS SHALL BE MADE IN THE INVERSE ORDER OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION IN WHICH SUCH ABOLITION OR REDUCTION OF POSITIONS OCCURS, SUBJECT TO THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION EIGHTY-FIVE OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, HOWEVER, UPON THE ABOLITION OR REDUCTION OF POSITIONS, THOSE EMPLOYEES WHO HAVE NOT COMPLETED THEIR PROBATIONARY SERVICE SHALL BE SUSPENDED OR DEMOTED, AS THE CASE MAY BE, BEFORE ANY PERMANENT INCUMBENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES THE ORDER OF SUSPENSION OR DEMOTION SHALL BE DETERMINED AS IF SUCH EMPLOYEES WERE PERMANENT INCUMBENTS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08914-01-3