S4562 - NY Senate Open Legislation - Relates to the duration of the probationary periods and disciplinary hearings for employees of the health and hospitals corporation of the city of NY in a non-competitive class

Sponsor: SAVINO
Co-sponsor(s): ADDABBO, THOMPSON
Committee: GOVERNMENTAL EMPLOYEES
Law Section: Civil Service Law

S4562 Summary

Changes the probationary period for employees of the health and hospital corporation of the city of NY in a non-competitive class who have completed at least one year of continuous service in his or her current title.

S4562 Actions

S4562 - DELIVERED TO GOVERNOR - Jul 19, 2010
S4562 - ORDERED TO THIRD READING CAL.479 - Jun 17, 2010
S4562 - PASSED ASSEMBLY - Jun 17, 2010
S4562 - RETURNED TO SENATE - Jun 17, 2010
S4562 - ORDERED TO THIRD READING CAL.1002 - Jun 16, 2010
S4562 - PASSED SENATE - Jun 16, 2010
S4562 - DELIVERED TO ASSEMBLY - Jun 16, 2010
S4562 - REFERRED TO GOVERNMENTAL EMPLOYEES - Jun 16, 2010
S4562 - COMMITTEE DISCHARGED AND COMMITTED TO RULES - Jun 15, 2010
S4562 - REPORTED AND COMMITTED TO FINANCE - May 11, 2010
S4562 - REFERRED TO CIVIL SERVICE AND PENSIONS - Jan 6, 2010
S4562 - ADVANCED TO THIRD READING - Jun 1, 2009
S4562 - 2ND REPORT CAL. - May 27, 2009
S4562 - 1ST REPORT CAL.445 - May 26, 2009
S4562 - REFERRED TO CIVIL SERVICE AND PENSIONS - Apr 24, 2009

S4562 Committee Meetings

Civil Service and Pensions: May 11, 2010: Chair: Diane Savino / Location: Room 512 LOB

Rules: Jun 17, 2010: Chair: Malcolm Smith / Location: Off the Floor

S4562 Calendars

Jul 9, 2009: FLOOR - BILLS ON THIRD READING

Jul 15, 2009: FLOOR - BILLS ON THIRD READING

Jul 16, 2009: FLOOR - BILLS ON THIRD READING

Jun 16, 2010: FLOOR - BILLS ON THIRD READING

S4562 Votes

Vote: Floor - Jun 16, 2010

Ayes (58): ADAMS, ADDABBO, ALESI, AUBERTINE, BONACIC, BRESLIN, DEFRANCISCO, DIAZ, DILAN, DUANE, ESPADA, FARLEY, FOLEY, FUSCHILLO, GOLDEN, GRIFFO, HANNON, HASSELL-THOMPSON, HUNTLEY, JOHNSON C, JOHNSON O, KLEIN, KRUEGER, KRUGER, LANZA, LARKIN, LAVALLE, LEIBELL, LIBOUS, LITTLE, MARCELLINO, MAZIARZ, MCDONALD, MONTGOMERY, NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PARKER, Peralta, PERKINS, ROBACH, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SEWARD, SKELOS, SMITH, SQUADRON, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY, VOLKER, WINNER, YOUNG
Nays (3): FLANAGAN, RANZENHOFER, SALAND
Excused (1): MORAHAN

Vote: Committee - Rules - Jun 16, 2010

Ayes (18): SMITH, ESPADA, STACHOWSKI, MONTGOMERY, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SERRANO, STEWART-COUSINS, DILAN, KLEIN, VALESKY, JOHNSON O, VOLKER, FARLEY, SEWARD, LARKIN
Ayes W/R (3): PADAVAN, LAVALLE, HANNON
Nays (2): SKELOS, SALAND

S4562 Memo

BILL NUMBER: S4562

TITLE OF BILL : An act to amend the civil service law, in relation to the duration of probationary periods and disciplinary hearings for certain employees in the non-competitive class

PURPOSE : This bill would provide a one year probationary period for employees of the New York city Health and Hospitals Corporation (HHC) appointed to a title on the non-competitive class. By doing so, it would afford section seventy-five of the civil service law hearing rights to such an employee

SUMMARY OF PROVISIONS :

Section 1 of the bill would provide a one year probationary period for employees of the New York city Health and Hospitals Corporation appointed to a title on the non-competitive class.

EXISTING LAW : Employees of HHC in the non-competitive class are subject to a five year probationary period pursuant to section seventy-five of the civil service law and Rule 5, section 5.2 of the Personnel Rules of the New York City Health and Hospitals Corporation

LEGISLATIVE HISTORY : None.

STATEMENT IN SUPPORT : Employees in the competitive class of civil service have a one year probationary period under State law. That one year duration is the default duration that applies to most public employees. This is for a good, common sense, reason

it should only take one year for a competent manager to determine that an employee performs at a competent level and is deserving of the right to a hearing before being fired. A five-year period such as that now required by HHC management pursuant to leeway granted by current statute and HHC Personnel Rules only serves to unfairly extend by fivefold the power of the manager to fire the employee at the manager's whim or will. This is unfair and unnecessary.

BUDGET IMPLICATIONS : Minimal. There would be hard to predict hearing costs for employees who otherwise could be fired without any due process.

EFFECTIVE DATE : The bill is effective immediately.

S4562 Text

S T A T E O F N E W Y O R K
4562
2009-2010 Regular Sessions I N SENATE April 24, 2009
Introduced by Sen. SAVINO -- 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 the duration of probationary periods and disciplinary hearings for certain employees in the non-competitive class THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1. The opening paragraph and paragraph (e) of subdivision 1 of section 75 of the civil service law, the opening paragraph as amended and paragraph (e) as added by chapter 842 of the laws of 1985, are amended and a new paragraph (f) is added to read as follows:
A person described in paragraph (a) or paragraph (b), or paragraph (c), or paragraph (d), or paragraph (e), OR PARAGRAPH (F) of this subdi vision shall not be removed or otherwise subjected to any disciplinary penalty provided in this section except for incompetency or misconduct shown after a hearing upon stated charges pursuant to this section. (e) an employee in the service of a police department within the state of New York holding the position of detective for a period of three continuous years or more; provided, however, that a hearing shall not be required when reduction in rank from said position is based solely on reasons of the economy, consolidation or abolition of functions, curtailment of activities or otherwise[.], OR (F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, AN EMPLOYEE OF THE HEALTH AND HOSPITALS CORPORATION OF THE CITY OF NEW YORK IN A TITLE IN THE NON-COM PETITIVE CLASS WHO HAS COMPLETED AT LEAST ONE YEAR OF CONTINUOUS SERVICE IN HIS OR HER CURRENT TITLE.

S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10671-01-9

S4562: Relates to the duration of the probationary periods and disciplinary hearings for employees of the health and hospitals corporation of the city of NY in a non-competitive class