Relates to an employees' ability to revert back to a previously held non-competitive or labor class title.
TITLE OF BILL: An act to amend the civil service law, in relation to suspension or demotion upon the abolition or reduction of positions for labor class titles
PURPOSE OR GENERAL IDEA OF BILL: To allow employees, who have been promoted pursuant to New York Civil Service Law Section 52(14), the ability to revert back to their underlying non-competitive or labor class title.
SUMMARY OF SPECIFIC PROVISIONS: Civil Service Law Section 52(14) would be amended to add a single sentence as follows: Any employee promoted pursuant to this section shall be permitted to revert back to their underlying non-competitive or labor class title
JUSTIFICATION: Service Law § 52(14) was intended to allow non-competitive and labor class employees, consistent with the manner competitive class employees are treated in similar circumstances, the ability to revert back to their underlying civil service title. The proposed amendment makes that intention explicit. The amendment ensures that employees, whose experience in a non-competitive and/or labor class title enabled their promotion, will not forfeit the right and privilege to revert back to their underlying title. The ability to revert back to an underlying title is crucial in the event of layoff, furlough or other staff reduction.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately upon signing
STATE OF NEW YORK ________________________________________________________________________ 5707 2011-2012 Regular Sessions IN SENATE June 11, 2011 ___________Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil service law, in relation to suspension or demotion upon the abolition or reduction of positions for labor class titles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 14 of section 52 of the civil service law, as added by chapter 433 of the laws of 1985 and renumbered by chapter 331 of the laws of 1986, is amended to read as follows: 14. Notwithstanding any other provision of law, in a city containing more than one county, the municipal civil service commission may, for titles designated by it, extend to employees in the service of a civil division or public authority under its jurisdiction who are holding a position in the non-competitive class or the labor class of such service the same opportunities as employees in the competitive class to take promotional examinations for which such non-competitive class or labor class service is determined by the municipal civil service commission to be appropriate preparation. ANY EMPLOYEE PROMOTED PURSUANT TO THIS SECTION SHALL BE PERMITTED TO REVERT BACK TO THEIR UNDERLYING NON-COM- PETITIVE OR LABOR CLASS 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. LBD11864-01-1