BILL NUMBER:S6998

TITLE OF BILL:  An act to amend the civil service law, in relation to
employment of persons with disabilities by municipalities

PURPOSE:

To require municipalities to treat employees appointed under the Civil
Service Law § 55-a as if they were employees in the competitive class
for lay-off purposes and to provide the appointees with seniority,
accruing from the date of appointment.

SUMMARY OF PROVISIONS:

Amends section 55-a of civil service law pertaining to employment of
persons with disabilities in municipalities.

New section 5 - requires municipalities to treat who were appointed to
the non-competitive class through this section of law to be treated as
competitive employees for layoff purposes due to economy,
consolidation, abolition of function, or other reduction or abolition
of rank or salary grade. For purposes of this section seniority shall
be deemed from the date of appointment.

JUSTIFICATION:

              

Section 55-a of the New York Civil Service Law allows qualified
persons with disabilities to be appointed to competitive civil service
positions without having to take an examination. This 55-a program was
enacted to encourage public employers to hire qualified persons with
disabilities to agency positions.

Unfortunately, while the 55-a Program provides the opportunity to work
in a position that would normally be reserved for the competitive
class, the current law does not provide the same protections to these
appointees. The 55-a appointees are considered non-competitive class
employees.

During a recent reduction in service, the Civil Service Law § 55-a
employees were ranked for lay-off with the non-competitive class,
despite years of successful work in a competitive class title with
competitive class peers. In some cases, 55-a employees with more
seniority than their competitive class peers were laid-off.

This bill would grant future 55-a appointees with seniority and
competitive class protections whenever there is a need for a reduction
in service.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediate.