NY State Senate Bill 2013-S6999

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2014	referred to governmental employees delivered to assembly passed senate
May 21, 2014	advanced to third reading
May 20, 2014	2nd report cal.
May 19, 2014	1st report cal.799
Apr 11, 2014	referred to civil service and pensions

Votes

- Jun 12, 2014 - Floor Vote
  S6999
  
  44
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2014
      
      aye (44)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Grisanti
      
      Hoylman-Sigal
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      nay (13)
      
      DeFrancisco
      
      Gallivan
      
      Griffo
      
      Hannon
      
      LaValle
      
      Little
      
      Marcellino
      
      Marchione
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      Zeldin
      
      excused (4)
      
      Espaillat
      
      Hassell-Thompson
      
      Kennedy
      
      Smith
  May 19, 2014 - Civil Service And Pensions Committee Vote
  S6999
  
  6
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 19, 2014
      
      aye (6)
      
      Dilan
      
      Golden
      
      Lanza
      
      Perkins
      
      Sanders Jr.
      
      Savino
      
      nay (3)
      
      Hannon
      
      Martins
      
      Ritchie
      
      aye wr (2)
      
      Addabbo Jr.
      
      Maziarz

co-Sponsors

View additional co-sponsors

2013-S6999 (ACTIVE) - Details

See Assembly Version of this Bill:: A9368
Current Committee:: Assembly Governmental Employees
Law Section:: Civil Service Law
Laws Affected:: Amd §61, Civ Serv L

2013-S6999 (ACTIVE) - Summary

Relates to promotions from an eligible list; provides that promotions shall be made in descending list order beginning with the candidate standing highest on such eligible list.

2013-S6999 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6999

TITLE OF BILL:  An act to amend the civil service law, in relation to
promotions from an eligible list

PURPOSE:

To allow municipalities to require promotions to be made in descending
eligible list order to avoid passing over individuals for promotion.

SUMMARY OF PROVISIONS:

Amends subdivision 1 of section 61 of the civil service law to allow
for the state or municipality to allow for promotions to be made in
descending list order beginning with the candidate with the highest
standing on such eligible list.

JUSTIFICATION:

This bill would allow a municipality to require a public employer to
use strict list order, rather than the "1 in 3 Rule" for promotions.
Traditionally, the "Rule of 3" or the "1 in 3 Rule" allows a public
employer to choose 1 from among the top 3 persons certified by the
applicable civil service commission on the eligible civil service
list. The "1 in 3 Rule" allows a public employer to consider factors
other than test scores when making appointments and promotions, which

is unnecessary because an employer has ample opportunity to evaluate
the employee during the probationary period following appointment. The
use of strict list order in promotions would afford employees with a
guarantee of being offered a promotion based on their examination
score, not other subjective considerations.

The "1 in 3 Rule" causes employees who are "considered, and not
selected" to speculate about the reasons for the bypass. Technically,
the employer has no obligation to provide the employee with a reason
for non-selection. Nor does the employee have a right to appeal the
employer's decision. Despite this, employees still challenge these
"considered, and not selected" decisions on discrimination or reverse
discrimination grounds. A strict list order rule would eliminate the
speculation and perception of unfairness and bias, and eliminate the
costs associated with investigating these challenges.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

2013-S6999 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6999

                            I N  S E N A T E

                             April 11, 2014
                               ___________

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 promotions from an
  eligible list

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 61 of the civil service law, as
added by chapter 790 of the laws of 1958, is amended to read as follows:
  1. Appointment  or  promotion  from  eligible  lists.  Appointment  or
promotion  from  an eligible list to a position in the competitive class
shall be made by the selection of one of the three persons certified  by
the  appropriate  civil  service  commission as standing highest on such
eligible list who are willing to accept such appointment  or  promotion;
provided, however, that the state or a municipal commission may provide,
by rule, that where it is necessary to break ties among eligibles having
the  same  final examination ratings in order to determine their respec-
tive standings on the eligible list, appointment  or  promotion  may  be
made  by the selection of any eligible whose final examination rating is
equal to or higher than the final examination rating of the third  high-
est  standing  eligible willing to accept such appointment or promotion.
PROVIDED, FURTHER HOWEVER, THAT THE STATE OR A MUNICIPAL COMMISSION  MAY
PROVIDE, BY RULE OR LOCAL LAW, THAT PROMOTIONS SHALL BE MADE IN DESCEND-
ING  LIST  ORDER  BEGINNING  WITH THE CANDIDATE STANDING HIGHEST ON SUCH
ELIGIBLE LIST WHO IS WILLING TO ACCEPT SUCH PROMOTION. Appointments  and
promotions  shall be made from the eligible list most nearly appropriate
for the position to be filled.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14517-01-4

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Senate Bill S6999

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 12, 2014 - Floor Vote

Floor Vote: Jun 12, 2014

May 19, 2014 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: May 19, 2014

co-Sponsors

2013-S6999 (ACTIVE) - Details

2013-S6999 (ACTIVE) - Summary

2013-S6999 (ACTIVE) - Sponsor Memo

2013-S6999 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6999

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

2013-S6999 (ACTIVE) - Details

2013-S6999 (ACTIVE) - Summary

2013-S6999 (ACTIVE) - Sponsor Memo

2013-S6999 (ACTIVE) - Bill Text download pdf

Comments