Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions.
TITLE OF BILL: An act to amend the civil service law, in relation to the calculation of seniority for purposes of layoffs or demotions
PURPOSE: The purpose of this proposed Bill is to amend § 80 of the New York State Civil Service Law which pertains to suspension or demotion upon the abolition or reduction of positions in the Civil Service as it applies to any members of any police agency in the State other than those police agencies already dealt with by §§ 1-a through 1-d of § 80. Specifically, this amendment seeks to base demotions and/or reductions in force on time in grade or title as opposed to time in the classified service. This amendment would address a longstanding problem in the police community, as witnessed by the fact that 4 police agencies (the City of Buffalo Police and Fire Departments, employees of secure detention facilities in the State of New York, sworn employees of the Monroe County Sheriff's Department, and the Nassau County Police Department) have already obtained passage of existing subdivisions 1-a through 1-d changing the measure from time in the classified service to time in grade or title.
JUSTIFICATION: Under the current law, suspensions or demotions in the Civil Service upon the abolition or reduction of positions must be made based upon seniority, with demotions or reductions in force to be made in "inverse order of original appointment on a permanent basis in the classified service" (CSL, § 80, § 1). The spirit of the law is to safeguard the employment of those employees with the most time in the system, with the general principle being "last in - first out". In the uniformed services, this law can have a reverse effect essentially retaining employees with shorter tenures in the civil service rank while demoting those with longer tenures in rank. For example, a police officer with ten years in rank as a Sergeant would have to be demoted before a police officer with 1 year in rank as a Sergeant if the latter had more time in the classified service. As mentioned above, several uniformed services operations have recognized this inequity and obtained individual legislative amendments to § 80 of the New York Civil Service Law requiring said demotions and reductions to be made by "inverse order of original appointment on a permanent basis in the grade or title". We believe that this is the preferred and equitable method to handle these issues within the context of the police community and that it should be adopted statewide, which this bill would do.
SUMMARY OF PROVISIONS: This Bill would add a new subsection 1-e to §80 of the New York State Civil Service Law to provide that in any police agency in the State of New York other than those already dealt with in subsections 1-a through 1-d of § 80, demotions or reductions in staff upon the abolition or reduction of positions would be made in 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 position occurs.
FISCAL IMPACT: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7075 IN SENATE April 27, 2012 ___________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 the calculation of seniority for purposes of layoffs or demotions 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, THE SWORN MEMBERS OF ANY POLICE AGENCY AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, OTHER THAN POLICE AGEN- CIES REFERRED TO IN SUBDIVISIONS ONE-A THROUGH ONE-D OF THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE. WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE, POSITIONS IN THE COMPETITIVE CLASS ARE ABOLISHED OR REDUCED IN RANK OR SALARY 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; PROVIDED, HOWEVER, THAT THE DATE OF ORIGINAL APPOINTMENT OF ANY SUCH INCUMBENT WHO WAS TRANSFERRED TO SUCH GOVERNMENTAL JURISDICTION FROM ANOTHER GOVERNMENTAL JURISDICTION UPON THE TRANSFER OF FUNCTIONS SHALL BE THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE CLASSI- FIED SERVICE IN THE SERVICE OF THE GOVERNMENTAL JURISDICTION FROM WHICH SUCH TRANSFER WAS MADE. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, HOWEVER, UPON THE ABOLITION OR REDUCTION OF POSITIONS IN THE COMPETITIVE CLASS, INCUMBENTS HOLDING THE SAME OR SIMILAR POSITIONS WHO HAVE NOT COMPLETED THEIR PROBATIONARY SERVICES 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. LBD15339-01-2