Establishes procedures for the order of suspension or demotion of employees in certain occupations.
TITLE OF BILL: An act to amend the civil service law, in relation to suspension or demotion upon the abolition or reduction of positions
PURPOSE: This bill will allow all therapists employed by the City School District of the City of New York prior to January 1, 2014 to retain their years of service for retention purposes.
SUMMARY OF PROVISIONS: A new subsection 1-f is added to section 80 of the civil service law to allow all occupational and physical therapists who are presently employed by the City School District of the City of new York and who were so employed by the City of New York and who were so employed prior to January 1, 2014 as provisional employees, for the purpose of priority of retention and for no other purpose, to have their date of original appointment be deemed the date such employment began prior to January 1, 2014.
JUSTIFICATION: The City School District of the City of New York had not, prior to December 31, 2013, given a civil service test for occupational and physical therapists for at least 30 years. All therapists working in the title of occupational therapist-BOE, physical therapist-BOE, senior occupational therapist-BOE, senior physical therapist-BOE or supervising therapist were professionals. A test was finally given in December, 2013. Under section 80 of the Civil Service Law, after January 1, 2014, if a layoff in any of these titles were necessary, all such employees would receive no credit for the years of service prior to 1/1/2014. This legislation would grant them credit for all of their years of service in these titles for retention purposes only. These employees should not lose the benefit of all their years of service because the school district neglected to give civil service examinations for thirty years.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7226 IN SENATE May 6, 2014 ___________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 suspension or demotion upon the abolition or reduction of positions 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-f to read as follows: 1-F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, EMPLOYEES OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, APPOINTED TO THE TITLES OF OCCUPATIONAL THERAPIST-DOE OR PHYSICAL THERA- PIST-DOE, SHALL BE SUBJECT TO THE FOLLOWING PROCEDURE: WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTION, CURTAILMENT OF ACTIV- ITIES 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 IF ANY PERSON SO EMPLOYED WAS EMPLOYED IN THE TITLE OF OCCUPATIONAL THERAPIST-DOE, PHYSICAL THERAPIST-DOE, SENIOR OCCUPATIONAL THERAPIST-DOE, SENIOR PHYSICAL THERAPIST-DOE OR SUPERVISING THERAPIST PRIOR TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, FOR PURPOSES OF THIS SUBDIVISION REGARDING PRIORITY OF RETENTION AND FOR NO OTHER PURPOSE, THE DATE OF ORIGINAL APPOINTMENT OF ANY SUCH PERSON SHALL BE DEEMED TO BE THE DATE SUCH EMPLOYMENT COMMENCED PRIOR TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14988-01-4