Allows employees who are involuntarily transferred to a different promotion unit the right to remain on the promotion eligible list from which they were involuntarily transferred.
BILL NUMBER:S7274 REVISED 5/9/14
TITLE OF BILL: An act to amend the civil service law, in relation to permitting the name of a promotion candidate to appear on two promotion eligible lists for the same title, under certain circumstances
PURPOSE OR GENERAL IDEA OF THE BILL: The bill would permit those who have been involuntarily transferred or reassigned from one promotion unit to a different promotion unit the right to have their name remain on the promotion unit eligible list that they were on prior to being transferred or reassigned.
SUMMARY OF SPECIFIC PROVISIONS: Amend Section 52.15 to permit promotion eligibility of persons who have been involuntarily transferred or reassigned to another state agency, department and/or promotion unit. This bill would make it possible for an employee whose name appears on a promotion unit eligible list and who is subsequently involuntarily transferred or reassigned to a different promotion unit, the right to have their name remain active on the former promotion unit's eligible list for the duration of the life of the eligible list.
JUSTIFICATION: There have been many changes to New York State Government over the last few years. This has included the consolidation of state functions as well as the establishment of a new agency (The Justice Center). These changes have resulted in State employees being involuntarily transferred or reassigned to different promotion units than they were in.
Currently, when an employee is transferred or reassigned to another promotion unit their name is removed from the promotion unit eligible list they were on and placed on the promotion unit eligible list for the new promotion unit. Many times the title(s) that employees are on the promotion unit eligible list for do not exist at the agency, department or promotion unit in which they were involuntarily transferred or reassigned to. In other cases these employees had more opportunity to be promoted in their former agency, department or promotion unit. It is not fair that employees lose these promotional opportunities when it was not their choice to be transferred or reassigned.
This amendment would allow for employees who are involuntarily transferred or reassigned the right to remain on the promotion unit eligible list they were on prior to such change. This will assure that employees in these situations are afforded the same promotional opportunities that they would have had if they had not been involuntarily transferred or reassigned.
PRIOR LEGISLATIVE HISTORY: None
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Effective Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7274 IN SENATE May 8, 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 permitting the name of a promotion candidate to appear on two promotion eligible lists for the same title, under certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 15 of section 52 of the civil service law, as amended by section 6 of part O of chapter 55 of the laws of 2012, is amended to read as follows: 15. Promotion eligibility of person INVOLUNTARILY transferred OR REAS- SIGNED to
[the office of information technology services]ANOTHER AGEN- CY, DEPARTMENT AND/OR PROMOTION UNIT WITHIN STATE SERVICE. Notwithstand- ing any other provision of this chapter, the names of permanent employees INVOLUNTARILY transferred OR REASSIGNED from a state agency [or department to the office of information technology services], DEPARTMENT OR PROMOTION UNIT TO ANOTHER STATE AGENCY, DEPARTMENT AND/OR PROMOTION UNIT shall remain on any promotion eligible list for appoint- ment in the FORMER STATE agency [or], department OR PROMOTION UNIT from which such employees were transferred OR REASSIGNED, [for a period of one year or]until the expiration of such list [, whichever occurs first]. Further, where the promotion eligible list on which such employ- ees' names appear is established in the [office of information technolo- gy services]STATE AGENCY, DEPARTMENT OR PROMOTION UNIT IN WHICH THEY WERE TRANSFERRED OR REASSIGNED, the names of employees so transferred OR REASSIGNED shall be added to such promotion eligible list. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14908-01-4