NY State Senate Bill 2015-S7145

Senate Bill S7145

2015-2016 Legislative Session

Relates to equal employment opportunity and affirmative action for classified civil service positions in the service of the state

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 31, 2016	referred to civil service and pensions

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2015-S7145 (ACTIVE) - Details

See Assembly Version of this Bill:: A8037
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add Art 2 Title A-1 §§12 - 12-e, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4977, S7233, A7326
2019-2020: S5063, A5184
2021-2022: S5655
2023-2024: S7264

2015-S7145 (ACTIVE) - Summary

Relates to implementing equal employment opportunity and affirmative action for classified civil service positions in the service of the state.

2015-S7145 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7145

 TITLE OF BILL :  An act to amend the civil service law, in relation
to implementing equal employment opportunity and affirmative action
for classified civil service positions in the service of the state

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation seeks to protect and strengthen the role of
affirmative action officers in all state agencies by providing that
each agency have a full-time affirmative action officer that reports
directly to the agency head and are provided with continued education
opportunities in the area of affirmative action, equal employment
opportunity and human rights.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1- Article 2 of the civil service law is amended by adding a
new title A-1. This article defines the process by which state
affirmative officers and administrators are hired into competitive
positions that will allow them the latitude to perform their duties
without fear of retaliation or job loss.

Section 2 - requires that every affirmative action
officer/administrator employed by a state agency shall be employed the
agency head and report directly to that person and no one else in so

as to provide these employees with access to the top decision making
authority in that agency. This will help address the issue of lack of
diversity in state agencies because workforce planning issues by
agency heads will have input by such employees. Affirmative action
officers/ administrator are required to participate in recruitment and
interviewing process.

Section 3 - requires for the establishment of a continuing education
program (CEP) for all affirmative action officers/administrators that
will help them gain the necessary skills to perform their jobs by
learning about rules and regulations relating to affirmative action,
equal employment opportunity and human rights. Changes in these laws
at both the federal and state level, and court decisions require such
ongoing training for these employees to be successful in their job
requirements. Requires that the CEP must be in place for 18 months
prior to any examination for AAO and AAA.

Section 4 - This section requires that all state agencies that
employee 100 or more employees shall have a full-time affirmative
action officer/administrator. Presently, many agencies do not have a
dedicated affirmative action officer/administrator and individuals now
performing such duties have conflict of interest situations because
they have other job requirements and other job classifications mixed
with their affirmative action duties. In large agencies, these
employees have no staff and are unable to perform these duties
effectively while having to focus on other job requirements because of
their dual job roles.  This will eliminate such conflicts of interest
and allow for affirmative action officers/administrators to have civil
rights as their sole responsibility.

 JUSTIFICATION :

A 2005 report by the New York State Assembly Puerto Rican/Hispanic
Task Force, a subsequent public hearing and other meetings with
minority workers has yielded valuable suggestion that need legislative
action to remedy what the 2005 report called, an appalling
under-representation of minorities in civil service and policy making
positions in the Pataki Administration. This is one of five proposals
put forward by task force to address the problems.

The lack of workforce diversity now seen in New York State was created
because over the years affirmative action officers/administrators have
no job protection, and are marginalized by agency heads. In fact, many
of the current employees performing such duties are not AAOs. This
legislation reverses this situation and strengthens the role of these
employees by providing them with a variety of tools.

This legislation mandates that all affirmative action
officers/administrators shall be hired as competitive classified
positions. The common practice of not providing AAAs and AAOs with
protected employment status has created fear and an inability to
authoritatively perform their duties.

This legislation will provide job security, promotion opportunities
and require that these employees report directly to agency head and no
one else. Presently AAOs report to a variety of low level managers
that show no priority in EEO guidelines. The result of this problem is
documented by the findings of the report mentioned above:

*In 2005, Hispanics made up over 16% of the entire state population
but accounted for only 3.8 percent or 6.515 of the 169.571 jobs in the
state government workforce. In real terms, this is a decline in close
to 1,000 jobs since 1991 or a 12.2% reduction in the number of
Hispanic state workers. This reduction came during a period when the
Hispanic population in New York grew by 33%.

*In 2015 Hispanics make up almost 19% of the entire state population
but account for 400 less jobs than they had in State government or
6,142 jobs out of 131,800.

*Since 1991, the African-American civil service workforce has seen a
dramatic decline. The 8,836 jobs lost by this group represent a 26.7%
decline in the African-American state workforce. This reduction came
during a period when the African-American population in New York grew
by 13.1%.

*For African-Americans, the loss of the 8,836 jobs at the average
state salary of $53,000 translates into a loss of over $468 million
dollars in annual salaries. For Hispanics their under-representation
translates into a loss of over $860 million in annual salaries.

 PRIOR LEGISLATIVE HISTORY :

A9337A of 2007 died in ways and means. Priority legislation of the
Puerto Rican/Hispanic Task Force.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Not applicable.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law, provided that subdivision of section 12-a of the civil
service law, as amended by section one of this act shall take effect
on the 180th day after it shall have become a law.

2015-S7145 (ACTIVE) - Bill Text download pdf

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

                                  7145

                            I N  S E N A T E

                             March 31, 2016
                               ___________

Introduced  by  Sen.  DIAZ  --  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 implementing equal
  employment opportunity and affirmative  action  for  classified  civil
  service positions in the service of the state

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

  Section 1. Article 2 of the civil service law is amended by  adding  a
new title A-1 to read as follows:
                                TITLE A-1
                   STATE EQUAL EMPLOYMENT OPPORTUNITY
SECTION 12.   STATEMENT OF POLICY.
        12-A. DEFINITIONS.
        12-B. EQUAL EMPLOYMENT OPPORTUNITY; DUTIES OF PRESIDENT.
        12-C. EXECUTIVE COMMITTEE FOR AFFIRMATIVE ACTION.
        12-D. DEVELOPMENT   AND  IMPLEMENTATION  OF  AFFIRMATIVE  ACTION
                PROGRAMS.
        12-E. AFFIRMATIVE ACTION ADVISORY COUNCIL.
  S 12. STATEMENT OF POLICY. IT SHALL BE THE POLICY OF THIS  STATE  THAT
EQUAL  EMPLOYMENT  OPPORTUNITY BE AFFORDED TO ALL PERSONS IN AND SEEKING
TO ENTER STATE SERVICE, AND THAT AFFIRMATIVE ACTION BE PROVIDED  IN  THE
ADMINISTRATION  OF  THIS CHAPTER, IN ACCORDANCE WITH THE REQUIREMENTS OF
THE HUMAN RIGHTS LAW (ARTICLE FIFTEEN OF  THE  EXECUTIVE  LAW)  AND  THE
MANDATES  OF  TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT. ACCORDINGLY, IT
SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT  TO  ENFORCE  THE  STATE'S
POLICY  OF  ENSURING  FULL  AND  EQUAL EMPLOYMENT FOR MINORITIES, WOMEN,
PERSONS WITH DISABILITIES AND VETERANS AT ALL  CLASSIFIED  POSITIONS  OF
STATE SERVICE.
  S 12-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
  1. "ADVISORY COUNCIL" SHALL MEAN THE AFFIRMATIVE ACTION ADVISORY COUN-
CIL ESTABLISHED BY SECTION TWELVE-E OF THIS TITLE.
  2. "EXECUTIVE COMMITTEE" SHALL MEAN THE EXECUTIVE COMMITTEE FOR AFFIR-
MATIVE ACTION ESTABLISHED BY SECTION TWELVE-C OF THIS TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09990-01-5

S. 7145                             2

  3.  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
TERM BY SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE
LAW, AND ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION  ESTABLISHED
PURSUANT TO STATUTE.
  4.  "VETERAN"  SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM
PURSUANT TO SUBDIVISION THREE OF SECTION  THREE  HUNDRED  FIFTY  OF  THE
EXECUTIVE LAW.
  S  12-B. EQUAL EMPLOYMENT OPPORTUNITY; DUTIES OF PRESIDENT. THE PRESI-
DENT SHALL:
  1. ISSUE RULES AND REGULATIONS FOR THE  PREPARATION  OF  ANNUAL  STATE
AGENCY  AFFIRMATIVE  ACTION PLANS, AND ANNUAL STATEWIDE GOALS AND OBJEC-
TIVES FOR THE EMPLOYMENT OF MINORITIES, WOMEN, PERSONS WITH DISABILITIES
AND VETERANS. IN  ADDITION,  THE  DEPARTMENT  SHALL  PROVIDE  STAFF  AND
PERSONNEL  FOR  THE  DEVELOPMENT  OF COMPREHENSIVE STATEWIDE AFFIRMATIVE
ACTION RULES, REGULATIONS, POLICIES, GOALS, OBJECTIVES  AND  IMPLEMENTA-
TION STRATEGIES;
  2. IN CONSULTATION WITH THE EXECUTIVE COMMITTEE, MONITOR THE IMPLEMEN-
TATION  OF  THE  WRITTEN AFFIRMATIVE ACTION PLANS OF STATE AGENCIES ON A
CONTINUING BASIS, INCLUDING THE  NEED  FOR  REVISING  OR  AMENDING  SUCH
PLANS,  AND  REPORT  TO  THE GOVERNOR AND THE LEGISLATURE ON A QUARTERLY
BASIS ON THE PROGRESS OF INCORPORATING ITS RECOMMENDATIONS FOR IMPROVING
AND STRENGTHENING SUCH PLANS;
  3. UPON HIS OR HER FINDING OF SUBSTANTIAL  NONCOMPLIANCE  BY  A  STATE
AGENCY  WITH  THE REQUIREMENTS OF THIS TITLE, NOTIFY SUCH AGENCY OF SUCH
FINDING AND PROPOSE A REMEDIAL PLAN OF ACTION. THE STATE  AGENCY  SHALL,
WITHIN  THIRTY  DAYS  OF RECEIPT OF SUCH NOTIFICATION, EITHER ACCEPT THE
PRESIDENT'S REMEDIAL PLAN OR SUBMIT AN ALTERNATIVE REMEDIAL PLAN THAT IS
ACCEPTABLE TO THE PRESIDENT. IF THE STATE AGENCY FAILS  TO  COMPLY  WITH
SUCH REQUIREMENT, THE PRESIDENT MAY ASSUME RESPONSIBILITY FOR THE IMPLE-
MENTATION OF A REMEDIAL PLAN OF ACTION UNTIL HE OR SHE IS SATISFIED THAT
THE STATE AGENCY WILL IMPLEMENT SUCH PLAN;
  4.  ANNUALLY  PREPARE AND SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A
REPORT OF THE COMPOSITION OF THE WORKFORCE IN  STATE  SERVICE  FOR  EACH
STATE  AGENCY BY SEX AND ETHNICITY FOR ALL JOB CATEGORIES, SALARY GRADES
AND CIVIL SERVICE CLASSIFICATIONS.  THE  PRESIDENT  SHALL  ALSO  CONDUCT
STUDIES  TO  IDENTIFY AND RESOLVE PROBLEMS IN ELIMINATING UNDERREPRESEN-
TATION AND UNDERUTILIZATION OF MINORITIES, WOMEN, PERSONS WITH DISABILI-
TIES AND VETERANS, AND PROMULGATE, AMEND AND/OR  REPEAL  ANY  RULES  AND
REGULATIONS NECESSARY TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR MINORI-
TIES,  WOMEN,  PERSONS WITH DISABILITIES AND VETERANS.  FURTHERMORE, THE
PRESIDENT SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE
RELATING TO THE ADOPTION OR AMENDMENT OF LAWS FOR THE SAME PURPOSE; AND
  5. IN CONSULTATION WITH THE EXECUTIVE COMMITTEE, REVIEW  EXISTING  AND
PROPOSED PROCEDURES FOR THE ABOLITION OF POSITIONS AND REDUCTIONS IN THE
STATE'S  WORKFORCE,  AND  MAKE  RECOMMENDATIONS DESIGNED TO MINIMIZE THE
EFFECTS OF SUCH PROCEDURES ON WOMEN, MINORITIES, PERSONS WITH  DISABILI-
TIES AND VETERANS.
  S 12-C. EXECUTIVE COMMITTEE FOR AFFIRMATIVE ACTION. 1. THERE IS HEREBY
ESTABLISHED  IN  THE  DEPARTMENT  AN EXECUTIVE COMMITTEE FOR AFFIRMATIVE
ACTION. THE EXECUTIVE COMMITTEE  SHALL  BE  COMPOSED  OF  THE  FOLLOWING
MEMBERS:
  (A) THE PRESIDENT, WHO SHALL BE THE CHAIR OF THE EXECUTIVE COMMITTEE;
  (B)  THE  COMMISSIONER OF HUMAN RIGHTS, WHO SHALL BE THE VICE-CHAIR OF
THE EXECUTIVE COMMITTEE;
  (C) THE SECRETARY TO THE GOVERNOR;
  (D) THE APPOINTMENTS SECRETARY TO THE GOVERNOR;

S. 7145                             3

  (E) THE SECRETARY OF STATE;
  (F) THE DIRECTOR OF THE BUDGET;
  (G) THE COMMISSIONER OF LABOR;
  (H) THE DIRECTOR OF EMPLOYEE RELATIONS;
  (I) THE DIRECTOR OF THE DIVISION FOR WOMEN;
  (J)  THE CHAIR OF THE STATE COMMISSION ON QUALITY OF CARE AND ADVOCACY
FOR PERSONS WITH DISABILITIES; AND
  (K) THE STATE DIRECTOR OF VETERANS' AFFAIRS.
  2. THE EXECUTIVE COMMITTEE SHALL ADVISE THE GOVERNOR AND  LEGISLATURE,
AND  ASSIST  THE PRESIDENT IN THE FORMULATION AND COORDINATION OF PLANS,
POLICIES AND PROGRAMS RELATING TO AFFIRMATIVE ACTION IN  STATE  AGENCIES
AND  IN  ENSURING  EFFECTIVE  IMPLEMENTATION OF SUCH POLICIES, PLANS AND
PROGRAMS.
  3. UPON THE WRITTEN REQUEST OF THE EXECUTIVE COMMITTEE, THE HEAD OF  A
STATE  AGENCY SHALL APPEAR BEFORE SUCH COMMITTEE AND REPORT IN PERSON ON
HIS OR HER AGENCY'S AFFIRMATIVE ACTION PROGRAM.  THE EXECUTIVE COMMITTEE
SHALL SCHEDULE SUCH AN APPEARANCE BY THE HEAD OF EACH STATE AGENCY,  AND
EACH SUCH HEAD SHALL PROVIDE THE EXECUTIVE COMMITTEE WITH ANY SUCH DATA,
INFORMATION  AND  REPORTS  AS  SUCH COMMITTEE SHALL REQUEST PRIOR TO THE
AGENCY HEAD'S APPEARANCE.
  S 12-D. DEVELOPMENT AND IMPLEMENTATION OF AFFIRMATIVE ACTION PROGRAMS.
1. EACH STATE AGENCY SHALL DEVELOP A WRITTEN AFFIRMATIVE ACTION PROGRAM,
WHICH SHALL INCLUDE THE DEVELOPMENT OF SPECIFIC GOALS AND TIMETABLES FOR
THE PROMPT ACHIEVEMENT OF FULL  AND  EQUAL  EMPLOYMENT  OPPORTUNITY  FOR
MINORITIES, WOMEN, PERSONS WITH DISABILITIES AND VETERANS.  EACH PROGRAM
SHALL  INCLUDE AN ANALYSIS OF PREVIOUS AGENCY ACTION TO INCREASE EMPLOY-
MENT OPPORTUNITIES FOR THE MEMBERS OF SUCH GROUPS.  EVERY PROGRAM  SHALL
BE  SUBMITTED  TO  THE  PRESIDENT  ON OR BEFORE JUNE FIRST, TWO THOUSAND
SIXTEEN AND EVERY THIRD YEAR THEREAFTER.  THE PRESIDENT SHALL REVIEW AND
EVALUATE EACH PROGRAM SUBMITTED  AND,  WHERE  NECESSARY,  SHALL  PROVIDE
ASSISTANCE   TO  STATE  AGENCIES  IN  IMPROVING  AND  IMPLEMENTING  SUCH
PROGRAMS.
  2. THE HEAD OF EACH STATE AGENCY SHALL DESIGNATE AN EMPLOYEE AS HIS OR
HER AGENCY'S FULL-TIME AFFIRMATIVE ACTION OFFICER, AND SHALL REPORT  THE
NAME  OF SUCH AFFIRMATIVE ACTION OFFICER TO THE PRESIDENT AND THE EXECU-
TIVE COMMITTEE. EVERY AFFIRMATIVE ACTION OFFICER SHALL  REPORT  DIRECTLY
TO  THE  HEAD  OF THE STATE AGENCY WHO APPOINTED HIM OR HER AND SHALL BE
PROVIDED BY THE STATE AGENCY WITH SUCH STAFF AS SHALL  BE  NECESSARY  TO
PERFORM  HIS OR HER DUTIES. THE NUMBER AND LEVEL OF STAFF SHALL BE BASED
ON SUCH FACTORS AS AGENCY SIZE, COMPLEXITY, NEED FOR AFFIRMATIVE  ACTION
AND MONIES APPROPRIATED THEREFOR.
  3.  ANNUALLY, ON OR BEFORE MARCH FIRST, EACH STATE AGENCY SHALL SUBMIT
A REPORT TO THE EXECUTIVE COMMITTEE AND  THE  PRESIDENT  ON  AFFIRMATIVE
ACTION. EVERY SUCH REPORT SHALL BE IN A FORMAT ESTABLISHED BY THE PRESI-
DENT  AND  INCLUDE  INFORMATION  ON THE AGENCY'S EMPLOYMENT ACTIONS WITH
RESPECT TO MINORITIES, WOMEN, PERSONS WITH  DISABILITIES  AND  VETERANS.
THE  REPORT  OF  EACH STATE AGENCY SHALL IDENTIFY THAT AGENCY'S ACHIEVE-
MENTS, DEFICIENCIES,  PROPOSED  SOLUTIONS  TO  PROBLEMS,  THE  NEED  FOR
EXTERNAL  ASSISTANCE AND SUCH OTHER INFORMATION AS MAY BE APPROPRIATE OR
REQUESTED.
  4. EVERY STATE AGENCY SHALL COOPERATE WITH THE PRESIDENT AND THE EXEC-
UTIVE COMMITTEE TO PROVIDE ANY INFORMATION, DATA AND REPORTS THAT MAY BE
REQUESTED FROM TIME TO TIME.
  5. THE DIVISION FOR WOMEN, THE  DIVISION  OF  VETERANS'  AFFAIRS,  THE
STATE  COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISA-
BILITIES AND ANY OTHER STATE AGENCY DESIGNATED  BY  THE  GOVERNOR  SHALL

S. 7145                             4

ASSIST  THE  PRESIDENT  AND  THE OTHER STATE AGENCIES TO COMPLY WITH THE
PROVISIONS OF THIS TITLE, BY PROVIDING EXPERTISE AND GUIDANCE  IN  THEIR
AREAS OF SPECIAL SENSITIVITY AND CONCERN.
  S 12-E. AFFIRMATIVE ACTION ADVISORY COUNCIL. 1. THERE IS HEREBY ESTAB-
LISHED  IN  THE  DEPARTMENT AN AFFIRMATIVE ACTION ADVISORY COUNCIL.  THE
MEMBERS OF THE ADVISORY COUNCIL SHALL BE THE  STATE  AGENCY  AFFIRMATIVE
ACTION  OFFICERS  APPOINTED  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
TWELVE-D OF THIS TITLE. THE MEETINGS AND  PROCEEDINGS  OF  THE  ADVISORY
COUNCIL  SHALL  BE CONDUCTED PURSUANT TO BY-LAWS ADOPTED BY ITS MEMBERS,
SUBJECT TO THE APPROVAL OF THE PRESIDENT.
  2. THE ADVISORY COUNCIL SHALL ADVISE THE PRESIDENT ON ALL EXISTING AND
PROPOSED POLICIES, PROCEDURES, PRACTICES AND  PROGRAMS  RELATING  TO  OR
AFFECTING AFFIRMATIVE ACTION.
  3.  THE ADVISORY COUNCIL SHALL SUBMIT A QUARTERLY REPORT ON ITS ACTIV-
ITIES TO THE PRESIDENT.
  S 2. This act shall take effect immediately.

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