S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4207
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2011
                                      ___________
       Introduced   by  M.  of  A.  P. RIVERA,  ARROYO,  ORTIZ,  PERRY,  RAMOS,
         N. RIVERA, WRIGHT, HOOPER, J. RIVERA, WEPRIN -- Multi-Sponsored by  --
         M.  of A. AUBRY, BOYLAND, CAHILL, COOK, FARRELL, PEOPLES-STOKES, SWEE-
         NEY -- read once and referred to the Committee on Governmental Employ-
         ees
       AN ACT to amend the civil service law, in relation to requiring  certain
         state  agencies to employ a competitive class affirmative action offi-
         cer or administrator
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Article 2 of the civil service law is amended by adding a
    2  new title A-1 to read as follows:
    3                                  TITLE A-1
    4                      STATE AFFIRMATIVE ACTION OFFICERS
    5                             AND ADMINISTRATORS
    6  SECTION 12.   DEFINITION.
    7          12-A. AFFIRMATIVE ACTION OFFICERS AND ADMINISTRATORS.
    8    S 12. DEFINITION. FOR THE PURPOSES OF  THIS  ARTICLE,  "STATE  AGENCY"
    9  SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY PARAGRAPH (A)
   10  OF SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
   11    S  12-A.  AFFIRMATIVE  ACTION  OFFICERS  AND  ADMINISTRATORS. 1. EVERY
   12  AFFIRMATIVE ACTION OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR  EMPLOYED
   13  BY THE STATE OR A STATE AGENCY SHALL BE DEEMED TO BE IN STATE SERVICE IN
   14  A  COMPETITIVE  POSITION.  THE  DEPARTMENT  BY RULE AND REGULATION SHALL
   15  ESTABLISH QUALIFICATIONS AND EXAM FOR EMPLOYMENT  AND  PROMOTION  WITHIN
   16  THE AFFIRMATIVE ACTION CLASSIFICATION.
   17    2. EVERY AFFIRMATIVE ACTION OFFICER AND AFFIRMATIVE ACTION ADMINISTRA-
   18  TOR  EMPLOYED BY A STATE AGENCY SHALL BE EMPLOYED BY AND REPORT DIRECTLY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00130-01-1
       A. 4207                             2
    1  TO THE HEAD OF SUCH STATE AGENCY, AND SHALL  NOT  REPORT  TO  ANY  OTHER
    2  PERSON OR PART OF ANY DEPARTMENT OF SUCH AGENCY.
    3    3.  THE  DEPARTMENT  SHALL, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
    4  THIS SUBDIVISION, ESTABLISH A CONTINUING EDUCATION PROGRAM FOR  AFFIRMA-
    5  TIVE  ACTION  OFFICERS  AND  AFFIRMATIVE  ACTION ADMINISTRATORS IN STATE
    6  SERVICE. SUCH PROGRAM SHALL PROVIDE  INFORMATION  ON  AND  A  COURSE  OF
    7  INSTRUCTION  IN THE NECESSARY SKILLS FOR AFFIRMATIVE ACTION OFFICERS AND
    8  ADMINISTRATORS, AND THE LAW, RULES AND REGULATIONS RELATING TO  AFFIRMA-
    9  TIVE ACTION, EQUAL EMPLOYMENT OPPORTUNITY AND HUMAN RIGHTS. EVERY AFFIR-
   10  MATIVE   ACTION  OFFICER  AND  AFFIRMATIVE  ACTION  ADMINISTRATOR  SHALL
   11  SUCCESSFULLY COMPLETE AFFIRMATIVE ACTION CONTINUING EDUCATION  AT  LEAST
   12  ONCE EVERY CALENDAR YEAR.  THE DEPARTMENT SHALL SCHEDULE AND PROVIDE FOR
   13  THE PROVISION OF SUCH PROGRAM IN EACH REGION OF THE STATE AT LEAST TWICE
   14  A MONTH.
   15    4.  EVERY  STATE  AGENCY  WHICH  EMPLOYS ONE HUNDRED OR MORE EMPLOYEES
   16  SHALL EMPLOY A FULL-TIME AFFIRMATIVE ACTION OFFICER OR FULL-TIME  AFFIR-
   17  MATIVE ACTION ADMINISTRATOR.  PROVIDED, THAT NO PERSON SHALL BE REQUIRED
   18  TO  TAKE AN EXAMINATION FOR A COMPETITIVE POSITION OF AFFIRMATIVE ACTION
   19  OFFICER OR AFFIRMATIVE ACTION ADMINISTRATOR UNTIL THE CONTINUING  EDUCA-
   20  TION  PROGRAM  ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION
   21  SHALL HAVE BEEN AVAILABLE FOR NOT LESS THAN TEN MONTHS. THE EXAMINATIONS
   22  FOR THE COMPETITIVE POSITIONS OF AFFIRMATIVE ACTION OFFICER AND AFFIRMA-
   23  TIVE ACTION ADMINISTRATOR SHALL BE INTERNALLY PREPARED  BY  THE  DEPART-
   24  MENT,  IN  CONSULTATION WITH A COMMITTEE, ESTABLISHED BY THE DEPARTMENT,
   25  COMPOSED OF ETHNICALLY AND GENDER DIVERSE EXAMINATION WRITERS. A MAJORI-
   26  TY OF THE MEMBERS OF SUCH COMMITTEE SHALL BE PERSONS  HOLDING  PERMANENT
   27  COMPETITIVE POSITIONS IN STATE SERVICE.
   28    5. EACH STATE AGENCY AFFIRMATIVE ACTION OFFICER OR STATE AGENCY AFFIR-
   29  MATIVE ACTION ADMINISTRATOR SHALL APPOINT SUCH NUMBER OF DEPUTY AFFIRMA-
   30  TIVE  ACTION  OFFICERS  OR  DEPUTY  AFFIRMATIVE ACTION ADMINISTRATORS AS
   31  SHALL BE NECESSARY TO ENABLE THE STATE AGENCY AFFIRMATIVE ACTION OFFICER
   32  OR STATE AGENCY AFFIRMATIVE ACTION ADMINISTRATOR TO PERFORM HIS  OR  HER
   33  DUTIES  PURSUANT  TO THIS TITLE. EVERY DEPUTY AFFIRMATIVE ACTION OFFICER
   34  AND DEPUTY AFFIRMATIVE ACTION ADMINISTRATOR SHALL REPORT DIRECTLY TO THE
   35  STATE AGENCY AFFIRMATIVE ACTION  OFFICER  OR  STATE  AGENCY  AFFIRMATIVE
   36  ACTION  ADMINISTRATOR.  A  DEPUTY  AFFIRMATIVE  ACTION OFFICER OR DEPUTY
   37  AFFIRMATIVE ACTION ADMINISTRATOR SHALL BE PRESENT AT,  ACTIVELY  ENGAGED
   38  IN  AND  CONSULTED  ON  THE  RECRUITMENT,  APPOINTMENT  AND PROMOTION OF
   39  EMPLOYEES IN CLASSIFIED POSITIONS IN  THE  STATE  AGENCY.  SUCH  PARTIC-
   40  IPATION  IN  THE  APPOINTMENT  AND  PROMOTION OF CLASSIFIED EMPLOYEES BY
   41  DEPUTY AFFIRMATIVE ACTION OFFICERS AND DEPUTY AFFIRMATIVE ACTION  ADMIN-
   42  ISTRATORS  SHALL  INCLUDE THE ACTIVE INVOLVEMENT AND PRESENCE OF SUCH AN
   43  OFFICER OR ADMINISTRATOR AT EVERY  INTERVIEW,  FOLLOW-UP  INTERVIEW  AND
   44  DETERMINATION  OF THE PERSON TO BE APPOINTED OR PROMOTED TO A CLASSIFIED
   45  POSITION OF STATE SERVICE IN THE AGENCY.
   46    S 2. This act shall take effect on the ninetieth day  after  it  shall
   47  have  become  a law; provided, that subdivision 4 of section 12-a of the
   48  civil service law, as added by section  one  of  this  act,  shall  take
   49  effect  on  the  one  hundred eightieth day after it shall have become a
   50  law; provided, further, that any act or acts necessary to implement  the
   51  provisions of this act on its effective date are authorized and directed
   52  to be completed on or before such date.