Bill Text: NY A08514 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for crediting of probationary service when a person appointed provisionally receives a permanent appointment to the same title immediately following the provisional period.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-01-26 - signed chap.5 [A08514 Detail]

Download: New_York-2023-A08514-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8514

                   IN ASSEMBLY

                                     January 4, 2024
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees

        AN ACT to amend the civil service  law,  in  relation  to  crediting  of
          probationary service upon permanent appointment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 63 of the civil  service  law,  as
     2  amended  by a chapter of the laws of 2023 amending the civil service law
     3  relating to crediting of probationary service, as proposed  in  legisla-
     4  tive bills numbers S. 5494 and A. 7155, is amended to read as follows:
     5    1.  Every  original appointment to a position in the competitive class
     6  and every interdepartmental promotion from a position in one  department
     7  or  agency  to a position in another department or agency shall be for a
     8  probationary  term;  provided,  however,  that  upon   interdepartmental
     9  promotion  the appointing officer may waive the requirement of satisfac-
    10  tory completion of  the  probationary  term.  The  state  civil  service
    11  commission and municipal civil service commissions may provide, by rule,
    12  for  probationary  service upon intradepartmental promotion to positions
    13  in the competitive class  and  upon  appointment  to  positions  in  the
    14  exempt, non-competitive or labor classes.
    15    When  probationary  service  is  required upon promotion, the position
    16  formerly held by the person promoted shall be held open and shall not be
    17  filled, except on a temporary basis, pending completion  of  his  proba-
    18  tionary term.
    19    Notwithstanding  the foregoing or any other law or rule to the contra-
    20  ry, when a permanent appointment or  promotion  to  a  position  in  the
    21  competitive class is conditioned upon the completion of a term of train-
    22  ing  service  or  of  a period of service in a designated trainee title,
    23  such service and the probationary term  for  such  competitive  position
    24  shall run concurrently.
    25    Notwithstanding  the foregoing or any law or rule to the contrary, any
    26  person appointed provisionally in accordance with section sixty-five  of
    27  this  title who receives a permanent appointment to the same title imme-
    28  diately following the provisional appointment shall have all time  spent

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07676-02-4
        A. 8514                             2

     1  as  a  provisional appointment credited to any probationary term that is
     2  required upon permanent appointment to a position.
     3    §  2.  This  act  shall  take  effect on the same date and in the same
     4  manner as a chapter of the laws of 2023 amending the civil  service  law
     5  relating  to  crediting of probationary service, as proposed in legisla-
     6  tive bills numbers S. 5494 and A. 7155, takes effect.