Bill Text: NY A10445 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to civil service provisional employees; extends certain provisions.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2016-11-28 - signed chap.467 [A10445 Detail]
Download: New_York-2015-A10445-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10445 IN ASSEMBLY May 27, 2016 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to provisional employees of certain public employers; to amend chapter 5 of the laws of 2008 amending the civil service law relating to provisional employ- ees of certain public employers, in relation to extensions of certain negotiated agreements and extending the provisions of such chapter; and to amend part I of chapter 56 of the laws of 2008 amending the civil service law relating to excess provisional employees of a city having a population of one million or more, in relation to extending the provisions thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Statement of legislative findings and intent. The legisla- 2 ture hereby finds that the city of New York and other employers for 3 which the New York city department of citywide administrative services 4 ("DCAS") manages civil service appointments ("the DCAS employers") have 5 made substantial progress in reducing the number of provisional appoint- 6 ments since the inception of the planning process created by chapter 5 7 of the laws of 2008. The legislature additionally finds that the consti- 8 tutional mandate of making appointments and promotions "according to 9 merit and fitness to be ascertained, as far as practicable, by examina- 10 tion which, as far as practicable, shall be competitive," would be 11 furthered by maintaining, for an additional defined period, the orderly 12 planning and implementation process, including review by the state civil 13 service commission, originally established by that chapter and later 14 extended by chapter 284 of the laws of 2014. 15 However, the difficulties created by the large number of affected 16 titles and employees, and the potential operational and budgetary dislo- 17 cation, as well as potential difficulties in labor relations, that would 18 be caused by rapid turnover in the many remaining titles, require that 19 the constitutional mandate be furthered by unique means, limited to the 20 situation presented, that go beyond the simple extension or minor 21 modification of previous plans. In particular, thousands of provisional EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15648-01-6A. 10445 2 1 employees have crucial experience in implementing and directing key 2 initiatives that benefit the public. Therefore, in addition to the 3 substantial regimen of competitive testing that was contained in previ- 4 ous plans as well as proposed reclassification of titles where appropri- 5 ate, DCAS is authorized to administer an examination to provisional 6 employees with specified qualifications and experience. This examina- 7 tion, in the context of the present plan, will facilitate lawful 8 appointment of these employees to permanent competitive class positions, 9 and thereby accelerate the transition of the DCAS employers to a system 10 that does not require substantial use of provisional appointments. 11 § 2. Subdivision 5 of section 65 of the civil service law is amended 12 by adding two new paragraphs (c-2) and (c-3) to read as follows: 13 (c-2) Qualified incumbent examination. 14 (i) DCAS may administer a qualified incumbent examination ("QIE") for 15 appointment to any competitive title, consistent with subparagraph (ii) 16 of this paragraph, exclusively to current employees who, at the time of 17 application to take such examination, have served provisionally in such 18 title for two or more years. Provided that the employee taking such 19 examination shall meet the minimum educational and other specified 20 requirements set forth in the notice of examination for the title in 21 which he or she currently serves, as established by the DCAS employers, 22 an employee with two years of provisional service may be appointed from 23 the list resulting from such examination. Neither provisional service in 24 a title performed by an employee during a period of time in which there 25 existed an appropriate eligible list of candidates for the title, unless 26 such list was not adequate to fill all positions then held on a provi- 27 sional basis or was exhausted immediately following its establishment, 28 nor service in a temporary title established pending proposed reclassi- 29 fication shall count toward such two years of provisional service. 30 (ii) DCAS may administer a QIE only for those titles that are set 31 forth in section four of the chapter of the laws of two thousand sixteen 32 that added this paragraph. 33 (iii) DCAS shall not administer a QIE for any title for which (a) an 34 examination has been administered but an eligible list has not been 35 established, or (b) there exists an eligible list resulting from an open 36 competitive examination that contains three or more individuals. 37 (iv) A list resulting from a promotional examination for a title must 38 be exhausted before a list resulting from a QIE for that title may be 39 established. 40 (v) A list resulting from a QIE must be exhausted before an eligible 41 list resulting from an open competitive examination for that title may 42 be certified to any agency. 43 (vi) A person appointed from a list resulting from a QIE shall be 44 credited with the time he or she served provisionally in that title 45 toward the probationary period for that title up to a maximum of nine 46 months. 47 (c-3) Revised plan for provisional employees. Within sixty days after 48 the effective date of this paragraph, the DCAS employers shall be 49 required to submit to the state commission for its approval a single 50 comprehensive revision of the plan prepared pursuant to paragraph (b) of 51 this subdivision, to be implemented by November first, two thousand 52 eighteen, to further reduce the number of provisional appointments that 53 have continued beyond the periods otherwise permitted by this section. 54 Such revised plan may additionally contain any elements or means of 55 implementation authorized by paragraph (b) of this subdivision. The 56 revised plan shall be supported by appropriate documentation and expla-A. 10445 3 1 nation, and the information contained in the plan shall be confirmed by 2 the commissioner of DCAS as accurate to the best of his or her know- 3 ledge, based on a reasonable inquiry by DCAS into the facts set forth 4 therein. Within sixty days of the submission of such plan, the state 5 commission shall approve the revised plan, with or without recommended 6 changes, or disapprove it. The approval process shall otherwise conform 7 to the timeframes and procedures set forth in paragraph (c) of this 8 subdivision. Notwithstanding any inconsistent provision of this subdivi- 9 sion, this subdivision shall no longer be in force and effect if no 10 revised plan has been approved by the state commission within eighteen 11 months from the effective date of this paragraph. 12 § 3. Paragraphs (d), (f) and (g) of subdivision 5 of section 65 of the 13 civil service law, as amended by chapter 284 of the laws of 2014, are 14 amended to read as follows: 15 (d) Modifications of the plan. During the course of implementing the 16 plan developed, approved and revised in accordance with paragraphs (b), 17 (c) [and], (c-1) and (c-3) of this subdivision, if the DCAS employers 18 determine that there is a need to modify the plan, they shall submit a 19 request for modification of the plan to the state commission. Such 20 request shall detail the circumstances that have arisen necessitating 21 the request, including but not limited to unforeseen demands upon 22 resources, unforeseen projected impacts upon the provision of public 23 services, or a finding that implementation of any part of the plan is 24 impracticable, unduly burdensome or otherwise likely to prevent the 25 successful implementation of the plan or any aspect thereof. The state 26 commission shall act upon the request for modification within sixty 27 days. The state commission may in its discretion approve the modifica- 28 tion, approve the modification with recommended changes, or disapprove 29 the modification; provided, however, that if the state commission takes 30 no action within such period, it shall be deemed to have approved the 31 modification, and provided further that if the changes recommended by 32 the state commission are not accepted by the DCAS employers within thir- 33 ty days, the modification shall be deemed disapproved. Notwithstanding 34 any inconsistent provision of this paragraph, where a modification is 35 insubstantial, and will not materially affect the ability of the DCAS 36 employers to reduce the number of provisional appointments in accordance 37 with paragraph (c-1) or (c-3), as applicable, of this subdivision, DCAS 38 may so certify and the modification may be implemented and shall be 39 filed by DCAS with the state commission within five business days. In 40 the event that a request for modification is disapproved, the plan 41 previously in effect shall remain in effect, provided that the DCAS 42 employers may at any time submit a new proposed modification. Any 43 modification approved pursuant to this paragraph may extend the duration 44 of a plan to a date no more than one year beyond the two-year period 45 authorized by paragraph (c-3) of this subdivision. 46 (f) Time limitation. Notwithstanding any inconsistent provision of 47 this chapter or any other law or rule to the contrary, the provisions of 48 subdivision two of this section shall not apply to DCAS employers upon 49 the effective date of [the] chapter five of the laws of two thousand 50 [seven which added this subdivision] eight, and during the timely 51 submission, approval and implementation of a plan in accordance with 52 paragraphs (b), (c) and (e) of this subdivision, and of [a] revised 53 [plan] plans in accordance with [paragraph] paragraphs (c-1) and (c-3) 54 of this subdivision. The provisions of subdivision two of this section 55 shall be applicable to any provisional employee serving in a position 56 for which an appropriate eligible list has been established pursuant toA. 10445 4 1 such plan or revised [plan] plans, unless such list is not adequate to 2 fill all positions then held on a provisional basis or is exhausted 3 immediately following its establishment. 4 (g) Agreements governing disciplinary procedures. Notwithstanding any 5 inconsistent provision of this chapter or any other law or rule to the 6 contrary, any DCAS employer and an employee organization, as such term 7 is defined in article fourteen of this chapter, may enter into agree- 8 ments to provide disciplinary procedures applicable to provisional 9 appointees or categories thereof who have served for a period of twen- 10 ty-four months or more in a position which is covered by such an agree- 11 ment. No such provisional employee shall be deemed to be permanently 12 appointed under such circumstances, nor may such disciplinary procedures 13 be deemed to preclude removal of an employee as a result of the estab- 14 lishment of and appointments from an appropriate eligible list or in 15 accordance with any other provision of law. Any such agreement may apply 16 upon the effective date of chapter five of the laws of two thousand 17 eight, and during the timely submission, approval and implementation of 18 a plan in accordance with paragraphs (b), (c) and (e) of this subdivi- 19 sion, and of [a] revised [plan] plans in accordance with [paragraph] 20 paragraphs (c-1) and (c-3) of this subdivision, and shall not apply to 21 any provisional employee serving in a position for which an appropriate 22 eligible list has been established pursuant to a plan approved in 23 accordance with this subdivision unless such list is not adequate to 24 fill all positions then held on a provisional basis or is exhausted 25 immediately following its establishment. 26 § 4. The New York city department of citywide administrative services, 27 acting pursuant to paragraph (c-2) of subdivision 5 of section 65 of the 28 civil service law, as added by section two of this act, may administer 29 qualified incumbent examinations only in connection with appointment to 30 the following titles: 31 40510 ACCOUNTANT 32 40731 ACTUARIAL SPECIALIST 33 10004 ADMINISTRATIVE ARCHITECT 34 10053 ADMINISTRATIVE CITY PLANNER 35 82991 ADMINISTRATIVE CONSTRUCTION PROJECT MANAGER 36 83006 ADMINISTRATIVE HOUSING DEVELOPMENT SPECIALIST 37 10073 ADMINISTRATIVE INSPECTOR (BUILDINGS) 38 10248 ADMINISTRATIVE JOB OPPORTUNITY SPECIALIST (NON-MANAGERIAL) 39 10034 ADMINISTRATIVE LANDMARKS PRESERVATIONIST 40 10023 ADMINISTRATIVE LANDSCAPE ARCHITECT 41 83008 ADMINISTRATIVE PROJECT MANAGER 42 10064 ADMINISTRATIVE TESTS AND MEASUREMENT SPECIALIST 43 31315 AIR POLLUTION INSPECTOR 44 40410 APPRAISER (REAL ESTATE) 45 91352 AREA SUPERVISOR (HIGHWAY MAINTENANCE) 46 31312 ASBESTOS HAZARD INVESTIGATOR 47 40201 ASSISTANT CITY ASSESSOR 48 22305 ASSISTANT HIGHWAY TRANSPORTATION SPECIALIST 49 21310 ASSISTANT LANDSCAPE ARCHITECT 50 22405 ASSISTANT PLAN EXAMINER (BUILDINGS) 51 92122 ASSISTANT PRINTING PRESS OPERATOR 52 22092 ASSISTANT URBAN DESIGNER 53 31316 ASSOCIATE AIR POLLUTION INSPECTOR 54 55038 ASSOCIATE HUMAN RIGHTS SPECIALIST 55 33996 ASSOCIATE INSPECTOR (CONSUMER AFFAIRS) 56 20272 ASSOCIATE OPERATIONS COMMUNICATIONS SPECIALISTA. 10445 5 1 41122 ASSOCIATE PARKING CONTROL SPECIALIST 2 60217 ASSOCIATE PUBLIC RECORDS OFFICER 3 91755 ASSOCIATE RAILROAD SIGNAL SPECIALIST 4 91756 ASSOCIATE RAILROAD SIGNAL SPECIALIST (OPERATIONS) 5 13120 ASSOCIATE TRANSIT MANAGEMENT ANALYST 6 13134 ASSOCIATE TRANSIT MANAGEMENT ANALYST (OPERATIONS) 7 22124 ASSOCIATE URBAN DESIGNER 8 21562 BIO MEDICAL EQUIPMENT TECHNICIAN 9 92105 BOOKBINDER 10 91516 CAPTAIN (SLUDGE BOAT) 11 13644 CERTIFIED IT ADMINISTRATOR (DATABASE) 12 13643 CERTIFIED IT DEVELOPER (APPLICATIONS) 13 91523 CHIEF MARINE ENGINEER (DIESEL) 14 54910 COMMISSARY MANAGER 15 92110 COMPOSITOR (JOB) 16 13621 COMPUTER ASSOCIATE (OPERATIONS) 17 13611 COMPUTER ASSOCIATE (TECHNICAL SUPPORT) 18 10074 COMPUTER OPERATIONS MANAGER 19 13651 COMPUTER PROGRAMMER ANALYST 20 13622 COMPUTER SPECIALIST (OPERATIONS) 21 10050 COMPUTER SYSTEMS MANAGER 22 51611 CONSULTANT (EARLY CHILDHOOD EDUCATION) 23 51613 CONSULTANT (PUBLIC HEALTH SOCIAL WORK) 24 40563 CONTRACT REVIEWER (OFFICE OF LABOR SERVICES) 25 51214 COUNSELOR (ADDICTION TREATMENT) 26 60666 DIRECTOR (TELEVISION) 27 51380 ENVIRONMENTAL HEALTH TECHNICIAN 28 90313 FILM MANAGER 29 91533 FIRST ASSISTANT MARINE ENGINEER (DIESEL) 30 51225 FITNESS INSTRUCTOR 31 92705 FURNITURE MAINTAINER 32 91215 GEOLOGIST 33 92406 HIGHWAY REPAIRER 34 92320 HORSESHOER 35 22506 HOUSING DEVELOPMENT SPECIALIST TRAINEE 36 31305 INDUSTRIAL HYGIENIST 37 91001 INSTRUMENTATION SPECIALIST 38 31013 INTERPRETER (SPANISH) 39 31017 INTERPRETER, CHINESE (CANTONESE, MANDARIN, TAIWANESE-FACILITA- 40 TOR) 41 21315 LANDSCAPE ARCHITECT 42 91546 MARINE OILER 43 50811 MEDICAL RECORD LIBRARIAN 44 50415 NUTRITION CONSULTANT 45 50410 NUTRITIONIST 46 20271 OPERATIONS COMMUNICATIONS SPECIALIST 47 41120 PARKING CONTROL SPECIALIST 48 52700 PHYSICIAN'S ASSISTANT 49 22015 PHYSICIST 50 90202 POLICE ATTENDANT 51 50416 PRINCIPAL NUTRITION CONSULTANT 52 30820 PRINCIPAL TITLE EXAMINER 53 51454 PROGRAM OFFICER (DEPARTMENT FOR THE AGING) 54 60216 PUBLIC RECORDS OFFICER 55 60414 PUPPETEER 56 90411 RADIO AND TELEVISION OPERATORA. 10445 6 1 80112 REAL PROPERTY MANAGER 2 60430 RECREATION DIRECTOR 3 60440 RECREATION SUPERVISOR 4 90573 REPAIR CREW CHIEF (HDA) 5 31310 SAFETY SPECIALIST 6 90737 SCHOOL EQUIPMENT MAINTAINER 7 21516 SCIENTIST (RADIATION CONTROL) 8 21537 SCIENTIST (WATER ECOLOGY) TRAINEE 9 20126 SENIOR ESTIMATOR (ELECTRICAL) 10 20127 SENIOR ESTIMATOR (GENERAL CONSTRUCTION) 11 20128 SENIOR ESTIMATOR (MECHANICAL) 12 60331 SENIOR INSTITUTIONAL TRADES INSTRUCTOR (TAILORING) 13 55015 SENIOR INTERGROUP RELATIONS OFFICER 14 90836 SENIOR OFFICE APPLIANCE MAINTAINER 15 90635 SENIOR PHOTOGRAPHER 16 30810 SENIOR TITLE EXAMINER 17 33761 SERVICE INSPECTOR (BOARD OF EDUCATION) 18 51001 SPECIAL CONSULTANT (MENTAL HEALTH STANDARDS AND SERVICES) 19 91926 STEAM FITTER'S HELPER 20 10217 STENOGRAPHIC SPECIALIST 21 80880 SUPERINTENDENT OF LAUNDRIES 22 31840 SUPERVISING BLASTING INSPECTOR 23 32455 SUPERVISING DEMOLITION INSPECTOR 24 80760 SUPERVISING HOUSEKEEPER 25 51241 SUPERVISING THERAPIST 26 91310 SUPERVISOR 27 90535 SUPERVISOR (EXTERMINATORS) 28 34205 SUPERVISOR OF ELECTRICAL INSTALLATIONS AND MAINTENANCE 29 34221 SUPERVISOR OF MECHANICAL INSTALLATIONS AND MAINTENANCE 30 91279 SUPERVISOR OF MOTOR TRANSPORT 31 11704 SUPERVISOR OF OFFICE MACHINE OPERATIONS 32 90436 SUPERVISOR OF RADIO AND TELEVISION OPERATORS 33 90760 SUPERVISOR OF RADIO REPAIR OPERATIONS 34 91971 SUPERVISOR STEAM FITTER 35 21006 TAX MAP CARTOGRAPHER 36 92590 TELEPHONE SERVICE TECHNICIAN 37 12704 TESTS AND MEASUREMENT SPECIALIST 38 30805 TITLE EXAMINER 39 60865 TRANSIT CUSTOMER SERVICE SPECIALIST 40 20821 TRANSIT RAILCAR TECHNOLOGY SPECIALIST 41 92248 URBAN ARCHEOLOGIST 42 51310 X-RAY TECHNICIAN 43 81010 WATCHPERSON 44 10001 ADMINISTRATIVE ACCOUNTANT 45 82985 ADMINISTRATIVE ACTUARY 46 10005 ADMINISTRATIVE ASSESSOR 47 10054 ADMINISTRATIVE BLASTING INSPECTOR 48 10007 ADMINISTRATIVE BOROUGH SUPERINTENDENT 49 10009 ADMINISTRATIVE BUSINESS PROMOTION COORDINATOR 50 10044 ADMINISTRATIVE CLAIM EXAMINER 51 10095 ADMINISTRATIVE CONTRACT SPECIALIST 52 82988 ADMINISTRATIVE DEPUTY REGISTER 53 10055 ADMINISTRATIVE DIRECTOR OF LABORATORY (WATER QUALITY) 54 83007 ADMINISTRATIVE DIRECTOR OF MARINE MAINTENANCE 55 10016 ADMINISTRATIVE DIRECTOR OF RESIDENTIAL CHILD CARE 56 10056 ADMINISTRATIVE DIRECTOR OF SOCIAL SERVICESA. 10445 7 1 10031 ADMINISTRATIVE EDUCATION ANALYST 2 10062 ADMINISTRATIVE EDUCATION OFFICER 3 10024 ADMINISTRATIVE FIRE PROTECTION INSPECTOR 4 10003 ADMINISTRATIVE GRAPHIC ARTIST 5 10071 ADMINISTRATIVE HORTICULTURIST 6 10018 ADMINISTRATIVE HOUSING MANAGER 7 10019 ADMINISTRATIVE HOUSING SUPERINTENDENT 8 10078 ADMINISTRATIVE INSPECTOR (HOUSING) 9 82994 ADMINISTRATIVE LABOR RELATIONS ANALYST 10 10010 ADMINISTRATIVE MANAGEMENT AUDITOR 11 10096 ADMINISTRATIVE PRINTING SERVICES MANAGER 12 10084 ADMINISTRATIVE PROGRAM OFFICER (DEPT. FOR THE AGING) 13 82980 ADMINISTRATIVE PSYCHOLOGIST 14 10032 ADMINISTRATIVE PUBLIC HEALTH NURSE 15 82989 ADMINISTRATIVE PUBLIC HEALTH SANITARIAN 16 10033 ADMINISTRATIVE PUBLIC INFORMATION SPECIALIST 17 10041 ADMINISTRATIVE PUBLIC RECORDS OFFICER 18 10080 ADMINISTRATIVE QUALITY ASSURANCE SPECIALIST 19 10047 ADMINISTRATIVE REAL PROPERTY MANAGER 20 82986 ADMINISTRATIVE RETIREMENT BENEFITS SPECIALIST 21 10036 ADMINISTRATIVE REVENUE MANAGER (TA) 22 35505 ADMINISTRATIVE SAFETY OFFICER (TA) 23 82982 ADMINISTRATIVE SANITATION ENFORCEMENT AGENT 24 10065 ADMINISTRATIVE SCHOOL FOOD SERVICE MANAGER 25 10037 ADMINISTRATIVE SPACE ANALYST 26 10038 ADMINISTRATIVE STOREKEEPER 27 82998 ADMINISTRATIVE SUPERINTENDENT OF BRIDGE OPERATIONS 28 10039 ADMINISTRATIVE SUPERINTENDENT OF HIGHWAY OPERATIONS 29 10035 ADMINISTRATIVE SUPERVISOR OF BUILDING MAINTENANCE 30 10049 ADMINISTRATIVE TAX AUDITOR 31 10079 ADMINISTRATIVE TAXI AND LIMOUSINE INSPECTOR 32 10061 ADMINISTRATIVE TRANSPORTATION COORDINATOR 33 91697 AREA MANAGER OF SCHOOL MAINTENANCE 34 13117 ASSISTANT TRANSIT MANAGEMENT ANALYST 35 13130 ASSISTANT TRANSIT MANAGEMENT ANALYST (OPERATIONS) 36 12634 ASSOCIATE EDUCATION OFFICER 37 13369 ASSOCIATE LABOR RELATIONS ANALYST 38 91349 BRIDGE AND TUNNEL SUPERVISOR 39 60580 CHIEF OF HOUSING COMMUNITY ACTIVITIES 40 10089 DIRECTOR OF TECHNICAL SERVICES (AIR POLLUTION CONTROL) 41 12750 EDUCATION ANALYST TRAINEE 42 10235 EXECUTIVE SECRETARY (TBTA) 43 13353 HEARING EXAMINER (HOUSING AUTHORITY) 44 40236 INSURANCE ADVISOR (HEALTH) 45 13368 LABOR RELATIONS ANALYST 46 82987 MANAGER OF RADIO REPAIR OPERATIONS 47 40425 PRINCIPAL APPRAISER (REAL ESTATE) 48 13121 PRINCIPAL TRANSIT MANAGEMENT ANALYST 49 13133 PRINCIPAL TRANSIT MANAGEMENT ANALYST (OPERATIONS) 50 20140 QUALITY CONTROL SPECIALIST 51 20141 SENIOR QUALITY CONTROL SPECIALIST 52 91270 SUPERINTENDENT (TRANSIT AUTHORITY OPERATIONS) 53 10081 SUPERINTENDENT OF WATER AND SEWER SYSTEMS 54 10076 SUPERVISOR OF ELEVATOR MAINTENANCE (HOUSING AUTHORITY) 55 35503 SYSTEM SAFETY SPECIALIST (TRANSIT AUTHORITY) 56 35500 SYSTEM SAFETY SPECIALIST TRAINEE (TRANSIT AUTHORITY)A. 10445 8 1 82984 TELECOMMUNICATIONS MANAGER 2 § 5. Sections 3 and 5 of chapter 5 of the laws of 2008, amending the 3 civil service law relating to provisional employees of certain public 4 employers, as amended by chapter 284 of the laws of 2014, are amended to 5 read as follows: 6 § 3. Any agreement or extension thereof entered into pursuant to para- 7 graph (g) of subdivision 5 of section 65 of the civil service law, as 8 added by section two of this act and subsequently amended in 2014 and 9 2016, may include protections for provisional employees who were 10 covered, prior to the effective date of this act, by agreements similar 11 to those authorized by such paragraph. Any agreement or extension there- 12 of entered into pursuant to such paragraph may include, but shall not be 13 limited to, the appropriate arbitration, adjudication or other disposi- 14 tion of disciplinary or other matters concerning provisional employees 15 that were pending on the effective date of this act. 16 § 5. This act shall take effect immediately, and shall expire December 17 31, [2016] 2018 when upon such date the provisions of this act shall be 18 deemed repealed. 19 § 6. Section 2 of part I of chapter 56 of the laws of 2008, amending 20 the civil service law relating to excess provisional employees of a city 21 having a population of one million or more, as amended by chapter 284 of 22 the the laws of 2014, is amended to read as follows: 23 § 2. This act shall take effect immediately and shall expire and be 24 deemed repealed December 31, [2016] 2018. 25 § 7. If any section, subdivision, paragraph, clause, sentence, phrase 26 or other portion of this act is, for any reason, declared unconstitu- 27 tional or invalid, in whole or in part, by any court of competent juris- 28 diction, such portion shall be deemed severable, and such unconstitu- 29 tionality or invalidity shall not affect the validity of the remaining 30 portions of this act, which remaining portions shall continue in full 31 force and effect. 32 § 8. This act shall take effect immediately; provided that the amend- 33 ments to subdivision 5 of section 65 of the civil service law made by 34 sections two and three of this act shall not affect the repeal of such 35 subdivision and shall be deemed repealed therewith; and provided further 36 that the amendments to section 3 of chapter 5 of the laws of 2008 made 37 by section four of this act shall not affect the repeal of such section 38 and shall be deemed repealed therewith; and provided further that eligi- 39 ble lists and appointments resulting from the qualified incumbent exam- 40 inations administered pursuant to paragraph (c-2) of subdivision 5 of 41 section 65 of the civil service law, as added by section two of this 42 act, shall not be affected by the expiration of this act.
