Bill Text: NY S04070 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts provisions relating to reduction of positions based upon seniority for sworn members of the division of correction of the sheriff's department of the county of Nassau; provides that abolition of positions or reduction in rank or salary grade shall be made in the inverse order of original appointment.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2013-06-13 - SUBSTITUTED BY A7125 [S04070 Detail]

Download: New_York-2013-S04070-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4070
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 7, 2013
                                      ___________
       Introduced by Sens. GOLDEN, FUSCHILLO, MARCELLINO, MARTINS -- 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 reduction of posi-
         tions based upon seniority with an employer
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 80 of the civil service law is amended by adding  a
    2  new subdivision 1-e to read as follows:
    3    1-E.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
    4  SECTION, THE SWORN MEMBERS OF THE DIVISION OF CORRECTION  OF  THE  SHER-
    5  IFF'S DEPARTMENT OF THE COUNTY OF NASSAU SHALL BE SUBJECT TO THE FOLLOW-
    6  ING  PROCEDURE. WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF
    7  FUNCTIONS, CURTAILMENT OF ACTIVITIES  OR  OTHERWISE,  POSITIONS  IN  THE
    8  COMPETITIVE  CLASS  ARE  ABOLISHED  OR  REDUCED IN RANK OR SALARY GRADE,
    9  SUSPENSION OR DEMOTION, AS THE CASE MAY BE, AMONG INCUMBENTS HOLDING THE
   10  SAME OR SIMILAR POSITIONS SHALL BE MADE IN THE INVERSE ORDER OF THE TIME
   11  SERVED IN THE GRADE OR TITLE IN THE SERVICE OF THE  GOVERNMENTAL  JURIS-
   12  DICTION  IN  WHICH  SUCH  ABOLITION  OR  REDUCTION  OF POSITIONS OCCURS,
   13  SUBJECT TO THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION EIGHTY-FIVE OF
   14  THIS CHAPTER.  PROVIDED, HOWEVER, TIME IN RANK OR GRADE FOR THE PURPOSES
   15  OF THIS SUBDIVISION SHALL ONLY ACCRUE PROSPECTIVELY FROM  THE  EFFECTIVE
   16  DATE  OF  THIS  SUBDIVISION, AND WHERE TIME IN RANK AND GRADE FOR TWO OR
   17  MORE INDIVIDUALS IS IDENTICAL, TIME IN SERVICE SHALL  BE  USED  FOR  THE
   18  PURPOSES  OF  THIS  PROCEDURE.    NOTWITHSTANDING THE PROVISIONS OF THIS
   19  SUBDIVISION, HOWEVER, UPON THE  ABOLITION  OR  REDUCTION  OF  POSITIONS,
   20  THOSE  EMPLOYEES WHO HAVE NOT COMPLETED THEIR PROBATIONARY SERVICE SHALL
   21  BE SUSPENDED OR DEMOTED, AS THE CASE MAY BE, BEFORE ANY PERMANENT INCUM-
   22  BENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES THE ORDER OF SUSPENSION  OR
   23  DEMOTION  SHALL BE DETERMINED AS IF SUCH EMPLOYEES WERE PERMANENT INCUM-
   24  BENTS.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08684-01-3