Provides for permanent deputy warden in department of correction of the city of New York

BILL NUMBER:A419

Title of bill

An act to amend the administrative code of the city of New York, in relation to the designation of deputy warden (warden level II) in the department of correction of the city of New York

Purpose or general idea of bill

This act would amend Section 9-117 of the Administrative Code of the City of New York to provide disciplinary (due process) guidelines for those Deputy Wardens serving in the posi- tion for 12 months and to further mandate that an employee so designated not be removed from that designation unless the Department complies with Section 75 of the Civil Service Law.

Summary of specific provisions

Provides for permanent deputy warden in department of correction of the city of New York.

Justification

The Department of Correction has now taken the position that the designation of Deputy Warden (Warden level II) a non-managerial and non-confidential position is exempt from any due process guidelines. This is in direct contradiction to Mayor's Executive Order #16, which mandates formal and informal disciplinary proceedings.

In 1990, the Legislature by chapter 755, adopted legislation to amend section 14-103 (b) (2) of the Administrative Code by mandating that police officers be designated as a detective within 18 months after being assigned to and performing detective functions and further guaran- teeing detectives with civil service protections in the event they were to be removed from that position. The justification offered by the spon- sors was based upon the career paths and the need to provide statutory assurances that a member would not be kept in that capacity for more than a reasonable length of time without affording the individual the appropriate job classification. Their eighteen months was deemed to be a reasonable period of time during which a police officers ability for the particular investigative function could be judged.

Here Deputy Wardens (Warden level II) have performed in the past as Assistant Deputy Wardens (Warden level I second line supervisors) for a period of sufficient duration to merit the enhanced position. Prior to being promoted to Assistant Deputy Wardens, Correction Captains (first line supervisors) must serve in that position for a minimum of two years. Prior to being promoted to Deputy Wardens, Assistant Deputy Ward- ens must serve in that position for a minimum of one year. This legis- lation would ensure that after one year of service in the position of Deputy Warden (third line supervisors) these union members would be afforded appropriate due process protection under section 75 of the Civil Service Law.

Prior legislative history

2004; A3087 delivered to governor, vetoed memo.231, tabled; S2899 delivered to governor, vetoed memo.231, tabled.

Fiscal implications

None.

Effective date

This act shall take effect immediately.