Relates to promotional examinations for certain positions and promotions and transfers to administrative positions in state service

1 Co-sponsor

• Joseph P. Addabbo Jr.

Title of bill

An act to amend the civil service law, in relation to promotional examinations for certain positions and promotions and transfers to administrative positions in state service

Purpose of the bill

The purpose of this bill is to allow employees who are permanently appointed to certain non-competitive class positions, for which they have demonstrated their competence by possession of a credential, license or certification granted by the appropriate regulatory body, to transfer to comparable competitive class positions; and to allow permanent employees in noncompetitive and labor class positions to participate in a non-competitive examination for a competitive class position for which they are qualified, for appointment on the same basis as competitive class employees.

Summary of provisions

Section 1 of the bill amends Civil Service Law (CSL) § 70(1) to permit employees with permanent status in non-competitive class positions, who have successfully passed noncompetitive examinations which include possession of a credential, license or certification by the appropriate regulatory body, to transfer to administrative or other comparable competitive class positions which require essential tests or qualifications similar to those of such non-competitive examinations.

Section 2 of the bill amends CSL § 70(4) to grant permanent employees in noncompetitive and labor class positions the opportunity to transfer to competitive class positions after participating in non-competitive examinations.

Section 3 of the bill provides that it shall become effective immediately.

Existing law

CSL § 70(1) limits transfers with respect to positions with similar essential tests or qualifications to permanent competitive class employees. Thus, permanent non-competitive class. employees do not have any transfer opportunities.

CSL § 70(4) permits permanent employees in the competitive class who meet the requirements for a competitive examination and ate otherwise qualified as determined by the State Civil Service Commission or a municipal Civil Service Commission to transfer after a noncompetitive examination to a different position with a similar grade.

Legislative history

Section 2 of S.7590 of 2008, introduced and referred to Senate Civil Service Committee; and S.7532 of 2008, introduced and referred to Senate Civil Service Committee.

Statement in support

This bill sets forth two proposals that will promote efficiency and effectiveness in administration of the public workforce, while upholding the State Constitution's merit and fitness mandate.

This bill provides greater career mobility for permanent employees in non-competitive class positions where minimum qualifications are mandated by accrediting, licensing or certifying authorities. Employees in non-competitive class positions will be able to transfer to competitive class positions, where appropriate, to meet the State's operational needs. This will provide employees in such positions opportunities for movement that they would not otherwise have. This bill will allow agencies to acquire, develop, motivate and retain top talent to address the current and emerging demographic challenges facing the State.

The Civil Service Law permits permanent employees in the competitive class who meet the requirements for a competitive examination and are otherwise qualified as determined by the State Civil Service Commission or municipal civil service commission to transfer after a noncompetitive examination to a different position with a similar grade. There are currently no provisions for permanent employees in non-competitive or labor class positions to participate in a non-competitive examination, which would make them eligible to transfer to a competitive class position. This bill remedies that deficiency.

Budget implications

None.

Effective date

This law would take effect immediately.