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S6999Senate2013-2014 SessionSame asA9368

Relates to promotions from an eligible list

Sponsor Diane J. SavinoSD-23+8 co-sponsorsAffects Finance
Status
In Assembly Committee
Governmental Employees
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Governmental Employees

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History

  1. Referred to governmental employees
  2. Delivered to assembly
  3. Passed senateVote 44–13
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.799
  7. Referred to civil service and pensions

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9368Assembly

Relates to promotions from an eligible list

In Assembly Committee · Rules · Sponsor Peter Abbate

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6999

Title of bill

An act to amend the civil service law, in relation to promotions from an eligible list

Purpose

To allow municipalities to require promotions to be made in descending eligible list order to avoid passing over individuals for promotion.

Summary of provisions

Amends subdivision 1 of section 61 of the civil service law to allow for the state or municipality to allow for promotions to be made in descending list order beginning with the candidate with the highest standing on such eligible list.

Justification

This bill would allow a municipality to require a public employer to use strict list order, rather than the "1 in 3 Rule" for promotions. Traditionally, the "Rule of 3" or the "1 in 3 Rule" allows a public employer to choose 1 from among the top 3 persons certified by the applicable civil service commission on the eligible civil service list. The "1 in 3 Rule" allows a public employer to consider factors other than test scores when making appointments and promotions, which is unnecessary because an employer has ample opportunity to evaluate the employee during the probationary period following appointment. The use of strict list order in promotions would afford employees with a guarantee of being offered a promotion based on their examination score, not other subjective considerations.

The "1 in 3 Rule" causes employees who are "considered, and not selected" to speculate about the reasons for the bypass. Technically, the employer has no obligation to provide the employee with a reason for non-selection. Nor does the employee have a right to appeal the employer's decision. Despite this, employees still challenge these "considered, and not selected" decisions on discrimination or reverse discrimination grounds. A strict list order rule would eliminate the speculation and perception of unfairness and bias, and eliminate the costs associated with investigating these challenges.

Legislative history

New Bill

Fiscal implications

None.

Effective date

Immediate.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.