Relates to provisional employees of certain public employers

Section 2 of the bill would add a new paragraph (c-1) to Civil Service Law § 65(5) that would authorize the DCAS employers to submit to the State Civil Service Commission ("State Commission") a comprehensive revised plan, to be implemented by November 1, 2018 or within four years of its approval by the State Commission, whichever is later, to substantially comply with the time periods permitted by § 65(1)-(4). This plan could contain any of the components of the original plan and could also include other appropriate means of implementation. The State Commission would be required to approve or disapprove the plan within sixty days of its submission, and this approval process would otherwise conform to the procedures set forth in § 65(5)(c).

Section 3 of the bill would make conforming amendments to subdivisions (d), (f) and (g) of Civil Service Law § 65(5) in light of the proposed addition of a new paragraph (c-1). This would ensure that the plan modification procedures (including a potential additional year for implementing the revised plan), as well as the time limitation suspension and authorization of negotiated disciplinary procedures, would continue to apply.

Section 4 of the bill would make a conforming amendment to § 3 of Chapter 5 of the Laws of 2008 with respect to the negotiated agreements entered into as a result of the plan, reflecting the amendment to paragraph (g) of § 65(5) proposed by Section 3 of this bill. It would also amend the expiration date of Chapter 5 of the Laws of 2008, which authorized the original plan, and provide that this act would expire on December 31, 2020.

Section 5 of the bill would amend the expiration date of Part I of Chapter 56 of the Laws of 2008 (to December 31, 2020), which added subdivision 6 of § 65 authorizing the State Commission to charge the City for services and costs (up to $690,000 annually) associated with

approving and monitoring the plan submitted by the City and the DCAS employers.

Section 6 of the bill is a severability clause.

Section 7 of the bill provides that the act would take effect immediately.

Reasons for support

The City and the DCAS employers have made significant progress in reducing the number of their provisional employees, but aspects of the original plan developed by DCAS could not be fully implemented during the period of the plan's effective period. A comprehensive revision of such plan would now afford the City and the DCAS employers the opportunity to implement further actions necessary to complete the plan while preserving the quality and effectiveness of governmental operations.

The purpose of this bill, and the 2008 legislation it amends, is to address issues raised by the New York Court of Appeals in its decision in City of Long Beach v. Civil Service Employees Association, 8 N.Y.3d 465 (2007). In that case, the Court concluded that the terms of a collective bargaining agreement that afforded tenure rights to provisional employees of the City of Long Beach after one year of service were contrary to New York law. In light of this, the Court concluded that the dispute was not arbitrable because granting the relief sought by the provisional employees under the "tenure" provisions of the agreement would violate the Civil Service Law. The Court also emphasized the need for compliance with the time limitations imposed by Civil Service Law § 65 with respect to filling vacancies, holding examinations and removing provisional employees from positions in titles for which examinations should be held.

Having received approval in 2008 from the State Commission to implement an orderly and expeditious plan to reduce the number of provisional employees, the City and certain other related employers made substantial progress toward their goal through various means authorized by Chapter 5. As of May 1, 2014, the number of provisional employees on the payrolls of the DCAS employers is below 23,000, a substantial reduction of almost 15,000 from the number in May 2008. This bill would allow the City and such other employers to update and continue to implement the plan, with appropriate revisions to timeframes and plan strategies. The bill will ensure the continued quality and effectiveness of governmental operations while the revised plan is being developed and implemented. At the same time it will further the goals of maintaining continuity in the provision of essential public services and harmonious labor relations, particularly as it would allow limited negotiated protections regarding disciplinary procedures for provisional employees and the waiver of time limitations that would otherwise apply in relation to provisional employment. Such limited authorizations, only in the context of implementing the plan, are consistent with the "merit and fitness" policy of the State Constitution.

Effective Date:

Immediately, with provisions