Provides a procedure for determining suspensions and demotions of members of police agencies upon abolition or reduction of positions

BILL NUMBER:S4559

Title of bill

An act to amend the civil service law, in relation to the calculation of seniority for purposes of layoffs or demotions

Purpose

The purpose of this bill is to amend section 80 of the Civil Service Law that pertains to suspension or demotion upon the abolition or reduction of positions in the civil service as it applies to any members of any police agency in the State other than those police agencies already dealt with by subdivisions 1-a through 1-e of section 80.

Summary of provisions

Section one of this bill would add a new subdivision 1-f to section 80 of the Civil Service Law to provide that in any police agency in the State of New York other than those listed in subsections 1-a through 1-e of § 80, demotions or reductions in staff upon the abolition or reduction of positions would be made in inverse order of original appointment on a permanent basis in the grade or title in the service of the governmental jurisdiction in which such abolition or reduction of position occurs.

Section two of this bill provides that this act shall take effect immediately.

Justification

Under the current law, suspensions or demotions in the Civil Service upon the abolition or reduction of positions must be made based upon seniority, with demotions or reductions in force to be made in "inverse order of original appointment on a permanent basis in the classified service" (Civil Service Law § 80(1)). The spirit of the law is to safeguard the employment of those employees with the most time in the system, with the general principle being "last in - first out". In the uniformed services, this law can have a reverse effect essentially retaining employees with shorter tenures in the civil service rank while demoting those with longer tenures in rank. For example, a police officer with ten years in rank as a Sergeant would have to be demoted before a police officer with 1 year in rank as a Sergeant if the latter had more time in the classified service. As mentioned above, several uniformed services operations have recognized this inequity and obtained individual legislative amendments to section 80 of the New York Civil Service Law requiring said demotions and reductions to be made by "inverse order. of original appointment on a permanent basis in the grade or title". We believe that this is the preferred and equitable method to handle these issues within the context of the police community and that it should be adopted statewide, which this bill would do.

Legislative history

2014: S.5270-A - Passed the Senate

2013: S.5270-A - Referred to Civil Service and Pensions

Fiscal implications

None

Effective date

This act shall take effect immediately.