§ 45 — Status of employees upon acquisition of private institution or enterprise by government

New York § 45

• Jurisdiction: New York
• Law CVS: Civil Service
• Title B: Classified Service
• Art. 3: Jurisdictional Classification

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§ 45. Status of employees upon acquisition of private institution or\nenterprise by government. 1. Whenever the state or any civil division or\npublic agency shall acquire a private institution or enterprise, for the\npurpose of operating it as a public function, such civil division, or\npublic agency, as the case may be, may continue the employment of all\nofficers or employees thereof deemed necessary, who shall have been in\nthe employ of such private institution or enterprise for at least one\nyear prior to such acquisition. The positions so held by such employees\nshall be in the non-competitive class, pending the classification or\nreclassification of such positions as hereinafter directed, and such\nemployees shall continue to be employed in similar or corresponding\npositions and shall have the seniority theretofore held by them as among\nthemselves. The state civil service department or municipal commission\nhaving jurisdiction, however, after notice to any such employee, of the\nreasons therefor, and after according such employee a hearing, may\nexclude him or her from further employment if found by such department\nor municipal commission not to be a person of good character.\nNotwithstanding the provisions of this section, no person shall be\ncontinued in employment in a position classified in the competitive\nclass pursuant to the provisions of this subdivision unless he or she is\na citizen or a noncitizen lawfully admitted for permanent residence in\nthe United States.\n 2. Not later than one year after the acquisition of such private\ninstitution or enterprise, the state or municipal civil service\ncommission having jurisdiction shall determine for which positions or\nclass of positions competitive examinations are practicable and shall\nadopt rules classifying and reclassifying the various positions. The\nthen incumbents of such positions who are employed therein at the time\nof the acquisition of the private institution or enterprise and who were\nso employed for at least one year prior to such acquisition shall\ncontinue to hold their positions without further examination and shall\nhave all the rights and privileges of the jurisdictional class to which\nsuch positions may be allocated; provided, however that after such\nacquisition all new positions thereafter created and vacancies occurring\nin positions already established shall be filled in accordance with the\nprovisions of this chapter and the rules adopted thereunder.\n