§ 70 — Transfers

New York § 70

• Jurisdiction: New York
• Law CVS: Civil Service
• Title A: Transfers: Reinstatements
• Art. 5: Personnel Changes

Text

§ 70. Transfers. 1. General provisions. Except as provided in\nsubdivisions four, six and seven of this section no employee shall be\ntransferred to a position for which there is required by this chapter or\nthe rules established hereunder an examination involving essential tests\nor qualifications different from or higher than those required for the\nposition held by such employee. The state and municipal commissions may\nadopt rules governing transfers between positions in their respective\njurisdictions and may also adopt reciprocal rules providing for the\ntransfer of employees from one governmental jurisdiction to another. No\nemployee shall be transferred without his or her consent except as\nprovided in subdivision six or seven of this section or upon the\ntransfer of functions as provided in subdivision two of this section.\n 2. Transfer of personnel upon transfer of functions. Upon the transfer\nof a function (a) from one department or agency of the state to another\ndepartment or agency of the state, or (b) from one department or agency\nof a civil division of the state to another department or agency of such\ncivil division, or (c) from one civil division of the state to another\ncivil division of the state, or (d) from a civil division of the state\nto the state, or vice versa, provision shall be made for the transfer of\nnecessary officers and employees who are substantially engaged in the\nperformance of the function to be transferred. As soon as practicable\nafter the adoption of a law, rule, order or other action directing such\na transfer of function, but not less than twenty days prior to the\neffective date of such transfer, the head of the department or agency\nfrom which such function is to be transferred shall certify to the head\nof the department or agency to which such function is to be transferred\na list of the names and titles of those employees substantially engaged\nin the performance of the function to be transferred, and shall cause\ncopies of such certified list to be publicly and conspicuously posted in\nthe offices of the department or agency from which such function is to\nbe transferred, along with copies of this subdivision. Any employee of\nthe department or agency from which such function is to be transferred\nmay, prior to the effective date of such transfer, protest his or her\ninclusion in or exclusion from such list by giving notice of such\nprotest in writing addressed to the heads of the respective departments\nor agencies from which and to which transfer is to be made, which notice\nshall state the reasons for the protest. The head of the department or\nagency to which such function is to be transferred shall review the\nprotest and after consultation with the head of the department or agency\nfrom which such function is to be transferred notify the protestor\nwithin ten days from the receipt of such protest of the determination\nwith respect to such protest. Such determination shall be a final\nadministrative determination. Failure to make such protest shall be\ndeemed to constitute consent to inclusion in or exclusion from, as the\ncase may be, the certified list of employees engaged in the function to\nbe transferred. Officers and employees so transferred shall be\ntransferred without further examination or qualification, and shall\nretain their respective civil service classifications and status. For\nthe purpose of determining the officers and employees holding permanent\nappointments in competitive class positions to be transferred, such\nofficers and employees shall be selected within each grade of each class\nof positions in the order of their original appointment, with due regard\nto the right of preference in retention of disabled and non-disabled\nveterans. Any employee who fails to respond to or accept a written offer\nof transfer from the department or agency to which such function is to\nbe transferred within ten days after receipt of such offer shall be\ndeemed to have waived entitlement to such transfer. All officers and\nemployees so transferred shall, thereafter, be subject to the rules of\nthe civil service commission having jurisdiction over the agency to\nwhich transfer is made. Officers and employees holding permanent\nappointments in competitive class positions who are not so transferred\nshall have their names entered upon an appropriate preferred list for\nreinstatement to the same or similar positions in the service of the\ngovernmental jurisdiction from which transfer is made and in the office\nor agency to which such function is transferred. Officers and employees\ntransferred to another governmental jurisdiction pursuant to the\nprovisions of this subdivision shall be entitled to full seniority\ncredit for all purposes for service rendered prior to such transfer in\nthe governmental jurisdiction from which transfer is made. Except where\nsuch transferred officers and employees are entitled, pursuant to a\nspecial law or a rule adopted pursuant to law, to credit upon transfer\nfor their unused vacation or annual leave and sick leave, the officer or\nbody having authority to adopt provisions governing vacation or annual\nleave and sick leave applicable to the department or agency to which\ntransfer is made may, after giving due consideration to the similarities\nand differences between the provisions governing vacation or annual\nleave and sick leave in the respective jurisdictions from which and to\nwhich transfer is made, allow employees transferred hereunder credit for\nall or part of the unused vacation or annual leave and sick leave\nstanding to their credit at the time of transfer, as may be determined\nequitable, but not in excess of the maximum accumulation permitted in\nthe jurisdiction to which transfer is made. Unused vacation or annual\nleave not credited by the jurisdiction to which transfer is made may be\ncompensated for to the extent, if any, such compensation is authorized\nby other law.\n 4. Transfer and change of title. Notwithstanding the provisions of\nsubdivision one of this section or any other provision of law, any\npermanent employee in the competitive class who meets all of the\nrequirements for a competitive examination, and is otherwise qualified\nas determined by the state civil service commission or the municipal\ncivil service commission, as the case may be, shall be eligible for\nparticipation in a non-competitive examination in a different position\nclassification, provided, however, that such employee is holding a\nposition in a similar grade.\n 5. (a) Where, because of economy, consolidation or abolition of\nfunctions, curtailment of activities or otherwise, a police department\nof any county, city, town, village, district, commission, authority or\npublic benefit corporation is dissolved or abolished and the functions\nof such department are assumed by another police agency by contractual\nagreement or payment or taxation therefor, the provisions of this\nsection shall apply.\n (b) For the purposes of this subdivision:\n (1) The term "police agency" shall mean any agency or department of a\ncounty, city, town, village, district, commission, authority or public\nbenefit corporation having responsibility for enforcing the criminal\nlaws of the state.\n (2) The term "police agency" or "police department" shall not be\nconstrued to include the police department of a city of one million or\nmore persons, the police department of a housing authority of a city of\none million or more persons, or the police department established\npursuant to the provisions of section one thousand two hundred four of\nthe public authorities law.\n 6. Transfer of personnel. Notwithstanding the provisions of\nsubdivision one of this section or any other provision of law, any city\nhaving a population of one million or more may by agreement negotiated\nbetween such city and an employee organization pursuant to article\nfourteen of this chapter provide for the involuntary transfer of\nemployees between city agencies. For purposes of this subdivision, the\nterm "city agency" shall include any school district, public authority,\ncommission or other instrumentality of government on whose behalf such\ncity is authorized to negotiate collective bargaining agreements.\n 7. Transfer of Suffolk county park officers levels I-IV to the\npositions of Suffolk county police officers. Notwithstanding the\nprovisions of subdivision one of this section or any other provision of\nlaw, the county of Suffolk may, by agreement negotiated between such\ncounty and an employee organization pursuant to article fourteen of this\nchapter, provide for the transfer of now existing Suffolk county parks\npolice officers levels I-IV to positions of Suffolk county police\nofficers. The transfer of now existing positions may be effectuated\nwithout regard to any eligible lists or preferred lists for\nreinstatement.\n