§ 79 — Establishment of redeployment lists in the state service; general provisions

§ 79. Establishment of redeployment lists in the state service;\ngeneral provisions. 1. Primarily redeployment. a. Where, and to the\nextent that, an agreement between the state and an employee organization\nentered into pursuant to article fourteen of this chapter so provides,\nupon notification to the department that an employee in the state\nservice is to be suspended or demoted in accordance with the provisions\nof section eighty or eighty-a of this article by reason of the state's\nexercise of its right to contract out for goods and services, and\nreceipt of the information required pursuant to section eighty-one-a of\nthis article for purposes of establishing reemployment rosters, at least\nninety days prior to the suspension or demotion of an affected employee,\nthe department shall place the name of the employee upon a redeployment\nlist. Such redeployment list shall be certified for filling positions in\nthe same title or in any comparable title, as determined by the\ndepartment, before certification is made from any other eligible list,\nplacement roster, reemployment roster or preferred list. The director\nof state operations is authorized to redeploy such employees to\npositions in appointing authorities of the executive branch. The\ndepartment may extend the right to be placed on a redeployment list, in\naccordance with the provisions of this section, to employees not subject\nto the provisions of such agreement.\n b. Orders of certification of names from a redeployment list. The\nnames of persons on a redeployment list shall be certified therefrom for\nappointment in the order of their original appointments, in accordance\nwith the provisions of subdivision three of section eighty and\nsubdivision three of section eighty-a of this article.\n c. Salary upon redeployment. A person appointed from a redeployment\nlist shall receive at least the same salary such person was receiving in\nthe position from which he or she is to be or has been suspended or\ndemoted.\n d. Probationary term. Probationers who are appointed from a\nredeployment list to a position in the same title will be required to\ncomplete their probationary term. Employees who are appointed from a\nredeployment list to a position in a comparable title shall be required\nto complete a probationary term in accordance with the rules promulgated\nby the commission pursuant to subdivision two of section sixty-three of\nthis chapter.\n e. Termination of eligibility for appointment. Eligibility for\nappointment of an employee whose name appears on a redeployment list\nshall terminate at such time as the employee is redeployed pursuant to\nthe provisions of this section to a position in the same salary grade as\nthe position from which he or she has been suspended or demoted, or has\nexercised his or her reemployment rights pursuant to the provisions of\nsection eighty-one or eighty-one-a of this article, provided, however,\nthat eligibility for appointment shall terminate no later than six\nmonths following the suspension or demotion of such employee in\naccordance with the provisions of section eighty or eighty-a of this\narticle. Upon such employee's suspension or demotion, the department\nshall place the name of such employee upon a preferred list, and a\nreemployment roster, as appropriate, in accordance with the provisions\nof sections eighty-one and eight-one-a of this article.\n f. Notwithstanding any other provision of this chapter, any employee\nmay voluntarily remove his or her name from a redeployment list by\napplication to the department.\n 2. Secondary redeployment. a. In the event the department determines,\nin accordance with the provisions of subdivision one of this section,\nthat there are no positions in the same title or any comparable title to\nwhich an employee to be suspended or demoted by reason of the state's\nexercise of its right to contract out for goods and services can be\nredeployed, the department may place the name of such employee on a\nspecial reemployment roster, for filling positions in titles for which\nthe employee meets the essential tests and qualifications. Such special\nreemployment roster may be certified immediately upon the employee's\nplacement on the roster for filling a position before certification is\nmade from any other eligible list, including a promotion eligible list,\nbut not prior to a redeployment list or preferred list.\n b. Termination of eligibility. Eligibility for appointment of an\nemployee whose name appears on a special reemployment roster shall not\ncontinue for a period longer than four years from the date of suspension\nor demotion, provided, however, that eligibility for appointment of an\nemployee whose name appears on any such special reemployment roster\nshall terminate at such time as the employee is redeployed pursuant to\nthe provisions of this section and, in no event, shall eligibility for\nappointment from a special reemployment roster continue once the\nemployee is no longer eligible for reinstatement from a preferred list.\n c. Employees placed on a special reemployment roster in accordance\nwith the provisions of this section, shall have all the rights and\nprivileges provided employees placed on reemployment rosters in\naccordance with section eighty-one-a of this article.\n 3. Rulemaking authority. The commission shall adopt rules for carrying\ninto effect the provisions of this section, including rules providing\nfor the relinquishment of eligibility for appointment upon appointment\nor upon failure or refusal to accept appointment from a redeployment\nlist. Additionally, notwithstanding any inconsistent provision of law,\nrule, or regulation, an agreement between the state and an employee\norganization recognized or certified pursuant to article fourteen of\nthis chapter can provide employment security rights and benefits where\nthe state has exercised its right to contract out for goods and\nservices. The commission upon receipt of a written request of the\ndirector of employee relations, is authorized to implement provisions of\nsuch agreement consistent with the terms thereof and, to the extent\nnecessary, may adopt rules and regulations providing for the benefits to\nbe thereunder provided. The commission, with the approval of the\ndirector of the budget, may extend such benefits in whole or in part, to\nstate employees excluded from collective negotiating units.\n