§ 3304. Transfer of officers and employees; civil service. 1.
(a)On\nthe effective date of the transfer of the facilities and operations of\nthe Westchester County Medical Center pursuant to an agreement between\nthe county and the corporation as authorized in this title, officers and\nemployees employed in the department shall become officers and employees\nof the corporation with equivalent offices, positions and employment\ntherewith and shall be deemed public officers or public employees for\nall purposes.\n (b) In accordance with the provisions of section seventy of the civil\nservice law, for a period not to extend beyond six months from the\neffective date of the transfer of the facilities and operations of the\nWestchester County Medical Center pursuant to an agreement between
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§ 3304. Transfer of officers and employees; civil service. 1. (a) On\nthe effective date of the transfer of the facilities and operations of\nthe Westchester County Medical Center pursuant to an agreement between\nthe county and the corporation as authorized in this title, officers and\nemployees employed in the department shall become officers and employees\nof the corporation with equivalent offices, positions and employment\ntherewith and shall be deemed public officers or public employees for\nall purposes.\n (b) In accordance with the provisions of section seventy of the civil\nservice law, for a period not to extend beyond six months from the\neffective date of the transfer of the facilities and operations of the\nWestchester County Medical Center pursuant to an agreement between the\ncounty and the corporation as authorized in this title, any other\nofficer or employee of the county may, at the request of the corporation\nand with the consent of the county executive and the officer or\nemployee, be transferred to the corporation and shall be eligible for\nsuch transfer and appointment, without further examination, to\napplicable offices, positions and employment under the corporation.\n (c) Any person who, at the time he or she becomes an officer or\nemployee of the Westchester County Medical Center pursuant to paragraph\n(a) or (b) of this subdivision, has a temporary or provisional\nappointment shall be transferred subject to the same right of removal,\nexamination or termination as though such transfer had not been made\nexcept to the extent such rights are modified by a collective bargaining\nagreement.\n (d) There shall be no layoffs of any officers or employees of the\nWestchester County Medical Center which are a direct consequence of the\nenactment of this title. There shall be a presumption that any layoffs\noccurring more than twenty-four months after the effective transfer date\ndescribed in this subdivision shall be deemed not to be such a direct\nconsequence.\n (e) Nothing contained in this section shall be construed to prevent\nthe elimination of any service at any time as a result of the\nelimination of state or federal assistance, the elimination of available\nrevenue reimbursement, loss of certification or licensure, or loss of\nfinancial viability.\n 2. The corporation shall recognize the existing certified or\nrecognized employee organizations for those persons who become employees\nof the Westchester County Medical Center pursuant to paragraph (a) or\n(b) of subdivision one of this section as the exclusive collective\nbargaining representatives for such employees, who shall comprise\ncorrespondingly new collective bargaining units. The corporation shall\nbe bound by all existing collective bargaining agreements with such\nemployee organizations; all existing terms and conditions of employment\nshall remain in effect until altered by the terms of a successor\ncontract; successor employees to the positions held by such employees\nshall, consistent with the provisions of article fourteen of the civil\nservice law, be included in the same unit as their predecessors.\nEmployees serving in positions in newly created titles shall be assigned\nto the appropriate bargaining unit. Nothing contained herein shall be\nconstrued to affect:\n (a) the rights of employees pursuant to a collective bargaining\nagreement;\n (b) the representational relationships among employee organizations or\nthe bargaining relationships between the county, state and an employee\norganization; or\n (c) existing law with respect to an application to the public\nemployment relations board seeking designation by the board that certain\npersons are managerial or confidential. Nothing herein shall preclude\nthe merger of negotiating units of employees with the consent of the\nrecognized or certified representatives of such units.\n 3. The salary or compensation of any such officer or employee, after\nsuch transfer, shall be paid by the corporation. The corporation shall,\nupon transfer, acknowledge and give credit for all leave balances held\nby such officers and employees on the date of transfer.\n 4. The corporation shall be subject to the civil service law. For the\npurposes of such law, the following titles (consisting of no more than a\ntotal of forty-five positions in such titles), including the proposed\ncomparable corporate titles where applicable, shall, upon the effective\ntransfer date described in subdivision one of this section, be in the\nexempt class, unless pursuant to the provisions of the civil service\nlaw, a lesser or greater number of titles or positions is properly\nclassified in the exempt class: Commissioner of Hospitals (President\nand Chief Executive Officer), First Deputy Commissioner of Hospitals\n(Executive Vice President), Director of Hospital Administration (Senior\nVice President, Hospital Administration), Medical Director of Hospital\n(Senior Vice President, Medical Director), Associate Director of\nHospital Nursing Services and Education (Vice President, Hospital\nNursing Services and Education), Director of the Ruth Taylor Institute\n(Vice President, Ruth Taylor Institute), Associate Director Hospital,\nPlanning & Development (Vice President, Planning and Development),\nDirector of Professional Services - WCMC (Director of Professional\nServices), Director of Support Service - WCMC (Director of Support\nServices), Associate Director of Hospital Administration (Vice\nPresident, Hospital Administration), Medical Records Director - Hospital\n(Director of Health Information Management), Personnel Director -\nMedical Center, Assistant Personnel Director - Hospital, Director of\nProgram Development I (Labor Relations), Health Care Administrator\n(Material Management), Program Administrator (Material Management),\nHealth Care Administrator (Patient Care Services Program Administrator\n(Patient Care Services)), Health Care Administrator (Regulatory\nAffairs-WCMC) Program Administrator (Regulatory Affairs), Health Care\nAdministrator (Operating Room) (Program Administrator (Operating Room)),\nHealth Care Administrator (EMS) (Program Administrator (EMS)), Health\nCare Administrator (Heart Center) Program Administrator (Heart Center)),\nProgram Administrator (Executive Services WCMC) Program Administrator\n(Executive Services)), Director of Communications & Development WCMC,\nDirector of Marketing & Development, Director of Program Development II\n(Community Relations), Assistant to Commissioner of Hospitals (Assistant\nto President/CEO), Secretary to Commissioner of Hospitals (Secretary to\nPresident/CEO), Director of Hospital Fiscal and Business Services\n(Senior Vice President, Finance), Director of Nursing - PTI, Associate\nDirector for Hospital Operations, Director of Information Systems\n(Director of Information Systems), Director of Patient Care Services,\nDirector of Pharmacy Services, Director, Office of Hospital Financial\nAnalysis, Director, Office of Hospital Reimbursement, Manager of Patient\nAccounts, Associate Director, Fiscal Services (Vice President, Finance).\n