§ 34 — Transfer of employees

§ 34. Transfer of employees. Upon the transfer of the medical\nassistance program audit and fraud and abuse prevention functions from\nthe department and the offices of mental health, alcoholism and\nsubstance abuse services, temporary disability assistance, and children\nand family services and the office for people with developmental\ndisabilities to the office within the department pursuant to section\nthirty-one of this title, 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, and any documents and\nrecords necessary and related to the transfer of such functions. The\nheads of the departments or agencies from which such function is to be\ntransferred and the inspector shall confer to determine the officers and\nemployees who are substantially engaged in the medical assistance\nprogram audit and fraud and abuse prevention function to be transferred.\nIn accordance with subdivision two of section seventy of the civil\nservice law, officers and employees so transferred shall be transferred\nwithout further examination or qualification to the same or similar\ntitles and shall remain in the same collective bargaining unit and shall\nretain their respective civil service classification, status and rights\npursuant to their collective bargaining unit and collective bargaining\nagreement. Notwithstanding the office's regional operations, all office\nemployees shall be co-located, to the greatest extent practicable. The\ninspector shall have sole responsibility for establishing methods of\nadministration for the office.\n