2006 New York Code - Establishment Of Redeployment Lists In The State Service; General Provisions

 
    § 79. Establishment  of  redeployment  lists  in  the  state  service;
  general provisions. 1. Primarily redeployment.   a. Where,  and  to  the
  extent that, an agreement between the state and an employee organization
  entered  into  pursuant to article fourteen of this chapter so provides,
  upon notification to the  department  that  an  employee  in  the  state
  service  is to be suspended or demoted in accordance with the provisions
  of section eighty or eighty-a of this article by reason of  the  state's
  exercise  of  its  right  to  contract  out  for goods and services, and
  receipt of the information required pursuant to section eighty-one-a  of
  this article for purposes of establishing reemployment rosters, at least
  ninety days prior to the suspension or demotion of an affected employee,
  the  department shall place the name of the employee upon a redeployment
  list. Such redeployment list shall be certified for filling positions in
  the same title  or  in  any  comparable  title,  as  determined  by  the
  department,  before  certification is made from any other eligible list,
  placement roster, reemployment roster or preferred list.   The  director
  of  state  operations  is  authorized  to  redeploy  such  employees  to
  positions  in  appointing  authorities  of  the  executive  branch.  The
  department  may extend the right to be placed on a redeployment list, in
  accordance with the provisions of this section, to employees not subject
  to the provisions of such agreement.
    b. Orders of certification of names from a  redeployment  list.    The
  names of persons on a redeployment list shall be certified therefrom for
  appointment  in  the order of their original appointments, in accordance
  with  the  provisions  of  subdivision  three  of  section  eighty   and
  subdivision three of section eighty-a of this article.
    c.  Salary  upon  redeployment. A person appointed from a redeployment
  list shall receive at least the same salary such person was receiving in
  the position from which he or she is to be  or  has  been  suspended  or
  demoted.
    d.   Probationary   term.   Probationers  who  are  appointed  from  a
  redeployment list to a position in the same title will  be  required  to
  complete  their  probationary  term.  Employees who are appointed from a
  redeployment list to a position in a comparable title shall be  required
  to complete a probationary term in accordance with the rules promulgated
  by  the commission pursuant to subdivision two of section sixty-three of
  this chapter.
    e.  Termination  of  eligibility  for  appointment.  Eligibility   for
  appointment  of  an  employee  whose name appears on a redeployment list
  shall terminate at such time as the employee is redeployed  pursuant  to
  the provisions of this section to a position in the same salary grade as
  the  position from which he or she has been suspended or demoted, or has
  exercised his or her reemployment rights pursuant to the  provisions  of
  section  eighty-one  or eighty-one-a of this article, provided, however,
  that eligibility for appointment  shall  terminate  no  later  than  six
  months  following  the  suspension  or  demotion  of  such  employee  in
  accordance with the provisions of section eighty  or  eighty-a  of  this
  article.  Upon  such  employee's  suspension or demotion, the department
  shall place the name of such employee  upon  a  preferred  list,  and  a
  reemployment  roster,  as appropriate, in accordance with the provisions
  of sections eighty-one and eight-one-a of this article.
    f. Notwithstanding any other provision of this chapter,  any  employee
  may  voluntarily  remove  his  or  her  name from a redeployment list by
  application to the department.
    2. Secondary redeployment. a. In the event the department  determines,
  in  accordance  with  the provisions of subdivision one of this section,
  that there are no positions in the same title or any comparable title to
  which an employee to be suspended or demoted by reason  of  the  state's
  exercise  of  its  right  to  contract out for goods and services can be
  redeployed, the department may place the name  of  such  employee  on  a
  special  reemployment  roster, for filling positions in titles for which
  the  employee meets the essential tests and qualifications. Such special
  reemployment roster may be certified  immediately  upon  the  employee's
  placement  on  the roster for filling a position before certification is
  made from any other eligible list, including a promotion eligible  list,
  but not prior to a redeployment list or preferred list.
    b.  Termination  of  eligibility.  Eligibility  for  appointment of an
  employee whose name appears on a special reemployment roster  shall  not
  continue for a period longer than four years from the date of suspension
  or  demotion,  provided, however, that eligibility for appointment of an
  employee whose name appears on  any  such  special  reemployment  roster
  shall  terminate  at such time as the employee is redeployed pursuant to
  the provisions of this section and, in no event, shall  eligibility  for
  appointment  from  a  special  reemployment  roster  continue  once  the
  employee is no longer eligible for reinstatement from a preferred list.
    c. Employees placed on a special  reemployment  roster  in  accordance
  with  the  provisions  of  this  section,  shall have all the rights and
  privileges  provided  employees  placed  on  reemployment   rosters   in
  accordance with section eighty-one-a of this article.
    3. Rulemaking authority. The commission shall adopt rules for carrying
  into  effect  the  provisions of this section, including rules providing
  for the relinquishment of eligibility for appointment  upon  appointment
  or  upon  failure  or  refusal to accept appointment from a redeployment
  list. Additionally, notwithstanding any inconsistent provision  of  law,
  rule,  or  regulation,  an  agreement  between the state and an employee
  organization recognized or certified pursuant  to  article  fourteen  of
  this  chapter  can provide employment security rights and benefits where
  the state has  exercised  its  right  to  contract  out  for  goods  and
  services.  The  commission  upon  receipt  of  a  written request of the
  director of employee relations, is authorized to implement provisions of
  such agreement consistent with the terms  thereof  and,  to  the  extent
  necessary, may adopt rules and regulations providing for the benefits to
  be  thereunder  provided.  The  commission,  with  the  approval  of the
  director of the budget, may extend such benefits in whole or in part, to
  state employees excluded from collective negotiating units.