NY Civ Serv L § 70 (2021)
2021 New York Laws CVS - Civil Service Article 5 - Personnel Changes Title A - Transfers: Reinstatements 70 - Transfers.

§ 70. Transfers.   1. General   provisions.   Except  as  provided  in subdivisions four, six and seven of this section no  employee  shall  be transferred to a position for which there is required by this chapter or the rules established hereunder an examination involving essential tests or  qualifications  different from or higher than those required for the position held by such employee. The state and municipal commissions  may adopt  rules  governing  transfers between positions in their respective jurisdictions and may also adopt  reciprocal  rules  providing  for  the transfer  of employees from one governmental jurisdiction to another. No employee shall be transferred without  his  or  her  consent  except  as provided  in  subdivision  six  or  seven  of  this  section or upon the transfer of functions as provided in subdivision two of this section.   2. Transfer of personnel upon transfer of functions. Upon the transfer of a function (a) from one department or agency of the state to  another department  or agency of the state, or (b) from one department or agency of a civil division of the state to another department or agency of such civil division, or (c) from one civil division of the state  to  another civil  division  of the state, or (d) from a civil division of the state to the state, or vice versa, provision shall be made for the transfer of necessary officers and employees who are substantially  engaged  in  the performance  of  the  function to be transferred. As soon as practicable after the adoption of a law, rule, order or other action directing  such a  transfer  of  function,  but  not  less than twenty days prior to the effective date of such transfer, the head of the  department  or  agency from  which such function is to be transferred shall certify to the head of the department or agency to which such function is to be  transferred a  list of the names and titles of those employees substantially engaged in the performance of the function to be transferred,  and  shall  cause copies of such certified list to be publicly and conspicuously posted in the  offices  of the department or agency from which such function is to be transferred, along with copies of this subdivision. Any  employee  of the  department  or agency from which such function is to be transferred may, prior to the effective date of such transfer, protest  his  or  her inclusion  in  or  exclusion  from  such  list  by giving notice of such protest in writing addressed to the heads of the respective  departments or agencies from which and to which transfer is to be made, which notice shall  state  the reasons for the protest. The head of the department or agency to which such function is to  be  transferred  shall  review  the protest and after consultation with the head of the department or agency from  which  such  function  is  to  be transferred notify the protestor within ten days from the receipt of such protest  of  the  determination with  respect  to  such  protest.  Such  determination  shall be a final administrative determination. Failure to  make  such  protest  shall  be deemed  to  constitute consent to inclusion in or exclusion from, as the case may be, the certified list of employees engaged in the function  to be   transferred.   Officers  and  employees  so  transferred  shall  be transferred without further  examination  or  qualification,  and  shall retain  their  respective  civil service classifications and status. For the purpose of determining the officers and employees holding  permanent appointments  in  competitive  class  positions  to be transferred, such officers and employees shall be selected within each grade of each class of positions in the order of their original appointment, with due regard to the right of preference in retention  of  disabled  and  non-disabled veterans. Any employee who fails to respond to or accept a written offer of  transfer  from the department or agency to which such function is to be transferred within ten days after receipt  of  such  offer  shall  be deemed  to  have  waived  entitlement to such transfer. All officers and employees so transferred shall, thereafter, be subject to the  rules  of  the  civil  service  commission  having  jurisdiction over the agency to which  transfer  is  made.  Officers  and  employees  holding  permanent appointments  in  competitive class positions who are not so transferred shall  have  their  names entered upon an appropriate preferred list for reinstatement to the same or similar positions in  the  service  of  the governmental  jurisdiction from which transfer is made and in the office or agency to which such function is transferred. Officers and  employees transferred   to  another  governmental  jurisdiction  pursuant  to  the provisions of this subdivision  shall  be  entitled  to  full  seniority credit  for  all purposes for service rendered prior to such transfer in the governmental jurisdiction from which transfer is made. Except  where such  transferred  officers  and  employees  are entitled, pursuant to a special law or a rule adopted pursuant to law, to credit  upon  transfer for their unused vacation or annual leave and sick leave, the officer or body  having  authority to adopt provisions governing vacation or annual leave and sick leave applicable to the department  or  agency  to  which transfer is made may, after giving due consideration to the similarities and  differences  between  the  provisions  governing vacation or annual leave and sick leave in the respective jurisdictions from which  and  to which transfer is made, allow employees transferred hereunder credit for all  or  part  of  the  unused  vacation  or annual leave and sick leave standing to their credit at the time of transfer, as may  be  determined equitable,  but  not  in excess of the maximum accumulation permitted in the jurisdiction to which transfer is made. Unused  vacation  or  annual leave  not credited by the jurisdiction to which transfer is made may be compensated for to the extent, if any, such compensation  is  authorized by other law.   4.  Transfer  and  change  of title. Notwithstanding the provisions of subdivision one of this section or  any  other  provision  of  law,  any permanent  employee  in  the  competitive  class  who  meets  all of the requirements for a competitive examination, and is  otherwise  qualified as  determined  by  the  state civil service commission or the municipal civil service commission, as the case may  be,  shall  be  eligible  for participation  in  a non-competitive examination in a different position classification, provided, however,  that  such  employee  is  holding  a position in a similar grade.   5.  (a)  Where,  because  of  economy,  consolidation  or abolition of functions, curtailment of activities or otherwise, a  police  department of  any  county, city, town, village, district, commission, authority or public benefit corporation is dissolved or abolished and  the  functions of  such  department are assumed by another police agency by contractual agreement or payment  or  taxation  therefor,  the  provisions  of  this section shall apply.  (b) For the purposes of this subdivision:  (1)  The term "police agency" shall mean any agency or department of a county, city, town, village, district, commission, authority  or  public benefit  corporation  having  responsibility  for enforcing the criminal laws of the state.  (2) The term "police agency"  or  "police  department"  shall  not  be construed  to  include the police department of a city of one million or more persons, the police department of a housing authority of a city  of one  million  or  more  persons,  or  the  police department established pursuant to the provisions of section one thousand two hundred  four  of the public authorities law.   6.   Transfer   of   personnel.   Notwithstanding  the  provisions  of subdivision one of this section or any other provision of law, any  city having  a  population of one million or more may by agreement negotiated between such city and  an  employee  organization  pursuant  to  article  fourteen  of  this  chapter  provide  for  the  involuntary  transfer of employees between city agencies. For purposes of this  subdivision,  the term  "city agency" shall include any school district, public authority, commission  or  other instrumentality of government on whose behalf such city is authorized to negotiate collective bargaining agreements.   7. Transfer of  Suffolk  county  park  officers  levels  I-IV  to  the positions   of  Suffolk  county  police  officers.  Notwithstanding  the provisions of subdivision one of this section or any other provision  of law,  the  county  of  Suffolk may, by agreement negotiated between such county and an employee organization pursuant to article fourteen of this chapter, provide for the transfer of now existing Suffolk  county  parks police  officers  levels  I-IV  to  positions  of  Suffolk county police officers. The transfer of now  existing  positions  may  be  effectuated without   regard   to   any   eligible  lists  or  preferred  lists  for reinstatement.