2023 New York Laws › SOS - Social Services › Article 3 - Local Public Welfare Organization; Powers and Duties › Title 3-A - Integration of Local Public Welfare Administration › 74-I - Transfer of Personnel; County, City and Town.

§  74-i.    Transfer  of  personnel; county, city and town.  1.  When,
  pursuant to the provisions of this chapter or  of  any  other  law,  the
  functions,  powers  and  duties  exercised  by  a  city  or  town in the
  administration  of  public  assistance  and  care,  are  transferred  or
  assigned,  in whole or in part, to a county, provision shall be made for
  the county to employ so much of the staff employed by such city or  town
  in  the administration and execution of the functions, powers and duties
  so  transferred  or  assigned  as  may  be  practicable  and  necessary.
  Officers  and employees shall be transferred without further examination
  or qualification and they shall retain their  respective  civil  service
  classification and status provided that, in determining the officers and
  employees  to  be  transferred  to a county, such officers and employees
  shall be selected within each grade of each class of  positions  in  the
  order  of their original appointment in the service of the city or town,
  as the case may be.  Officers and employees in the competitive class  of
  the  civil  service  of  the city or town who are not transferred to the
  county shall have their names entered  upon  appropriate  city  or  town
  preferred  lists,  as the case may be, pursuant to section thirty-one of
  the civil service law.   Temporary  and  provisional  employees  may  be
  transferred  and  shall,  thereafter, be subject to such examinations as
  are required by law.  If the functions transferred are retransferred  in
  accordance  with  the  provisions of this chapter, upon such retransfer,
  the officers or employees who were transferred and who are  employed  by
  the   county   on   the  date  of  such  retransfer  shall  likewise  be
  retransferred; and,  thereafter,  they  shall  be  deemed  officers  and
  employees   of  the  city  or  town  from  which  they  were  originally
  transferred, and they shall retain their civil  service  status,  rights
  and privileges.
2.    When, pursuant to the provisions of this chapter, the functions,
  powers and duties exercised by a county in the administration of  public
  assistance and care are transferred or assigned, in whole or in part, to
  a  city, or are assumed in part by a city or town which elects, pursuant
  to this chapter or any other law, to constitute itself a public  welfare
  district, provision shall be made for the city or town to employ so much
  of the staff employed by such county in the administration and execution
  of  the functions, powers and duties so transferred, assigned or assumed
  as may be practicable and necessary.   Officers and employees  shall  be
  transferred  without further examination or qualification and they shall
  retain their respective civil service classification and status provided
  that, in determining the officers and employees to be transferred to the
  city or town, such officers and employees shall be selected within  each
  grade  of  each  class  of  positions  in  the  order  of their original
  appointment in the service of the county.  Officers and employees in the
  competitive class of the  civil  service  of  the  county  who  are  not
  transferred  to  the  city  or  town shall have their names entered upon
  appropriate county preferred lists, pursuant to  section  thirty-one  of
  the  civil  service  law.    Temporary  and provisional employees may be
  transferred and shall, thereafter, be subject to  such  examinations  as
  are  required by law.  If the functions transferred are retransferred in
  accordance with the provisions of this chapter,  upon  such  retransfer,
  the  officers  and employees who are transferred and who are employed by
  the city on the date of such retransfer shall likewise be retransferred;
  and, thereafter, they shall be deemed  officers  and  employees  of  the
  county,  and  they  shall  retain their civil service status, rights and
  privileges.