2023 New York Laws › PBA - Public Authorities › Article 10-C - New York Health Care Corporations › Title 1 - Westchester County Health Care Corporation › 3304 - Transfer of Officers and Employees; Civil Service.

§  3304. Transfer of officers and employees; civil service. 1.  (a) On
the effective date of the transfer of the facilities and  operations  of
the  Westchester  County Medical Center pursuant to an agreement between
the county and the corporation as authorized in this title, officers and
employees employed in the department shall become officers and employees
of the corporation with equivalent  offices,  positions  and  employment
therewith  and  shall  be deemed public officers or public employees for
all purposes.
(b) In accordance with the provisions of section seventy of the  civil
service  law,  for  a  period  not  to extend beyond six months from the
effective date of the transfer of the facilities and operations  of  the
Westchester  County  Medical Center pursuant to an agreement between the
county and the corporation  as  authorized  in  this  title,  any  other
officer or employee of the county may, at the request of the corporation
and  with  the  consent  of  the  county  executive  and  the officer or
employee, be transferred to the corporation and shall  be  eligible  for
such   transfer   and   appointment,  without  further  examination,  to
applicable offices, positions and employment under the corporation.
(c) Any person who, at the time  he  or  she  becomes  an  officer  or
employee  of the Westchester County Medical Center pursuant to paragraph
(a)  or  (b)  of  this  subdivision,  has  a  temporary  or  provisional
appointment  shall  be transferred subject to the same right of removal,
examination or termination as though such transfer  had  not  been  made
except to the extent such rights are modified by a collective bargaining
agreement.
(d)  There  shall  be  no  layoffs of any officers or employees of the
Westchester County Medical Center which are a direct consequence of  the
enactment  of this title.  There shall be a presumption that any layoffs
occurring more than twenty-four months after the effective transfer date
described in this subdivision shall be deemed not to be  such  a  direct
consequence.
(e)  Nothing  contained  in this section shall be construed to prevent
the elimination  of  any  service  at  any  time  as  a  result  of  the
elimination of state or federal assistance, the elimination of available
revenue  reimbursement,  loss  of certification or licensure, or loss of
financial viability.
2.    The  corporation  shall  recognize  the  existing  certified  or
recognized employee organizations for those persons who become employees
of  the  Westchester  County Medical Center pursuant to paragraph (a) or
(b) of subdivision one of  this  section  as  the  exclusive  collective
bargaining  representatives  for  such  employees,  who  shall  comprise
correspondingly new collective bargaining units. The  corporation  shall
be  bound  by  all  existing  collective bargaining agreements with such
employee organizations; all existing terms and conditions of  employment
shall  remain  in  effect  until  altered  by  the  terms of a successor
contract; successor employees to the positions held  by  such  employees
shall,  consistent  with the provisions of article fourteen of the civil
service law, be  included  in  the  same  unit  as  their  predecessors.
Employees serving in positions in newly created titles shall be assigned
to  the  appropriate bargaining unit.  Nothing contained herein shall be
construed to affect:
(a) the rights  of  employees  pursuant  to  a  collective  bargaining
agreement;
(b) the representational relationships among employee organizations or
the  bargaining  relationships between the county, state and an employee
organization; or
(c) existing  law  with  respect  to  an  application  to  the  public
employment relations board seeking designation by the board that certain

persons  are  managerial  or confidential. Nothing herein shall preclude
the merger of negotiating units of employees with  the  consent  of  the
recognized or certified representatives of such units.
3.  The  salary or compensation of any such officer or employee, after
such transfer, shall be paid by the corporation. The corporation  shall,
upon  transfer,  acknowledge and give credit for all leave balances held
by such officers and employees on the date of transfer.
4. The corporation shall be subject to the civil service law.  For the
purposes of such law, the following titles (consisting of no more than a
total of forty-five positions in such titles),  including  the  proposed
comparable  corporate titles where applicable, shall, upon the effective
transfer date described in subdivision one of this section,  be  in  the
exempt  class,  unless  pursuant  to the provisions of the civil service
law, a lesser or greater number  of  titles  or  positions  is  properly
classified  in  the exempt class:   Commissioner of Hospitals (President
and Chief Executive Officer), First  Deputy  Commissioner  of  Hospitals
(Executive  Vice President), Director of Hospital Administration (Senior
Vice President, Hospital Administration), Medical Director  of  Hospital
(Senior   Vice  President,  Medical  Director),  Associate  Director  of
Hospital  Nursing  Services  and  Education  (Vice  President,  Hospital
Nursing  Services  and Education), Director of the Ruth Taylor Institute
(Vice President, Ruth Taylor Institute),  Associate  Director  Hospital,
Planning  &  Development  (Vice  President,  Planning  and Development),
Director of Professional  Services  -  WCMC  (Director  of  Professional
Services),  Director  of  Support  Service  -  WCMC (Director of Support
Services),  Associate  Director   of   Hospital   Administration   (Vice
President, Hospital Administration), Medical Records Director - Hospital
(Director  of  Health  Information  Management),  Personnel  Director  -
Medical Center, Assistant Personnel Director  -  Hospital,  Director  of
Program  Development  I  (Labor  Relations),  Health  Care Administrator
(Material  Management),  Program  Administrator  (Material  Management),
Health  Care  Administrator (Patient Care Services Program Administrator
(Patient  Care  Services)),  Health   Care   Administrator   (Regulatory
Affairs-WCMC)  Program  Administrator  (Regulatory Affairs), Health Care
Administrator (Operating Room) (Program Administrator (Operating Room)),
Health Care Administrator (EMS) (Program  Administrator  (EMS)),  Health
Care Administrator (Heart Center) Program Administrator (Heart Center)),
Program  Administrator  (Executive  Services WCMC) Program Administrator
(Executive Services)), Director of Communications  &  Development  WCMC,
Director  of Marketing & Development, Director of Program Development II
(Community Relations), Assistant to Commissioner of Hospitals (Assistant
to President/CEO), Secretary to Commissioner of Hospitals (Secretary  to
President/CEO),  Director  of  Hospital  Fiscal  and  Business  Services
(Senior Vice President, Finance), Director of Nursing -  PTI,  Associate
Director  for  Hospital  Operations,  Director  of  Information  Systems
(Director of Information Systems), Director of  Patient  Care  Services,
Director  of  Pharmacy  Services, Director, Office of Hospital Financial
Analysis, Director, Office of Hospital Reimbursement, Manager of Patient
Accounts, Associate Director, Fiscal Services (Vice President, Finance).