11/24/10 N.Y. St. Reg. CVS-47-10-00002-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 72.1 of Title 4 NYCRR.
Statutory authority:
Civil Service Law, sections 80(5) and 80-a(4)
Subject:
Separate units for suspension, demotion of displacement (layoff units).
Purpose:
To designate the Agency Law Enforcement Services negotiating unit as a separate layoff unit with Dept. of Environmental Conservation.
Text of proposed rule:
RESOLVED, That within Section 72.1 of Chapter V of the Regulations of the Department of Civil Service (President’s Regulations), an unnumbered paragraph is hereby amended to read as follows:
In the Department of Environmental Conservation
Department-wide for [Security Services] Agency Law Enforcement Services Negotiating Unit
Remainder of department in each of the following groups:
Text of proposed rule and any required statements and analyses may be obtained from:
Shirley LaPlante, NYS Department of Civil Service, Albany, NY 12239, (518) 473-6598, email:
shirley.laplante@cs.state.ny.usData, views or arguments may be submitted to:
Judith I. Ratner, Deputy Commissioner and Counsel, NYS Department of Civil Service, Albany, NY 12239, (518) 473-2624, email:
judith.ratner@cs.state.ny.usPublic comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
In 2003, the former Security Services Negotiating Unit (SSU) within the New York State Department of Environmental Conservation (NYSDEC) was redesignated as part of the Agency Law Enforcement Services Negotiating Unit (ALES). The SSU is already established as a separate, statewide unit for suspension, demotion or displacement (layoff unit) within NYSDEC in Part 72 of the Regulations of the Department of Civil Service (President’s Regulations; Title 4 NYCRR). Following execution of a signed memorandum of understanding between NYSDEC and ALES representatives and at NYSDEC request, the definition of separate layoff units for NYSDEC in Part 72 is amended to replace the obsolete reference to SSU in NYSDEC with ALES. No employee rights are impacted by this ministerial amendment.
As no person or entity is likely to object to the rule as written, this rule is being advanced as a consensus rule.
By modifying Title 4 of the NYCRR to designate the Agency Law Enforcement Negotiating Unit (ALES) as a separate unit for suspension, demotion or displacement (layoff unit) within the New York State Department of Environmental Conservation (NYSDEC), this ministerial rule will have no impact on jobs or employment opportunities for subject employees, as set forth in section 201-a(2)(a) of the State Administrative Procedure Act (SAPA). Therefore, a Job Impact Statement (JIS) is not required by section 201-a of such Act.
