12/31/08 N.Y. St. Reg. CVS-17-08-00019-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority:
Civil Service Law, section 6(1)
Subject:
Jurisdictional Classification.
Purpose:
To classify positions in the non-competitive class.
Text or summary was published
in the April 23, 2008 issue of the Register, I.D. No. CVS-17-08-00019-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Shirley LaPlante, NYS Department of Civil Service, AESSOB, Albany, NY 12239, (518) 473-6598, email:
shirley.laplante@cs.state.ny.usAssessment of Public Comment
One public comment was received from the New York State Public Employees Federation, AFL-CIO ("PEF"), during the public comment period. PEF maintains that the titles of Immigrant Workers Specialist 1 and 2 ("IWS" 1 and 2) in the Department of Labor ("DOL") perform duties and responsibilities currently performed by the competitive class titles of Labor Service Representative (Rural), Supervising Labor Standards Representative (Rural), Labor Standards Investigator and Senior Labor Standards Investigator. Based upon similar duties, PEF contends that the IWS 1 and 2 titles belong in the competitive jurisdictional class. No comments were received regarding the title of Director Immigrant Workers' Services.
Although there may be similarities in certain duties between IWS 1 and 2 and the titles referenced by PEF, the Civil Service Commission ("CSC") recognizes that the subject positions emphasize understanding the special needs of immigrant workers, providing information/education and building rapport and trust with immigrant communities as essential job functions. Some immigrants and their communities may be wary of governmental representatives who are seen only as enforcement agents or cultural "outsiders." IWS incumbents must embrace collaboration, community involvement and coalition-building activities with advocacy groups which are outside of traditional DOL regulatory enforcement functions.
PEF has not demonstrated how the cultural sensitivities/background/identification and other key personal characteristics required for IWS 1 and 2 can be assessed through competitive examination. Testable knowledge, skills and abilities previously identified by the Department of Civil Service and/or highlighted in PEF's submission can be addressed through carefully drawn non-competitive minimum qualifications. Accordingly, the CSC determined that based upon the record, competitive examination is impracticable and there are no viable significant alternatives to placement of the IWS 1 and 2 positions in the non-competitive jurisdictional class. The resolution shall be adopted as proposed.
