CVS-28-10-00004-P Separate Units for Suspension, Demotion or Displacement (Layoff Units)

7/14/10 N.Y. St. Reg. CVS-28-10-00004-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 28

July 14, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF CIVIL SERVICE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CVS-28-10-00004-P

Separate Units for Suspension, Demotion or Displacement (Layoff Units)

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 or displacement (layoff units).

Purpose:

To designate the Authorities Budget Office (ABO) as a separate layoff unit within the Department of State.

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 added to read as follows:

In the Department of State

Authorities Budget Office

Text of proposed rule and any required statements and analyses may be obtained from:

Shirley LaPlante, NYS Department of Civil Service, Albany, NY 12239, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Judith I. Ratner, Deputy Commissioner and Counsel, NYS Department of Civil Service, Albany, NY 12239, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Public Authorities Reform Act (Chapter 506 of the Laws of 2009) established the Authorities Budget Office (ABO) as autonomous entity within the Department of State (DOS).

Sections 80(5) and 80-a(4) of the Civil Service Law authorize the President of the State Civil Service Commission, as head of the Department of Civil Service, to designate separate units for suspension, demotion or displacement (layoff units). In the absence of this amendment, the ABO will remain part of the DOS layoff unit for purposes of reductions in force under the State Civil Service Law. Designating the ABO as a separate layoff unit within DOS or ABO minimizes the impact of potential layoffs at either DOS or ABO and improves re-employment opportunities for DOS and ABO employees. This proposal was initiated by the ABO and DOS administrations and was reviewed and authorized by the Department of Civil Service Staffing Services Division. The Governor’s Office of Employee Relations (GOER) does not oppose this proposal.

As no person or entity is likely to object to the rule as written, the proposal is being advanced as a consensus rule.

Job Impact Statement

By modifying Title 4 of the NYCRR to establish the Authorities Budget Office (ABO) as a separate unit for suspension, demotion or displacement (layoff unit) within the Department of State (DOS), this rule will positively impact 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.