N.Y. Civil Service Law § 45: Status of employees upon acquisition of private institution or enterprise by government

§ 45. Status of employees upon acquisition of private institution or

enterprise by government. 1. Whenever the state or any civil division or

public agency shall acquire a private institution or enterprise, for the

purpose of operating it as a public function, such civil division, or

public agency, as the case may be, may continue the employment of all

officers or employees thereof deemed necessary, who shall have been in

the employ of such private institution or enterprise for at least one

year prior to such acquisition. The positions so held by such employees

shall be in the non-competitive class, pending the classification or

reclassification of such positions as hereinafter directed, and such

employees shall continue to be employed in similar or corresponding

positions and shall have the seniority theretofore held by them as among

themselves. The state civil service department or municipal commission

having jurisdiction, however, after notice to any such employee, of the

reasons therefor, and after according such employee a hearing, may

exclude him or her from further employment if found by such department

or municipal commission not to be a person of good character.

Notwithstanding the provisions of this section, no person shall be

continued in employment in a position classified in the competitive

class pursuant to the provisions of this subdivision unless he or she is

a citizen or a noncitizen lawfully admitted for permanent residence in

the United States.

2. Not later than one year after the acquisition of such private

institution or enterprise, the state or municipal civil service

commission having jurisdiction shall determine for which positions or

class of positions competitive examinations are practicable and shall

adopt rules classifying and reclassifying the various positions. The

then incumbents of such positions who are employed therein at the time

of the acquisition of the private institution or enterprise and who were

so employed for at least one year prior to such acquisition shall

continue to hold their positions without further examination and shall

have all the rights and privileges of the jurisdictional class to which

such positions may be allocated; provided, however that after such

acquisition all new positions thereafter created and vacancies occurring

in positions already established shall be filled in accordance with the

provisions of this chapter and the rules adopted thereunder.