N.Y. Civil Service Law § 70: Transfers

§ 70. Transfers. 1. General provisions. Except as provided in

subdivisions four, six and seven of this section no employee shall be

transferred to a position for which there is required by this chapter or

the rules established hereunder an examination involving essential tests

or qualifications different from or higher than those required for the

position held by such employee. The state and municipal commissions may

adopt rules governing transfers between positions in their respective

jurisdictions and may also adopt reciprocal rules providing for the

transfer of employees from one governmental jurisdiction to another. No

employee shall be transferred without his or her consent except as

provided in subdivision six or seven of this section or upon the

transfer of functions as provided in subdivision two of this section.

2. Transfer of personnel upon transfer of functions. Upon the transfer

of a function (a) from one department or agency of the state to another

department or agency of the state, or (b) from one department or agency

of a civil division of the state to another department or agency of such

civil division, or (c) from one civil division of the state to another

civil division of the state, or (d) from a civil division of the state

to the state, or vice versa, provision shall be made for the transfer of

necessary officers and employees who are substantially engaged in the

performance of the function to be transferred. As soon as practicable

after the adoption of a law, rule, order or other action directing such

a transfer of function, but not less than twenty days prior to the

effective date of such transfer, the head of the department or agency

from which such function is to be transferred shall certify to the head

of the department or agency to which such function is to be transferred

a list of the names and titles of those employees substantially engaged

in the performance of the function to be transferred, and shall cause

copies of such certified list to be publicly and conspicuously posted in

the offices of the department or agency from which such function is to

be transferred, along with copies of this subdivision. Any employee of

the department or agency from which such function is to be transferred

may, prior to the effective date of such transfer, protest his or her

inclusion in or exclusion from such list by giving notice of such

protest in writing addressed to the heads of the respective departments

or agencies from which and to which transfer is to be made, which notice

shall state the reasons for the protest. The head of the department or

agency to which such function is to be transferred shall review the

protest and after consultation with the head of the department or agency

from which such function is to be transferred notify the protestor

within ten days from the receipt of such protest of the determination

with respect to such protest. Such determination shall be a final

administrative determination. Failure to make such protest shall be

deemed to constitute consent to inclusion in or exclusion from, as the

case may be, the certified list of employees engaged in the function to

be transferred. Officers and employees so transferred shall be

transferred without further examination or qualification, and shall

retain their respective civil service classifications and status. For

the purpose of determining the officers and employees holding permanent

appointments in competitive class positions to be transferred, such

officers and employees shall be selected within each grade of each class

of positions in the order of their original appointment, with due regard

to the right of preference in retention of disabled and non-disabled

veterans. Any employee who fails to respond to or accept a written offer

of transfer from the department or agency to which such function is to

be transferred within ten days after receipt of such offer shall be

deemed to have waived entitlement to such transfer. All officers and

employees so transferred shall, thereafter, be subject to the rules of

the civil service commission having jurisdiction over the agency to

which transfer is made. Officers and employees holding permanent

appointments in competitive class positions who are not so transferred

shall have their names entered upon an appropriate preferred list for

reinstatement to the same or similar positions in the service of the

governmental jurisdiction from which transfer is made and in the office

or agency to which such function is transferred. Officers and employees

transferred to another governmental jurisdiction pursuant to the

provisions of this subdivision shall be entitled to full seniority

credit for all purposes for service rendered prior to such transfer in

the governmental jurisdiction from which transfer is made. Except where

such transferred officers and employees are entitled, pursuant to a

special law or a rule adopted pursuant to law, to credit upon transfer

for their unused vacation or annual leave and sick leave, the officer or

body having authority to adopt provisions governing vacation or annual

leave and sick leave applicable to the department or agency to which

transfer is made may, after giving due consideration to the similarities

and differences between the provisions governing vacation or annual

leave and sick leave in the respective jurisdictions from which and to

which transfer is made, allow employees transferred hereunder credit for

all or part of the unused vacation or annual leave and sick leave

standing to their credit at the time of transfer, as may be determined

equitable, but not in excess of the maximum accumulation permitted in

the jurisdiction to which transfer is made. Unused vacation or annual

leave not credited by the jurisdiction to which transfer is made may be

compensated for to the extent, if any, such compensation is authorized

by other law.

4. Transfer and change of title. Notwithstanding the provisions of

subdivision one of this section or any other provision of law, any

permanent employee in the competitive class who meets all of the

requirements for a competitive examination, and is otherwise qualified

as determined by the state civil service commission or the municipal

civil service commission, as the case may be, shall be eligible for

participation in a non-competitive examination in a different position

classification, provided, however, that such employee is holding a

position in a similar grade.

5. (a) Where, because of economy, consolidation or abolition of

functions, curtailment of activities or otherwise, a police department

of any county, city, town, village, district, commission, authority or

public benefit corporation is dissolved or abolished and the functions

of such department are assumed by another police agency by contractual

agreement or payment or taxation therefor, the provisions of this

section shall apply.

(b) For the purposes of this subdivision:

(1) The term "police agency" shall mean any agency or department of a

county, city, town, village, district, commission, authority or public

benefit corporation having responsibility for enforcing the criminal

laws of the state.

(2) The term "police agency" or "police department" shall not be

construed to include the police department of a city of one million or

more persons, the police department of a housing authority of a city of

one million or more persons, or the police department established

pursuant to the provisions of section one thousand two hundred four of

the public authorities law.

6. Transfer of personnel. Notwithstanding the provisions of

subdivision one of this section or any other provision of law, any city

having a population of one million or more may by agreement negotiated

between such city and an employee organization pursuant to article

fourteen of this chapter provide for the involuntary transfer of

employees between city agencies. For purposes of this subdivision, the

term "city agency" shall include any school district, public authority,

commission or other instrumentality of government on whose behalf such

city is authorized to negotiate collective bargaining agreements.

7. Transfer of Suffolk county park officers levels I-IV to the

positions of Suffolk county police officers. Notwithstanding the

provisions of subdivision one of this section or any other provision of

law, the county of Suffolk may, by agreement negotiated between such

county and an employee organization pursuant to article fourteen of this

chapter, provide for the transfer of now existing Suffolk county parks

police officers levels I-IV to positions of Suffolk county police

officers. The transfer of now existing positions may be effectuated

without regard to any eligible lists or preferred lists for

reinstatement.