N.Y. Public Authorities Law § 3304: Transfer of officers and employees; civil service

§ 3304. Transfer of officers and employees; civil service. 1. (a) On

the effective date of the transfer of the facilities and operations of

the Westchester County Medical Center pursuant to an agreement between

the county and the corporation as authorized in this title, officers and

employees employed in the department shall become officers and employees

of the corporation with equivalent offices, positions and employment

therewith and shall be deemed public officers or public employees for

all purposes.

(b) In accordance with the provisions of section seventy of the civil

service law, for a period not to extend beyond six months from the

effective date of the transfer of the facilities and operations of the

Westchester County Medical Center pursuant to an agreement between the

county and the corporation as authorized in this title, any other

officer or employee of the county may, at the request of the corporation

and with the consent of the county executive and the officer or

employee, be transferred to the corporation and shall be eligible for

such transfer and appointment, without further examination, to

applicable offices, positions and employment under the corporation.

(c) Any person who, at the time he or she becomes an officer or

employee of the Westchester County Medical Center pursuant to paragraph

(a) or (b) of this subdivision, has a temporary or provisional

appointment shall be transferred subject to the same right of removal,

examination or termination as though such transfer had not been made

except to the extent such rights are modified by a collective bargaining

agreement.

(d) There shall be no layoffs of any officers or employees of the

Westchester County Medical Center which are a direct consequence of the

enactment of this title. There shall be a presumption that any layoffs

occurring more than twenty-four months after the effective transfer date

described in this subdivision shall be deemed not to be such a direct

consequence.

(e) Nothing contained in this section shall be construed to prevent

the elimination of any service at any time as a result of the

elimination of state or federal assistance, the elimination of available

revenue reimbursement, loss of certification or licensure, or loss of

financial viability.

2. The corporation shall recognize the existing certified or

recognized employee organizations for those persons who become employees

of the Westchester County Medical Center pursuant to paragraph (a) or

(b) of subdivision one of this section as the exclusive collective

bargaining representatives for such employees, who shall comprise

correspondingly new collective bargaining units. The corporation shall

be bound by all existing collective bargaining agreements with such

employee organizations; all existing terms and conditions of employment

shall remain in effect until altered by the terms of a successor

contract; successor employees to the positions held by such employees

shall, consistent with the provisions of article fourteen of the civil

service law, be included in the same unit as their predecessors.

Employees serving in positions in newly created titles shall be assigned

to the appropriate bargaining unit. Nothing contained herein shall be

construed to affect:

(a) the rights of employees pursuant to a collective bargaining

agreement;

(b) the representational relationships among employee organizations or

the bargaining relationships between the county, state and an employee

organization; or

(c) existing law with respect to an application to the public

employment relations board seeking designation by the board that certain

persons are managerial or confidential. Nothing herein shall preclude

the merger of negotiating units of employees with the consent of the

recognized or certified representatives of such units.

3. The salary or compensation of any such officer or employee, after

such transfer, shall be paid by the corporation. The corporation shall,

upon transfer, acknowledge and give credit for all leave balances held

by such officers and employees on the date of transfer.

4. The corporation shall be subject to the civil service law. For the

purposes of such law, the following titles (consisting of no more than a

total of forty-five positions in such titles), including the proposed

comparable corporate titles where applicable, shall, upon the effective

transfer date described in subdivision one of this section, be in the

exempt class, unless pursuant to the provisions of the civil service

law, a lesser or greater number of titles or positions is properly

classified in the exempt class: Commissioner of Hospitals (President

and Chief Executive Officer), First Deputy Commissioner of Hospitals

(Executive Vice President), Director of Hospital Administration (Senior

Vice President, Hospital Administration), Medical Director of Hospital

(Senior Vice President, Medical Director), Associate Director of

Hospital Nursing Services and Education (Vice President, Hospital

Nursing Services and Education), Director of the Ruth Taylor Institute

(Vice President, Ruth Taylor Institute), Associate Director Hospital,

Planning & Development (Vice President, Planning and Development),

Director of Professional Services - WCMC (Director of Professional

Services), Director of Support Service - WCMC (Director of Support

Services), Associate Director of Hospital Administration (Vice

President, Hospital Administration), Medical Records Director - Hospital

(Director of Health Information Management), Personnel Director -

Medical Center, Assistant Personnel Director - Hospital, Director of

Program Development I (Labor Relations), Health Care Administrator

(Material Management), Program Administrator (Material Management),

Health Care Administrator (Patient Care Services Program Administrator

(Patient Care Services)), Health Care Administrator (Regulatory

Affairs-WCMC) Program Administrator (Regulatory Affairs), Health Care

Administrator (Operating Room) (Program Administrator (Operating Room)),

Health Care Administrator (EMS) (Program Administrator (EMS)), Health

Care Administrator (Heart Center) Program Administrator (Heart Center)),

Program Administrator (Executive Services WCMC) Program Administrator

(Executive Services)), Director of Communications & Development WCMC,

Director of Marketing & Development, Director of Program Development II

(Community Relations), Assistant to Commissioner of Hospitals (Assistant

to President/CEO), Secretary to Commissioner of Hospitals (Secretary to

President/CEO), Director of Hospital Fiscal and Business Services

(Senior Vice President, Finance), Director of Nursing - PTI, Associate

Director for Hospital Operations, Director of Information Systems

(Director of Information Systems), Director of Patient Care Services,

Director of Pharmacy Services, Director, Office of Hospital Financial

Analysis, Director, Office of Hospital Reimbursement, Manager of Patient

Accounts, Associate Director, Fiscal Services (Vice President, Finance).