N.Y. Public Authorities Law § 3604: Transfer of officers and employees; civil service

§ 3604. Transfer of officers and employees; civil service. 1. (a) On

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

the Clifton-Fine Hospital pursuant to an agreement between the towns and

the corporation as authorized in this title, officers and employees

employed in the hospital by the town 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

Clifton-Fine Hospital pursuant to an agreement between the towns and the

corporation as authorized in this title, any other officer or employee

of the towns may, at the request of the corporation and with the consent

of the appropriate town supervisor 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 Clifton-Fine Hospital 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

Clifton-Fine Hospital 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 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.

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

purposes of such law, any titles, upon the effective transfer date

described in subdivision one of this section, in the exempt class shall

remain exempt.