N.Y. Public Health Law § 34: Transfer of employees

§ 34. Transfer of employees. Upon the transfer of the medical

assistance program audit and fraud and abuse prevention functions from

the department and the offices of mental health, alcoholism and

substance abuse services, temporary disability assistance, and children

and family services and the office for people with developmental

disabilities to the office within the department pursuant to section

thirty-one of this title, 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, and any documents and

records necessary and related to the transfer of such functions. The

heads of the departments or agencies from which such function is to be

transferred and the inspector shall confer to determine the officers and

employees who are substantially engaged in the medical assistance

program audit and fraud and abuse prevention function to be transferred.

In accordance with subdivision two of section seventy of the civil

service law, officers and employees so transferred shall be transferred

without further examination or qualification to the same or similar

titles and shall remain in the same collective bargaining unit and shall

retain their respective civil service classification, status and rights

pursuant to their collective bargaining unit and collective bargaining

agreement. Notwithstanding the office's regional operations, all office

employees shall be co-located, to the greatest extent practicable. The

inspector shall have sole responsibility for establishing methods of

administration for the office.