N.Y. Social Services Law § 74-i: Transfer of personnel; county, city and town

§ 74-i. Transfer of personnel; county, city and town. 1. When,

pursuant to the provisions of this chapter or of any other law, the

functions, powers and duties exercised by a city or town in the

administration of public assistance and care, are transferred or

assigned, in whole or in part, to a county, provision shall be made for

the county to employ so much of the staff employed by such city or town

in the administration and execution of the functions, powers and duties

so transferred or assigned as may be practicable and necessary.

Officers and employees shall be transferred without further examination

or qualification and they shall retain their respective civil service

classification and status provided that, in determining the officers and

employees to be transferred to a county, such officers and employees

shall be selected within each grade of each class of positions in the

order of their original appointment in the service of the city or town,

as the case may be. Officers and employees in the competitive class of

the civil service of the city or town who are not transferred to the

county shall have their names entered upon appropriate city or town

preferred lists, as the case may be, pursuant to section thirty-one of

the civil service law. Temporary and provisional employees may be

transferred and shall, thereafter, be subject to such examinations as

are required by law. If the functions transferred are retransferred in

accordance with the provisions of this chapter, upon such retransfer,

the officers or employees who were transferred and who are employed by

the county on the date of such retransfer shall likewise be

retransferred; and, thereafter, they shall be deemed officers and

employees of the city or town from which they were originally

transferred, and they shall retain their civil service status, rights

and privileges.

2. When, pursuant to the provisions of this chapter, the functions,

powers and duties exercised by a county in the administration of public

assistance and care are transferred or assigned, in whole or in part, to

a city, or are assumed in part by a city or town which elects, pursuant

to this chapter or any other law, to constitute itself a public welfare

district, provision shall be made for the city or town to employ so much

of the staff employed by such county in the administration and execution

of the functions, powers and duties so transferred, assigned or assumed

as may be practicable and necessary. Officers and employees shall be

transferred without further examination or qualification and they shall

retain their respective civil service classification and status provided

that, in determining the officers and employees to be transferred to the

city or town, such officers and employees shall be selected within each

grade of each class of positions in the order of their original

appointment in the service of the county. Officers and employees in the

competitive class of the civil service of the county who are not

transferred to the city or town shall have their names entered upon

appropriate county preferred lists, pursuant to section thirty-one of

the civil service law. Temporary and provisional employees may be

transferred and shall, thereafter, be subject to such examinations as

are required by law. If the functions transferred are retransferred in

accordance with the provisions of this chapter, upon such retransfer,

the officers and employees who are transferred and who are employed by

the city on the date of such retransfer shall likewise be retransferred;

and, thereafter, they shall be deemed officers and employees of the

county, and they shall retain their civil service status, rights and

privileges.