GENERAL INFORMATION BULLETIN No. 24-01

TO: Department and Agency Directors of Human Resources, Personnel and Affirmative Action Officers, Equal Opportunity Specialists, Diversity and Inclusion Specialists

FROM: Jessica Rowe, Acting Deputy Commissioner

SUBJECT: Memorandum of Understanding Agreement – Movement between New York State Agencies and Departments and Civilian Positions at the Division of State Police

DATE: April 16, 2024

A Memorandum of Understanding (MOU) to facilitate the voluntary movement of employees to and from positions in New York State Departments and Agencies and civilian position in the Division of State Police was signed by the President of the New York State Civil Service Commission and the Superintendent of the New York State Police. This Agreement went into effect on September 15, 2023.

This Agreement allows for the transfer of personnel as defined in Sections 70.1, 70.4 and 52.6 of the Civil Service Law between incumbents of permanent, competitive class positions in New York State Departments and Agencies subject to the jurisdiction of the State Department of Civil Service/State Civil Service Commission and incumbents of permanent, competitive class, civilian positions in the Division of State Police that have been classified by the Director of Classification and Compensation of the Department of Civil Service.

Additionally, reinstatement pursuant to Civil Service Rule 5.4 shall be permitted between permanent incumbents of positions in the New York State Departments and Agencies subject to the jurisdiction of the State Department of Civil Service/State Civil Service Commission and the Division of the State Police that have been classified by the Director of Classification and Compensation of the Department of Civil Service.

Prior to the signing of this Agreement, such transfers and reinstatements were not permitted.

All transfers or reinstatement authorized pursuant to the MOU shall be subject to the Rules, Regulations and policies of the State Department of Civil Service and Division of State Police applicable to such transfers. Accordingly, existing eligibility requirements in place for such transfers and reinstatements remain unchanged by this Agreement (required time in title, titles are within two salary grades, etc.). Employees so appointed shall serve the appropriate probationary period, and mandatory leaves for transferees shall now apply, and such transferees shall be given hold items for the duration of their probation.

The transfer of a State employee to a position in the Division of State Police shall be contingent upon the employee passing a criminal history and/or any additional background investigation as required.

This Agreement only applies to transfers and reinstatements and does not have any impact on eligibility for employees of the Division of State Police to take promotion exams open to New York State Department and Agency employees. Additionally, employee's current layoff rights and policies are not impacted by this MOU.

All employees so transferred shall retain their leave accruals and other benefits as provided in the Reciprocal Agreement regarding the transfer of leave credits between the Division of State Police and Departments and Agencies subject to the Attendance Rules for Employees in State Departments and Institutions.

This Agreement does not authorize the transfer of any sworn member of the Division of State Police to any sworn police position in any New York State Department or Agency or the transfer of any sworn police officer in any New York State Department or Agency to any sworn member position in the Division of State Police.

Questions should be directed to your Staffing Services Representative.