Information for Employees Who are Reassigned in State Service
From time to time, agencies may find it necessary to reassign employees from one location to another because of legislative mandates, budgetary directives or agency reorganizations. In some cases reassignments occur on a voluntary basis at the request of an employee. The following information is provided to help clarify the issues involved in reassignments.
What Is a Reassignment?
A reassignment is defined as a change, without further examination of a permanent employee from one position to another position in the same title under the jurisdiction of the same appointing authority (§1.2 (b) (2), Rules for the Classified Service).
By comparison, a transfer is a change to a different title or to a different agency and cannot be made without the written consent of the employee. (§1.2 (b) (1), Rules for the Classified Service)
Sometimes the term "reassignment" is heard when positions are being abolished (CSL §80 or 80-a), or when employees are being affected by a transfer of function (CSL §70.2) to another agency. These situations are not the subject of discussion here.
Who Has the Authority to Reassign Employees?
An appointing authority may assign and reassign employees according to agency needs. When only some employees in a title are being reassigned the Department of Civil Service recommends that agencies offer reassignments to employees based upon their seniority, with the more senior being allowed to remain in the current location. However, agency management may reassign employees based upon specific program priorities or allow employees to volunteer for positions at a new location. The final choice of the method by which reassignments are made is at the discretion of the agency.
What Happens to Employees Who Refuse a Reassignment?
Permanent employees who refuse to accept a reassignment and are consequently separated from service cannot be considered as "laid-off" under the provisions of §§80 or 80-a of the Civil Service Law. Therefore employees refusing such reassignments are not afforded the opportunity to displace other employees serving in lower grades. However, when the reassignments are to another geographic location (i.e., county) the names of employees who refuse to relocate will be placed on reemployment lists (§5.8, Rules for the Classified Service) which provide the same opportunities for reemployment as if positions were being abolished - except that they will not be certified to fill positions in the county to which they refused reassignment.
What Happens to Employees Who Accept a Reassignment?
Employees who accept a reassignment in the same or another location are continued in their current title and status. Their names are not placed on reemployment lists.
For Further Information
Employees who may be affected by a reassignment should contact their agency personnel office for further information. Employees should refer to the booklet "Information for State Employees Affected by Layoff" for more detailed information on reemployment lists. They may also call the Department of Civil Service and ask to speak to the Staffing Services Representative assigned to their agency.