As a result of the recent agreements negotiated with CSEA, PEF, and DC 37 and implementing legislation, permanent State employees who will be or are suspended or demoted as a result of "contracting out" have a number of additional rights. These rights were also extended to management/confidential employees through legislation. Contractual Article 22 rights were also extended to non competitive and labor class employees who are permanent but have not met the one year length of service contract tenure requirement. Included among these rights are preference for reemployment in titles designated to be filled from Redeployment Lists, and salary protection for persons appointed from Redeployment Lists. These rights apply only to individuals with permanent status in the positions that are being abolished because of the contracting out.
Attached is a copy of the legislation which adds a new Section 79 to the Civil Service Law to provide for these lists. Also attached is a sample Redeployment List Canvass Letter (8/95) which agencies must reproduce and use. [These are not attached here. See Policy Bulletin 00-01 in 1600 Interviewing and Hiring for copies of all the canvass letters.]
TITLES FILLED BY REDEPLOYMENT LISTS
Redeployment lists will be used to fill positions in the same title or any comparable titles, as determined by the Department of Civil Service. Generally, the titles that will be appropriate will be some of the same titles for which eligibles will also be certified to fill from Preferred Lists and/or Reemployment Rosters. The contractual commitment is for the Department of Civil Service to be solely responsible for establishing the Redeployment List and making the appropriate title comparability determinations.
HOW AGENCIES ARE INFORMED THAT THERE ARE REDEPLOYMENT LIST ELIGIBLES
A new category has been added to the "CRIF" screen which agencies can access to find out if there are redeployment eligibles for a given title and location. The topmost category displayed is now "Redeployment List." It is at the top because Section 79 requires that Redeployment Lists take precedence over Preferred Lists and other reemployment lists. The new screen displays the number of Redeployment List eligibles for a title and location, if any. Redeployment list eligibles will be certified along with the Preferred List and other reemployment list eligibles as follows:
The names of individuals on Redeployment Lists will be certified in the order of their original permanent appointment in the classified service adjusted for breaks of service of more than one year, but not adjusted for veterans status. Unlike Preferred Lists, where variables such as layoff unit, probationary status, and direct-line title designation affect the order of certification, Redeployment Lists will be certified strictly by seniority as described above, with modifications only for bargaining unit preference. After the seniority order names of those from the bargaining unit, all other names follow in seniority order. For example, redeployment opportunities for positions designated as ASU, ISU or OSU will first be offered to affected employees represented by CSEA. Redeployment opportunities for PEF designated positions will be offered first to affected employees represented by PEF. Similar preference will be given to employees represented by DC 37, and to Management/Confidential employees in filling positions designated as management/confidential.
Agencies should request all reemployment lists, including Redeployment Lists, by calling our List Request Line at (518) 457-7683
PROBATIONARY REQUIREMENTS FOR APPOINTMENT FROM REDEPLOYMENT LISTS
For eligibles appointed from a Redeployment List to the title from which they were laid off, and who were not on probation at the time of layoff, there will be no probationary period. Appointees on probation when laid off must serve only the remainder of their probationary period.
Appointees to a title other than the title of layoff must serve the appropriate probationary period.
Appointees from a Redeployment List will receive no less than their salary at the time of layoff.
EFFECT OF FULL TIME PERMANENT AND CONTINGENT PERMANENT APPOINTMENT OR DECLINATION FROM A REDEPLOYMENT LIST APPOINTMENTS
Eligibles appointed from the Redeployment List will have their names inactivated on the Redeployment and Preferred Lists, and Reemployment Rosters for other titles at that salary grade and below. Their names will remain active on the Redeployment and Preferred Lists and Reemployment Roster for appropriate titles at higher salary grades. Eligibility for appointment from the Redeployment List ends six months after the eligible's separation from their title or when the eligible is appointed to a position at the same salary grade as the title from which he or she was laid off. Eligibility for appointment from the Preferred List and Reemployment Roster lasts up to four years but ends upon appointment to a position at the same salary grade as the title of layoff.
Individuals appointed from a Redeployment List have salary protection. Therefore, a declination of an offer of appointment at any salary grade will be treated as a declination of appointment to the same grade as the title of layoff. The individual's county of layoff and county of residence for the purpose of redeployment is determined at the time they are initially activated in the redeployment system and will not change.
If eligibles decline permanent or contingent permanent appointment from a Redeployment List in their county of layoff or county of residence, they lose all Contractual Article 22 protections and benefits, including salary protection, and are removed from the Redeployment List. Their names will also be inactivated on all other reemployment lists for any title at the same salary grade or lower than the title that they declined.
If eligibles decline a permanent or contingent permanent appointment from any Redeployment List for a county other than their county of layoff or county of residence, their names will not be certified for future Redeployment List appointments in that county. Their names will also be inactivated on all other reemployment lists for that county for any title at the same salary grade or lower than the title they declined.
DURATION OF REDEPLOYMENT LIST ELIGIBILITY
Affected employees will have their names added to the Redeployment List at least 90 days prior to suspension or demotion. Eligibility for Redeployment List appointment ends no later than 6 months following the date of separation resulting from contracting out. These employees will continue to have Preferred List and Reemployment Roster rights for up to 4 years from the date of suspension or demotion.
DoB REVIEW/APPROVAL TO FILL THE POSITION
Agencies filling positions with individuals appointed from a Redeployment List must receive prior approval from the Division of the Budget. Specifically, agencies must reach agreement with their budget examiners on the specific positions authorized to be filled via Redeployment Lists.
PROCESSING PAYROLL TRANSACTIONS
OSC has issued a payroll bulletin P-865 dated August 15, 1995, detailing the transaction code agencies are to use in appointing individuals to positions in which they will have salary protection due to appointment from a Redeployment List. The transaction code will be "REDEPLOY". Agencies must return the Redeployment List to Civil Service indicating the appointment prior to submitting a payroll form PR-75.
Section 79 of the Civil Service Law also provides for secondary redeployment opportunities for affected employees, for filling positions where the employee meets the essential tests and qualifications. Individuals who qualify for a secondary redeployment opportunity will have their names interfiled on the Reemployment Roster for that title. Redeployment eligibles who are appointed from a Reemployment Roster do not have salary protection, and will be required to complete the normal probationary term.
If you have questions on this material, please write the Reemployment Services Section, New York State Department of Civil Service, Building 1, State Office Campus, Albany NY 12239, or call (518) 457-9392.