January 11, 2013

NYS Department of Civil Service has issued a revised “Agency Reduction Transfer Lists” procedure applicable to officers and employees of the State as the employer

NYS Department of Civil Service has issued a revised “Agency Reduction Transfer Lists” procedure applicable to officers and employees of the State as the employer
Source: New York State Department of Civil Service Policy Bulletin #13-01

N.B. Policy Bulletin #13-01 supersedes Policy Bulletin #04-01

The Department of Civil Service’s Policy Bulletin #13-01 states that §78 of the Civil Service Law permits the transfer of employees, without examination, "from one department or agency to another department or agency of the State where necessitated by reasons of economy, efficiency, consolidation or abolition of functions, curtailment of activities or otherwise." The Policy Bulletin also notes that the Agency Reduction Transfer Program is a “discretionary tool” to be used to realign the workforce to meet programmatic and/or fiscal needs. Participation is voluntary on the part of eligible employees.

Those eligible for the ARTL program include:

1. Permanent and contingent permanent competitive class employees and eligible permanent non-competitive class and labor class employees whose positions may be impacted as a result of an action taken by reason of economy, efficiency, consolidation, or abolition of functions, curtailment of activities or otherwise.

2. Permanent and contingent permanent competitive class employees and eligible permanent non-competitive and labor class employees whose positions are relocated to a different county, and decline reassignment.

Policy Bulletin #13-01 notes that an agency may, at its discretion, extend ARTL eligibility to other employees in the titles. However, whatever method an agency chooses to determine eligibility must be objective and consistent across titles, and based upon operational needs. The Civil Service Department may extend eligibility to permanent, non-tenured, non-competitive and labor class employees.

Among those ineligible for the ARTL Program are:

1. Exempt class employees

2. Non-competitive class employees serving in policy-influencing or confidential positions

3. Provisional employees

4. Temporary employees

5. Employees who decline reassignment within the same county

6. Employees impacted by the return of incumbent in accordance with §§4.11 and 4.12 of the Classified Service. (4 NYCRR section 4.11 and 4.12)

The Civil Service Department has posted the text of Policy Bulletin #13-01 on the Internet at:
http://www.cs.ny.gov/ssd/pdf/pb13-01.pdf

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.