Advance planning is required for those hoping to get jobs with New York City. The Department of Citywide Administrative Services (DCAS) serves as the City's Personnel Department and writes, administers and scores the tests given for NYC jobs. Lisa Colangelo of the New York Daily News writes about City hiring procedures in the following article. click www.nydailynews.com/ny_local/2010/08/04/2010-08-04_for_civil_service_jobs_think_ahead.html
Since 2006, more than 1,000 New York City teachers have lost their permanent assignments yet remain on the Department of Education payroll. These teachers are referred to as the Absent Teacher Reserve pool (ATRs). They have not lost their jobs due to any wrongdoing but due to school closings or budget cuts. ATRs are assigned to schools across the city to act as substitute teachers or administrative help. The salaries for these ATRs are paid by the department’s central office and not individual schools.
Many ATRs are unmotivated to seek new employment. The last two New York City job fairs only brought in about ten percent of the ATRs invited. Even the school chancellor has admitted that some people just prefer not to work. While the DOE offers financial incentives to schools to encourage them to hire ATRs, the principals do not always get responses from the ATRs they contact to fill positions and sometimes the responses they do get are half-hearted.
New York City expects more teachers to wade into the ATR pool due to budget cuts.
To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
Lisa Colangelo of the New York Daily News recently wrote about the issue of provisional workers in New York City. Over two years ago, the city was ordered to reduce the number of provisional employees in the workforce. The Department of Citywide Administrative Services has developed a five-year plan to reorganize civil service titles and give additional exams. Provisional employees are hired when the city needs to fill a position but lacks a list of candidates who have passed the exam for that position. These employees should then be subjected to a test for their job within nine months of being hired but this does not always happen. Sometimes when individuals take the test, they are not able to pass and lose their provisional job. The city is working on improving this process and holding the exams in a more timely fashion.
To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
The Village of Montgomery and Town of Mount Hope must stop using in-house police ranks and start hiring police supervisors from a competitive list. Orange County has decided not to certify its payroll if they do not comply with Civil Service Law. After a local paper identified village officers as chiefs and sergeants, the Personnel Commissioner began investigating the county’s use of police titles and their non-compliance with state Civil Service Law. The new Commissioner feels that the departments need a supervisor who holds a rank of sergeant or higher and that a police officer should not be filling a supervisory rank. The Village of Montgomery is currently interviewing candidates for a part-time police chief and an additional supervisor.
Read more about this Civil Service Law case here.
To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
A new Civil Service Bill, S4562, was passed that will change the probationary period for employees of the New York City Health and Hospitals Corporation appointed to a title on the non-competitive class to one year. The current five-year probationary period is considered unfair and unnecessary by many health workers. This new bill shortens the probationary period to one year which should be adequate time for a competent manager to determine that an employee is performing at a competent level and is deserving of the right to a hearing prior to being fired.
Read more about the new Civil Service bill here.
To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
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Various occupations require Certificates of Fitness. To read more about the Certificate of Fitness that the Fire Department of the City of New York City issues, you can visit the following website. This website provides information about testing procedures, fees, and the verification process.
Learn more about the FDNY Certificate of Fitness here.
To read about Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
The New York State Department of Civil Service has a detailed Summary of Civil Service Law available. To find out more about civil service law, check out this PDF file: www.cs.state.ny.us/pio/publications/summofcsl.pdf.
According to Lisa Colangelo from the Daily News, the Department of Citywide Administrative Services is attempting to ease the process of taking civil service exams. Besides the early Saturday morning written exams DCAS is now operating a Computerizes Testing Center on LaFayette St, in Manhattan where candidates are able to walk in and take tests several times a week. This is an attempt to get the city a greater selection of applicants who can apply on their time. During July five tests are being offered: police officer, correction officer, traffic enforcement agent, environmental police officer, and eligibility specialist.
After successfully passing the test a list is created by the city that is valid for four years. These tests are being offered in anticipation that the city will have openings in the near future. The best way to find out more about exams is the DCAS website (www.nyc.gov/dcas). There is information on locations and required materials for upcoming tests, promotional tests, and past exams. You are able to apply and pay application fees online and it is also recommended that applicants call 311 or (212) 669-1357 to check schedules.
Read the article by the New York Daily News Civil Service Reporter here.
To read about Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
Café Concerto Ltd. v New York State Liquor Authority
In this Article 78 proceeding, petitioner appealed a determination of the New York State Liquor Authority which imposed a civil penalty for the violation of Alcoholic Beverage Control Law § 65(1) and State Liquor Authority Rule 54.2. In January of 2006, police officers responded to a complaint of underage drinking at petitioner’s premises. Four charges were brought against petitioner: allowing the sale of alcohol to an underage person, failure to exercise adequate supervision over the conduct of the business, permitting the premises to become disorderly, and allowing to premises to become disorderly by permitting an altercation to occur.
A hearing was held and the last two charges were dropped. The first two charges involving the sale of alcohol to minors were upheld because of the testimony of Officer Chowdhury. Officer Chowdhury testified that when he arrived at the premises he noticed a lot of individuals drinking at the bar who he believed to be underage. He pulled aside eight bar patrons to further question them. According to Officer Chowdhury, two of these individuals showed him identification indicating they were under 21. He sniffed their beverages and determined by smell that they contained alcohol. The other six individuals did not have identification and the Officer told them to leave because he believed them to be underage. Officer Chowdhury then issued six summonses to the bartender.
The ALJ determined that while there was no evidence to substantiate charges 3 and 4, they felt Officer Chowdhury’s testimony was credible and imposed a $7,000 civil penalty on petitioner. Petitioner then commenced this Article 78 appeal alleging that the penalty was “arbitrary, capricious, unreasonable, unsupported by substantial evidence, and not based upon a reasonable basis”. Petitioner argued that respondent failed to establish that alcoholic beverages were in fact sold to any individuals under 21. The Court agrees with petitioner. The burden of proof rests upon the State Liquor Authority (SLA) to prove the age of an alleged minor at the time of the violation. Since Officer Chowdhury did not make copies of the minor’s identifications there is nothing in the record to corroborate the dates of birth scribbled on the summonses. Also, there is inadequate proof that the beverages possessed by the eight individuals contained alcohol. Officer Chowdhury did not taste or field test any of the drinks. Additionally, Officer Chowdhury did not see any underage individuals being served by any bartender on the premises.
Accordingly, the Supreme Court granted the petition and annulled the determination, without costs.
To read about Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
Roslyn Rosenfeld has been selling civil service test books for 55 years now at her Civil Service Bookshop at 89 Worth Street in Lower Manhattan. The bookstore offers a wide range of test preparation manuals for every civil service exam imaginable from the more common jobs like police officer and fire fighter to budget examiner and fingerprint technician. Ms. Rosenfeld is worried that she may have to move her shop due to the landlord possibly taking the building in a different direction. Business wise, her shop is doing well since the civil service exams and constantly being given and people come in to buy practice tests and guide books.
Boakye-Yiadom v Roosevelt Union Free School District
Plaintiff brought about an action to recover damages for breach of contract, promissory estoppel, and defamation. The Supreme Court denied granted defendants’ motion to dismiss the complaint and plaintiff commenced this appeal.
Education Law requires that any complaint against the school district or board of education must be presented to the governing body of said district or school within three months after the accrual of the claim. Therefore, a claim against a school district on an action alleging breach of contract or promissory estoppel based on a contract must be served in a timely manner and since plaintiff failed to serve the notice of claim within three months, the Court properly dismissed the claim.
Accordingly, the Court affirmed the order, with costs.
New York is holding a Civil Service exam for certain management jobs for the first time in three years. In March 2009, tests for Professional Careers and Professional Careers (Diversity Management) will be held. If you are interested in either of these tests, you must possess a bachelor’s degree or plan to earn one before August 31, 2009 and must register by January 5, 2009. For more details, visit the state Civil Service website here.
College seniors and recent graduates interested in how the city government works should check out New York City’s Urban Fellows Program, sponsored by the Department of Citywide Administrative Services. This nine-month fellowship provides the opportunity to work in various city agencies and the mayor’s office. Individuals interested should submit their applications prior to January 9, 2009. More information can be found on the DCAS website.
For anyone who enjoys a good laugh and supporting children with autism, there will be a comedy show featuring retired city cops and firefighters on January 10, 2009 at The Jeanne Rimsky Theater in Port Washington, Long Island at 7:00 pm. Tickets range from $30 to $75 and all proceeds go to the ELIJA School in Levittown. For more information contact Tim Dwyer at (917) 612-8439.
The New York State Civil Service Commission
The CSC exercise authority over the classified civil service of the State.
The CSC retains broad merit system oversight responsibilities for both State and local government.
The functions of the Commission can be divided into three categories:
Quasi-Legislative Authority :The Commission promulgates rules and regulations for the classified service (this includes the Rules for the Classified Service and the Commission's Regulations).
Appellate Authority :The CSC can hear appeals in disciplinary cases for employees not covered by contract; appeals regarding involuntary leaves of absence; appeals from examination ratings; and appeals from actions of the President of the Commission,
Investigative Authority : The CSC can investigate any matter concerning the enforcement and effect of the Civil Service Law or Rules.
The CSC is comprised of three members appointed by the Governor, on the advice and consent of the State Senate. By law, no more than two Commissioners can be members of the same political party. The Governor designates one of the three Commissioners as the President of the Commission.
The CSC conducts its business during its annual schedule of eleven monthly meetings.
The Commission Meeting Calendar lists the issues before the CSC at each monthly meeting.
Jurisdictional: By law, classified service positions are in the competitive jurisdictional class, unless the CSC acts to approve placement outside of the competitive class. CSC resolutions are signed by the President of the Commission and take effect upon signature by the Governor and filing with the Secretary of State.
Text Amendments:The CSC can amend the text of the Rules for the Classified Service, Attendance Rules and the Regulations of the State CSC (Commission's Regulations).
is required to extend these leaves beyond the original two-year period.
4. The Testing Program:
Committee on Appeals: The Establishment of Rating Keys for Written Tests.
Two members of the CSC act as Chairpersons of the Committee(s) on Appeals.The Committee on Appeals decides whether the exam rating keys should be adjusted, based upon candidates' objections and the Testing Division's analyses. CSC approve final rating keys, eligible lists can be established.
The CSC examines proposed changes to the text of municipal civil service rules and proposed changes to the rules.
RSSL § 211 authorizes the State CSC to waive the § 212 income limitations. A § 211 waiver enables a retiree to accept a full-time government job without compromising the pension benefit earned from prior service
5 . Extensions in Service Over Age Seventy (Superannuation Retirement): Employees who remain subject to RSSL § 70 must obtain CSC approval to continue in office.
6. Appeals: Aggrieved individuals can appeal departmental actions to the CSC, Appeals from Determinations of the Staffing Services Division , Candidate Disqualification, Appeals from Determinations of the Testing Services Division, Appeals from Determinations of the Director of the Division of Classification and Compensation, Appeals from Determinations of the Employee Health Service Regarding Eligibility under the CSL § 55 (b)(c) Programs & Appeals Regarding Disability Leaves and Reinstatement Issues, a) Reinstatement after Separation for Disability under Workers' Compensation (CSL § 71 b) Leave for Ordinary Disability (CSL § 72 c) Separation for Ordinary Disability; Reinstatement (CSL § 73) d) Employee Disciplinary Proceedings (CSL § 75 and § 76)
7 Merit Awards: State worker or retiree is eligible to submit ideas through the Employee Suggestion Program.
Suggestions recommended for an award, is approved by CSC. Awards can range from a Certificate of Merit to payments totaling $50,000
8 Conferences : Parties with business before the CSC can request a Conference with the Commission.
The New York State Civil Service Commission
The CSC exercise authority over the classified civil service of the State.
The CSC retains broad merit system oversight responsibilities for both State and local government.
The functions of the Commission can be divided into three categories:
Quasi-Legislative Authority :The Commission promulgates rules and regulations for the classified service (this includes the Rules for the Classified Service and the Commission's Regulations).
Appellate Authority :The CSC can hear appeals in disciplinary cases for employees not covered by contract; appeals regarding involuntary leaves of absence; appeals from examination ratings; and appeals from actions of the President of the Commission,
Investigative Authority : The CSC can investigate any matter concerning the enforcement and effect of the Civil Service Law or Rules.
The CSC is comprised of three members appointed by the Governor, on the advice and consent of the State Senate. By law, no more than two Commissioners can be members of the same political party. The Governor designates one of the three Commissioners as the President of the Commission.
The CSC conducts its business during its annual schedule of eleven monthly meetings.
The Commission Meeting Calendar lists the issues before the CSC at each monthly meeting.
Jurisdictional: By law, classified service positions are in the competitive jurisdictional class, unless the CSC acts to approve placement outside of the competitive class. CSC resolutions are signed by the President of the Commission and take effect upon signature by the Governor and filing with the Secretary of State.
Text Amendments:The CSC can amend the text of the Rules for the Classified Service, Attendance Rules and the Regulations of the State CSC (Commission's Regulations).
is required to extend these leaves beyond the original two-year period.
4. The Testing Program:
Committee on Appeals: The Establishment of Rating Keys for Written Tests.
Two members of the CSC act as Chairpersons of the Committee(s) on Appeals.The Committee on Appeals decides whether the exam rating keys should be adjusted, based upon candidates' objections and the Testing Division's analyses. CSC approve final rating keys, eligible lists can be established.
The CSC examines proposed changes to the text of municipal civil service rules and proposed changes to the rules.
RSSL § 211 authorizes the State CSC to waive the § 212 income limitations. A § 211 waiver enables a retiree to accept a full-time government job without compromising the pension benefit earned from prior service
5 . Extensions in Service Over Age Seventy (Superannuation Retirement): Employees who remain subject to RSSL § 70 must obtain CSC approval to continue in office.
6. Appeals: Aggrieved individuals can appeal departmental actions to the CSC, Appeals from Determinations of the Staffing Services Division , Candidate Disqualification, Appeals from Determinations of the Testing Services Division, Appeals from Determinations of the Director of the Division of Classification and Compensation, Appeals from Determinations of the Employee Health Service Regarding Eligibility under the CSL § 55 (b)(c) Programs & Appeals Regarding Disability Leaves and Reinstatement Issues, a) Reinstatement after Separation for Disability under Workers' Compensation (CSL § 71 b) Leave for Ordinary Disability (CSL § 72 c) Separation for Ordinary Disability; Reinstatement (CSL § 73) d) Employee Disciplinary Proceedings (CSL § 75 and § 76)
7 Merit Awards: State worker or retiree is eligible to submit ideas through the Employee Suggestion Program.
Suggestions recommended for an award, is approved by CSC. Awards can range from a Certificate of Merit to payments totaling $50,000
8 Conferences : Parties with business before the CSC can request a Conference with the Commission.
This Court of Appeals case centered on whether or not issues submitted by the Civil Service Employees Association were subject to arbitration.
This the history of the case includes a report issued by the New York State Civil Service Commission in the year 2004 noting that Long Beach had poor control over its provisional appointments in the civil service. Most importantly several positions in the competitive class have been filled with provisional appointments and one had been filled provisionally for a total of 19 years.
The city determined that the provisional appointments violated Civil Service Law and terminated the employees. The CSEA filed grievances and demanded arbitration alleging that the employees were tenured.
The city brought an action to stop the arbitration. The Supreme Court granted the motion to stay the arbitration and the Appellate Division affirmed. Their reasoning behind the decision is that a provision in the Collective Bargaining Agreement to arbitrate these disputes violated Civil Service Law.
Citing Civil Service Law section 65 (1) the court found that provisional appointments are allowed when there is no eligible list available for filling a vacancy in a competitive class and then for only a maximum of nine months. Furthermore, once a provisional employee has been in a position four months the City must hold a Civil Service examination. Section 65 allows no tenure to provisional employees and the collective bargaining agreement between the city and the C. S. E.A. is meaningless in light of the Civil Service Law.
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