AGENCY REDUCTION TRANSFER LISTS

Recent legislation (the full text of §78 below attached) provides for the transfer of personnel when positions are being abolished. The law, which expires March 31, 1997, provides that employees being affected by layoffs may be transferred to positions in other agencies in their current titles or in lower level direct-line titles, or to positions in titles declared comparable by the Department of Civil Service. These transfers should not be confused with other types of transfers for which employees may be eligible by nomination (i.e., pursuant to §70.1, §70.4, §52.6).

The purpose of this Bulletin is to explain the purpose and intent of the Agency Reduction Transfer Lists (ARTLs) which will be used to notify agencies filling vacancies of the names of eligible employees.

Eligibility

Permanent competitive, non-competitive and labor class employees (who meet the requirements of §80 or §80-a) serving in titles in specific locations likely to be affected by layoffs may volunteer for these transfers. This includes not only those whose titles may be affected, but also those who may/will be affected by horizontal reassignment, or vertical displacement through "bumping" or retreat. Individuals in agencies in titles and locations (i.e., counties) identified as affected but who may not be laid off may nonetheless voluntarily place their names on these lists. Agencies should use form S-295.6 (Agency Reduction Transfer Card - blue) to nominate an employee for this program.

Any employee may voluntarily remove his/her name from the ARTL by notifying the Reemployment Section in writing. Employee names are automatically removed as of the date of layoff for their agency. Employee names will also be removed when their agency achieves its required reduction in that title and location, or its overall required savings.

The Certification And Placement Process.

The order of certification of the various reemployment lists will be as follows:

• Redeployment Lists - (Only for employees affected by contracting out.)
• Agency Reduction Transfer Lists*
• Preferred Lists*
• Reemployment Rosters
• Placement Rosters


* However, where there are both ARTLs and preferred lists for the title to be filled, the highest ranked preferred list, title-for-title eligible will block the ARTL eligible if the preferred list eligible has greater seniority.

Rank on the ARTL - Employees certified for a position in their current title, or a lower level direct line title, will be ranked in seniority order (without regard to layoff unit), and must be considered in that order. Employees certified to a comparable title (see below) will be certified randomly, and any of them may be considered.

Comparable Titles for ARTL Transfers - When there are no acceptors in the title-for-title or direct line categories, eligibles on the ARTL for comparable titles will be certified. Comparable titles include those titles identified as appropriate for Reemployment Roster certification, and those preferred list titles other than title-for-title and direct-line. For those titles where there may be limited opportunities, agencies may suggest additional titles to which ARTL eligibles may transfer by contacting their Staffing Services Representative, or Vince Perfetto at (518) 457-9392.

Employee Placement and Transfer Unit

The Department has established a special section to expedite the placement of individuals who have elected to participate in the ARTL program. The staff of this unit will contact the OHRM/Personnel offices to verify which positions are available to be filled and will have the appropriate lists sent to each agency.

Canvass Letters and Confirmation of Declination Letters

Master copies of the canvass letter and the confirmation of declination letter that must be used with ARTLs are attached to this Bulletin (only for Personnel Offices). Agencies should reproduce the latter with their own letterhead. Additional copies will be sent with the initial certifications. Call Employment Records at (518) 457-3780 if you need more.

Effect of Appointments and Declinations - Employees receiving a permanent or contingent permanent appointment at any location are inactivated for all titles at that salary grade and below for all locations. If the appointment is to a title below their current salary grade, they remain active for any titles at a higher level. [This has been changed by Policy Bulletin 96-06, which see]

Employees who decline permanent/contingent permanent appointments at any location, are inactivated only for that title in that agency at that location.

Probationary Periods

Employees who are not presently on probation and are transferring to a position in their current title will not serve a probationary period, and therefore do not need to be given a leave of absence. Probationers transferring to a position in their current title will be required to complete only the remainder of their probationary period and must be given a leave of absence.

Employees transferring to a lower level direct line title or a comparable title will be required to serve a probationary period in accordance with Rule 4.5 and must be given a leave of absence (probation may not be waived pursuant to subsection 4 (i) of that rule in order to ensure that employees get their layoff rights).

Employees will have their names placed on reemployment lists when their hold items are subsequently abolished. Their hold items must be abolished and may not be refilled. Agencies must complete form S-295.5, (Preferred List/Reemployment Roster Eligible Card - green) for these employees.

Transaction Codes

Appointments - the Group I code TR LIST must be used by agencies to report an appointment from an agency reduction transfer list. (ARTL)

Separations - the Group II code RESIGN INT must be used for those employees who receive a §78 transfer and do not have to serve a probationary period. PROB LV should be used for probationers until such time as the position is abolished or they are displaced from their hold item. At that time, one of the codes described below must be used:

LAYOFF - Separation of the employee from his/her hold item pursuant to §80 or §80-a.

LAYOFF DIR - Layoff of the employee from his/hold item due to "bumping" by a higher level employee in the direct promotion line.

LAYOFF RET - Layoff of the employee from his/her hold item due to the retreat of a higher level employee.

Please call Gerry Grasso at (518) 457-3780 with questions.

Attachments, for agency Personnel/OHRM offices, one master copy of each:

• Agency Reduction Transfer List Canvass Letter, 5/96
• Confirmation of Declination Letter - Agency Reduction Transfer Lists, 5/96

Text of Section 78, effective March 28, 1996

§78. Transfer of personnel upon the abolition of positions in state civil service. 1. Where necessitated by reasons of economy, efficiency, consolidation or abolition of functions, curtailment of activities or otherwise, employees may be transferred, without further examination, from one agency or department of the state to positions in the same title or any comparable title, as determined by the department, in another department or agency of the state. Where more than one employee in the title and location from which transfer is to be made is eligible and willing to accept transfer, the department shall place the names of those employees upon a transfer list, and certify such list for filling vacancies, as hereinafter provided, first, in the same position; second, in any position in a lower grade in line of promotion; and third, in any comparable position. Such transfer list may be certified for filling a vacancy in any such position before certification is made from any other eligible list, placement roster, reemployment or preferred list, except as provided in subdivision four of this section.

2. Order of certification of names from transfer list. a. The names of persons on a transfer list established to fill vacancies in the same position or a position in a lower grade in line of promotion shall be certified therefrom in the order of their original appointments, in accordance with the provisions of subdivision three of section eighty, subdivision three of section eighty-a and subdivision seven of section eighty-five of this chapter. b. The names of persons on a transfer list established to fill vacancies in a comparable position shall be certified therefrom with equal ranking for appointment.

3. Probation. a. Upon appointment to a position in the same title, a probationer shall be required to complete his or her probationary term. b. Completion of a probationary term, to the extent provided for in the rules promulgated by the commission pursuant to subdivision two of section sixty-three of this chapter, shall be required for all appointments to a position in a comparable title.

4. Relative seniority. Where a preferred list exists containing the names of persons who have been suspended or demoted from a position in the same title to which an appointment is to be made, the relative seniority, determined in accordance with the provisions of subdivision three of section eighty, subdivision three of section eighty-a and subdivision seven of section eighty-five of this chapter, of the person certified first on such preferred list willing to accept appointment and the person certified first on the transfer list willing to accept appointment shall be compared and the person with the greater seniority shall be certified first.

5. Termination of eligibility. Eligibility for appointment from a transfer list shall terminate on the date of the suspension, demotion or relocation. Notwithstanding any other provision of this chapter, any employee may voluntarily remove his or her name from a transfer list by application to the department.

6. Rulemaking authority. The president shall adopt rules for carrying into effect the provisions of this section, including rules for the relinquishment of eligibility.

7. The authority of the department to establish transfer lists under the provisions of this section shall terminate on March thirty-first, nineteen hundred ninety-seven, provided, however, that any transfer list established by the department on or before such date shall be continued to the date of suspension, demotion or relocation.

§2. Notwithstanding any other provision of law, the eligibility for preferred list reinstatement in the state civil service of a person whose name appears on any preferred list on or after March 3, 1996 pursuant to the civil service law shall continue for a period of not longer than five years from the date of separation or demotion. For preferred lists established on or after April 1, 1997, the eligibility for preferred list reinstatement of a person encompassed by this act shall be the same as it would have been had this act not been enacted.

§3. This act shall take effect immediately.

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