<Your State Senator and Assemblyperson>

State Capitol

Albany, N.Y. 12247

Dear Senator or Assemblyperson,

I am a PEF member who has worked in (name of your agency) for ____ years. I am writing in support of S2365/A4384 and S2536-A/A4871-A, which have introduced by Senator Leibell and Assemblyman Vitaliano. Both bills are essential to ensure that state employees are promoted and treated in accordance with the merit and fitness clause of the New York State Constitution.

S2365/A4384 would require state agencies to make reassignments of state employees by seniority, when they plan to reassign an employee to a county that is not next to the county in which the employee currently works. This is currently the Department of Civil Service’s policy but they do not require state agencies to comply with it. This allows state agencies to target individual employees for reassignment. In most state agencies this means they can “reassign” an employee from the agency’s office in New York City to the agency’s office in Albany or Buffalo. I understand that sometimes an agency’s programmatic needs may require them to reassign employees, but such reassignments should be based on seniority. This will prevent agencies from using their “reassignment” power to threaten, intimidate, or punish employees who put state taxpayers’ interests before an agency’s interests.

S2536-A/A4871-A would prohibit state agencies from transferring an employee to a position for which a valid eligible list, preferred list, or reemployment roster exists. Civil Service Law has been interpreted by the courts to allow state employees to be promoted to a position that is two salary grades higher than their current position. Until the 1970’s the Department of Civil Service did not allow such transfers when an eligible list, preferred list or reemployment roster existed for a position. In order to give management more “flexibility” the Department of Civil Service began to allow such transfers even when such lists exist. This means an agency can transfer an employee to a position even if they failed the civil service examination for this position. This clearly undermines the merit and fitness system and the laws that require state agencies to give preference to laid off employees and/or appoint one of the top three candidates on an eligible list. This situation creates the impression that all promotions are based on an employee's connections and friends rather than their knowledge, skills, and abilities. If New York is to have a real merit system based on Teddy Roosevelt’s principles, than employees who pass a civil service examination or who have been laid off from their positions should be appointed to open positions in state service before employees who are not eligible for appointment from a eligible list, preferred list or reemployment roster.

I urge you to ask Senator Leibell and Assemblyman Vitaliano to put S2365/A4384 and S2536-A/A4871-A on their committee agendas before this legislative session ends, so they can be voted out of committee and passed by the full Assembly and Senate. Thank you for consideration and support of the merit system for state employees.

Sincerely,