Public Employee Press

Union presses for new state legislation to protect
provisionals and increase permanent civil servants

As PEP went to press, DC 37, the city and the governor’s counsel were in agreement on amended legislation that would establish a five-year plan to cut the number of provisionals on the city payroll to 5 percent of the competitive work force.

To become law, the amended legislation would still need the approval of the Legislature and Gov. Eliot Spitzer.

“DC 37 and the city are on the same side on this issue: to make provisional employees permanent civil servants,” said DC 37 Executive Director Lillian Roberts. “The new bill presents an opportunity to begin offering more civil service exams, move eligible lists and appoint more permanent civil servants,” she said.

In May the state’s highest court upheld the termination of 12 provisional employees of Long Beach, N.Y., rejected contractual tenure protections for provisionals, and directed municipalities to enforce the nine-month limit of the state Civil Service Law.

The revised bill was hammered out in discussions over the summer between the union, the governor’s office and the city’s Dept. of Citywide Administrative Services and its Law Dept.

The bill addresses multiple concerns, including the city’s need to comply with the nine-month limit on employing provisionals and the union’s goal of preserving due process rights for long-term provisionals.

DC 37 Research and Negotiations Director Dennis Sullivan, Associate Director Evelyn Seinfeld, Associate General Counsel Mary O’Connell and Political Director Wanda Williams were involved in crafting the revised measure.

For years the city has not scheduled enough civil service exams and movement of eligible lists lagged. A large provisional work force resulted, explained Seinfeld.

At press time, the governor’s office was indicating that he approves the plan; once he signs the amendment, more details will be published, she said.

“DC 37, through its Education Fund, will take every step to make sure our members who are provisionals are prepared to pass the exams and move up the career ladder as civil servants,” Roberts said.