Section 45. Status of employees upon acquisition of private institution or enterprise by government


Latest version.
  • 1. Whenever the state or any civil division or  public agency shall acquire a private institution or enterprise, for the
      purpose of operating it as a public function, such  civil  division,  or
      public  agency,  as  the case may be, may continue the employment of all
      officers or employees thereof deemed necessary, who shall have  been  in
      the  employ  of  such private institution or enterprise for at least one
      year prior to such acquisition. The positions so held by such  employees
      shall  be  in  the  non-competitive class, pending the classification or
      reclassification of such positions as  hereinafter  directed,  and  such
      employees  shall  continue  to  be  employed in similar or corresponding
      positions and shall have the seniority theretofore held by them as among
      themselves. The state civil service department or  municipal  commission
      having  jurisdiction, however, after notice to any such employee, of the
      reasons therefor, and after  according  such  employee  a  hearing,  may
      exclude  him  from  further  employment  if  found by such department or
      municipal  commission  not  to  be   a   person   of   good   character.
      Notwithstanding  the  provisions  of  this  section,  no person shall be
      continued in employment in a  position  classified  in  the  competitive
      class  pursuant  to  the  provisions  of this subdivision unless he is a
      citizen or an alien lawfully admitted for  permanent  residence  in  the
      United States.
        2.  Not  later  than  one  year  after the acquisition of such private
      institution  or  enterprise,  the  state  or  municipal  civil   service
      commission  having  jurisdiction  shall determine for which positions or
      class of positions competitive examinations are  practicable  and  shall
      adopt  rules  classifying  and  reclassifying the various positions. The
      then incumbents of such positions who are employed therein at  the  time
      of the acquisition of the private institution or enterprise and who were
      so  employed  for  at  least  one  year  prior to such acquisition shall
      continue to hold their positions without further examination  and  shall
      have  all the rights and privileges of the jurisdictional class to which
      such positions may be  allocated;  provided,  however  that  after  such
      acquisition all new positions thereafter created and vacancies occurring
      in  positions already established shall be filled in accordance with the
      provisions of this chapter and the rules adopted thereunder.