Section 70. Transfers

1. General   provisions.   Except   as   provided  in
  subdivisions  four  and  six  of  this  section  no  employee  shall  be
  transferred to a position for which there is required by this chapter or
  the rules established hereunder an examination involving essential tests
  or  qualifications  different from or higher than those required for the
  position held by such employee. The state and municipal commissions  may
  adopt  rules  governing  transfers between positions in their respective
  jurisdictions and may also adopt  reciprocal  rules  providing  for  the
  transfer  of employees from one governmental jurisdiction to another. No
  employee shall be transferred without  his  or  her  consent  except  as
  provided  in  subdivision  six  of this section or  upon the transfer of
  functions as provided in subdivision two of this section.
    2. Transfer of personnel upon transfer of functions. Upon the transfer
  of a function (a) from one department or agency of the state to  another
  department  or agency of the state, or (b) from one department or agency
  of a civil division of the state to another department or agency of such
  civil division, or (c) from one civil division of the state  to  another
  civil  division  of the state, or (d) from a civil division of the state
  to the state, or vice versa, provision shall be made for the transfer of
  necessary officers and employees who are substantially  engaged  in  the
  performance  of  the  function to be transferred. As soon as practicable
  after the adoption of a law, rule, order or other action directing  such
  a  transfer  of  function,  but  not  less than twenty days prior to the
  effective date of such transfer, the head of the  department  or  agency
  from  which such function is to be transferred shall certify to the head
  of the department or agency to which such function is to be  transferred
  a  list of the names and titles of those employees substantially engaged
  in the performance of the function to be transferred,  and  shall  cause
  copies of such certified list to be publicly and conspicuously posted in
  the  offices  of the department or agency from which such function is to
  be transferred, along with copies of this subdivision.  Any employee  of
  the  department  or agency from which such function is to be transferred
  may, prior to the effective date of such transfer, protest  his  or  her
  inclusion  in  or  exclusion  from  such  list  by giving notice of such
  protest in writing addressed to the heads of the respective  departments
  or agencies from which and to which transfer is to be made, which notice
  shall  state  the reasons for the protest. The head of the department or
  agency to which such function is to  be  transferred  shall  review  the
  protest and after consultation with the head of the department or agency
  from  which  such  function  is  to  be transferred notify the protestor
  within ten days from the receipt of such protest  of  the  determination
  with  respect  to  such  protest.    Such determination shall be a final
  administrative determination.   Failure to make such  protest  shall  be
  deemed  to  constitute consent to inclusion in or exclusion from, as the
  case may be, the certified list of employees engaged in the function  to
  be   transferred.   Officers  and  employees  so  transferred  shall  be
  transferred without further  examination  or  qualification,  and  shall
  retain  their  respective  civil service classifications and status. For
  the purpose of determining the officers and employees holding  permanent
  appointments  in  competitive  class  positions  to be transferred, such
  officers and employees shall be selected within each grade of each class
  of positions in the order of their original appointment, with due regard
  to the right of preference in retention  of  disabled  and  non-disabled
  veterans. Any employee who fails to respond to or accept a written offer
  of  transfer  from the department or agency to which such function is to
  be transferred within ten days after receipt  of  such  offer  shall  be
  deemed  to  have  waived  entitlement to such transfer. All officers and
  employees so transferred shall, thereafter, be subject to the  rules  of

  the  civil  service  commission  having  jurisdiction over the agency to
  which  transfer  is  made.  Officers  and  employees  holding  permanent
  appointments  in  competitive class positions who are not so transferred
  shall  have  their  names entered upon an appropriate preferred list for
  reinstatement to the same or similar positions in  the  service  of  the
  governmental  jurisdiction from which transfer is made and in the office
  or agency to which such function is transferred. Officers and  employees
  transferred   to  another  governmental  jurisdiction  pursuant  to  the
  provisions of this subdivision  shall  be  entitled  to  full  seniority
  credit  for  all purposes for service rendered prior to such transfer in
  the governmental jurisdiction from which transfer is made. Except  where
  such  transferred  officers  and  employees  are entitled, pursuant to a
  special law or a rule adopted pursuant to law, to credit  upon  transfer
  for their unused vacation or annual leave and sick leave, the officer or
  body  having  authority to adopt provisions governing vacation or annual
  leave and sick leave applicable to the department  or  agency  to  which
  transfer is made may, after giving due consideration to the similarities
  and  differences  between  the  provisions  governing vacation or annual
  leave and sick leave in the respective jurisdictions from which  and  to
  which transfer is made, allow employees transferred hereunder credit for
  all  or  part  of  the  unused  vacation  or annual leave and sick leave
  standing to their credit at the time of transfer, as may  be  determined
  equitable,  but  not  in excess of the maximum accumulation permitted in
  the jurisdiction to which transfer is made. Unused  vacation  or  annual
  leave  not credited by the jurisdiction to which transfer is made may be
  compensated for to the extent, if any, such compensation  is  authorized
  by other law.
    4.  Transfer  and  change  of title. Notwithstanding the provisions of
  subdivision one of this section or  any  other  provision  of  law,  any
  permanent  employee  in  the  competitive  class  who  meets  all of the
  requirements for a competitive examination, and is  otherwise  qualified
  as  determined  by  the  state civil service commission or the municipal
  civil service commission, as the case may  be,  shall  be  eligible  for
  participation  in  a non-competitive examination in a different position
  classification, provided, however,  that  such  employee  is  holding  a
  position in a similar grade.
    5.  (a)  Where,  because  of  economy,  consolidation  or abolition of
  functions, curtailment of activities or otherwise, a  police  department
  of  any  county, city, town, village, district, commission, authority or
  public benefit corporation is dissolved or abolished and  the  functions
  of  such  department are assumed by another police agency by contractual
  agreement or payment  or  taxation  therefor,  the  provisions  of  this
  section shall apply.
    (b) For the purposes of this subdivision:
    (1)  The term "police agency" shall mean any agency or department of a
  county, city, town, village, district, commission, authority  or  public
  benefit  corporation  having  responsibility  for enforcing the criminal
  laws of the state.
    (2) The term "police agency"  or  "police  department"  shall  not  be
  construed  to  include the police department of a city of one million or
  more persons, the police department of a housing authority of a city  of
  one  million  or  more  persons,  or  the  police department established
  pursuant to the provisions of section one thousand two hundred  four  of
  the public authorities law.
    6.   Transfer   of   personnel.   Notwithstanding  the  provisions  of
  subdivision one of this section or any other provision of law, any  city
  having  a  population of one million or more may by agreement negotiated
  between such city and  an  employee  organization  pursuant  to  article

  fourteen  of  this  chapter  provide  for  the  involuntary  transfer of
  employees between city agencies. For purposes of this  subdivision,  the
  term  "city agency" shall include any school district, public authority,
  commission  or  other instrumentality of government on whose behalf such
  city is authorized to negotiate collective bargaining agreements.