Section 3604. Transfer of officers and employees; civil service  


Latest version.
  • 1. (a) On
      the effective date of the transfer of the facilities and  operations  of
      the Clifton-Fine Hospital pursuant to an agreement between the towns and
      the  corporation  as  authorized  in  this title, officers and employees
      employed in the hospital by the town shall become officers and employees
      of the corporation with equivalent  offices,  positions  and  employment
      therewith  and  shall  be deemed public officers or public employees for
      all purposes.
        (b) In accordance with the provisions of section seventy of the  civil
      service  law,  for  a  period  not  to extend beyond six months from the
      effective date of the transfer of the facilities and operations  of  the
      Clifton-Fine Hospital pursuant to an agreement between the towns and the
      corporation  as  authorized in this title, any other officer or employee
      of the towns may, at the request of the corporation and with the consent
      of the appropriate town supervisor  and  the  officer  or  employee,  be
      transferred  to  the corporation and shall be eligible for such transfer
      and appointment, without further  examination,  to  applicable  offices,
      positions and employment under the corporation.
        (c)  Any  person  who,  at  the  time  he or she becomes an officer or
      employee of the Clifton-Fine Hospital pursuant to paragraph (a)  or  (b)
      of this subdivision, has a temporary or provisional appointment shall be
      transferred  subject  to  the  same  right  of  removal,  examination or
      termination as though such transfer had not  been  made  except  to  the
      extent such rights are modified by a collective bargaining agreement.
        (d)  There  shall  be  no  layoffs of any officers or employees of the
      Clifton-Fine Hospital which are a direct consequence of the enactment of
      this title. There shall be a presumption that any layoffs occurring more
      than twenty-four months after the effective transfer date  described  in
      this subdivision shall be deemed not to be such a direct consequence.
        (e)  Nothing  contained  in this section shall be construed to prevent
      the elimination  of  any  service  at  any  time  as  a  result  of  the
      elimination of state or federal assistance, the elimination of available
      revenue  reimbursement,  loss  of certification or licensure, or loss of
      financial viability.
        2. The salary or compensation of any such officer or  employee,  after
      such  transfer, shall be paid by the corporation. The corporation shall,
      upon transfer, acknowledge and give credit for all leave  balances  held
      by such officers and employees on the date of transfer.
        3.  The corporation shall be subject to the civil service law. For the
      purposes of such law, any  titles,  upon  the  effective  transfer  date
      described  in subdivision one of this section, in the exempt class shall
      remain exempt.