Section 34. Transfer of employees  


Latest version.
  • Upon  the  transfer  of  the medical
      assistance program audit and fraud and abuse prevention  functions  from
      the  department and the offices of mental health, mental retardation and
      developmental disabilities, alcoholism  and  substance  abuse  services,
      temporary disability assistance, and children and family services to the
      office  within  the  department  pursuant  to section thirty-one of this
      title, 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, and any documents and records necessary  and
      related  to the transfer of such functions. The heads of the departments
      or agencies from which such  function  is  to  be  transferred  and  the
      inspector  shall  confer to determine the officers and employees who are
      substantially engaged in the medical assistance program audit and  fraud
      and  abuse  prevention  function  to  be transferred. In accordance with
      subdivision two of section seventy of the civil  service  law,  officers
      and  employees  so  transferred  shall  be  transferred  without further
      examination or qualification to the same or  similar  titles  and  shall
      remain  in  the  same  collective bargaining unit and shall retain their
      respective civil service classification, status and rights  pursuant  to
      their  collective  bargaining  unit and collective bargaining agreement.
      Notwithstanding the office's regional operations, all  office  employees
      shall  be  co-located, to the greatest extent practicable. The inspector
      shall   have   sole   responsibility   for   establishing   methods   of
      administration for the office.