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Legislative Advocacy

Posted on: May 15, 2020

Senate OKs Civil Service Transfers During States of Emergency Bill

Yesterday the Senate unanimously approved S-2477, which would permit State and local government employees in civil service to be transferred under certain circumstances. The legislation, which the League supports, awaits consideration by the Assembly.

S-2477 would permit a Civil Service classified or unclassified employee to be transferred or reassigned by the appointing authority to another job assignment that is within or outside of the employee’s job title and that is within the employee’s organizational unit or department or that is in another organizational unit or department during the period of a state of emergency or public health emergency declared by the Governor.

If the appointing authority decides to transfer or reassign an employee, the appointing authority may order the transfer or reassignment only when the workforce needs of the organizational unit or department within which or to which the employee is transferred or reassigned have been adversely impacted by the events that caused the state of emergency or public health emergency to be declared by the Governor. The transfer or reassignment has to be for the sole purpose of responding to, mitigating, or recovering from the adverse impact, including but not limited to the processing of applications for benefits from members of the public, who have been adversely impacted. The transfer or reassignment shall be for a temporary period of no more than 30 consecutive or intermittent days but must commence within the period of the state of emergency.  However, the transfer or reassignment may extend beyond the termination of the state of emergency.

The bill would further require that the seniority rights, the accumulated leave balances, salary steps, promotional rights, and other substantive rights, within the job title, job classification, and job assignment from which the employee was transferred or reassignment will not be adversely affected by the transfer or reassignment. The employee must accrue seniority rights for the job title, job classification, and for the job assignment from which the employee was transferred or reassigned for the period of the transfer or reassignment. 

S-2477 would not require the consent of the employee for the transfer or reassignment to occur but would not apply to an employee holding a public safety title and job assignment.

Contact: Lori Buckelew, Senior Legislative Analyst,, 609-695-3481 x112.

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