The Department of Civil Service’s Policy Bulletin #13-01 states that §78 of the Civil Service Law permits the transfer of employees, without examination, "from one department or agency to another department or agency of the State where necessitated by reasons of economy, efficiency, consolidation or abolition of functions, curtailment of activities or otherwise." The Policy Bulletin also notes that the Agency Reduction Transfer Program is a “discretionary tool” to be used to realign the workforce to meet programmatic and/or fiscal needs. Participation is voluntary on the part of eligible employees.
Those eligible for the ARTL program include:
1. Permanent and contingent permanent competitive class employees and eligible permanent non-competitive class and labor class employees whose positions may be impacted as a result of an action taken by reason of economy, efficiency, consolidation, or abolition of functions, curtailment of activities or otherwise.
2. Permanent and contingent permanent competitive class employees and eligible permanent non-competitive and labor class employees whose positions are relocated to a different county, and decline reassignment.
Policy Bulletin #13-01 notes that an agency may, at its discretion, extend ARTL eligibility to other employees in the titles. However, whatever method an agency chooses to determine eligibility must be objective and consistent across titles, and based upon operational needs. The Civil Service Department may extend eligibility to permanent, non-tenured, non-competitive and labor class employees.
Among those ineligible for the ARTL Program are:
1. Exempt class employees
2. Non-competitive class employees serving in policy-influencing or confidential positions
3. Provisional employees
4. Temporary employees
5. Employees who decline reassignment within the same county
6. Employees impacted by the return of incumbent in accordance with §§4.11 and 4.12 of the Classified Service. (4 NYCRR section 4.11 and 4.12)
The Civil Service Department has posted the text of Policy Bulletin #13-01 on the Internet at: