A 5847: Amends the definition of public employee to include persons holding positions by appointment or employment in the organized militia of the state.

  
  STATE OF NEW YORK ________________________________________________________________________ 5847 2025-2026 Regular Sessions  IN ASSEMBLY February 24, 2025 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to including persons holding positions by appointment or employment in the organized mili- tia of the state as public employees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 7 of section 201 of the civil 2 service law, as amended by chapter 817 of the laws of 1977, is amended 3 to read as follows: 4 (a) The term "public employee" means any person holding a position by 5 appointment or employment in the service of a public employer, except 6 that such term shall not include for the purposes of any provision of 7 this article other than sections two hundred ten and two hundred eleven 8 of this article, judges and justices of the unified court system, 9 [persons holding positions by appointment or employment in the organized 10 militia of the state] and persons who may reasonably be designated from 11 time to time as managerial or confidential upon application of the 12 public employer to the appropriate board in accordance with procedures 13 established pursuant to section two hundred five or two hundred twelve 14 of this article, which procedures shall provide that any such desig- 15 nations made during a period of unchallenged representation pursuant to 16 subdivision two of section two hundred eight of this chapter shall only 17 become effective upon the termination of such period of unchallenged 18 representation. Employees may be designated as managerial only if they 19 are persons (i) who formulate policy or (ii) who may reasonably be 20 required on behalf of the public employer to assist directly in the 21 preparation for and conduct of collective negotiations or to have a 22 major role in the administration of agreements or in personnel adminis- 23 tration provided that such role is not of a routine or clerical nature 24 and requires the exercise of independent judgment. Employees may be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09530-01-5 
 A. 5847 2 1 designated as confidential only if they are persons who assist and act 2 in a confidential capacity to managerial employees described in [clause] 3 subparagraph (ii) of this paragraph. 4 § 2. This act shall take effect immediately.