Transfer of officers and employees; civil service

§ 3604. Transfer of officers and employees; civil service. 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.