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Governor Paterson announces comprehensive response to Inspector General?s report on the manipulation of the civil service system

Governor Paterson announces comprehensive response to Inspector General?s report on the manipulation of the civil service system
Source: Executive Chamber Press Office

Governor David A. Paterson announced a comprehensive State response to address serious violations of the public trust in the civil service system that were outlined in a report released on March 24, 2009 by Inspector General (IG) Joseph Fisch. [**The full text of the Inspector General's report is posted on the Internet at the site indicated below.]

The report detailed how the civil service testing process was abused and manipulated in regard to attorney positions at the Department of Taxation and Finance (DTF) during the years 2005 and 2006. The report also detailed how former DTF Commissioner Barbara Billet secured a post-retirement position with the Department through which she was able to ?telecommute? from South Carolina in violation of DTF policy. The Governor's Press Office indicated that such telecommuting "was concealed via use of an email alias."

Governor Paterson said: ?My administration will undertake a multi-pronged approach to ensure full adherence to merit and fitness criteria, and to make sure that the Civil Service system continues to function as an effective means of selecting the very best workforce for the State of New York.?

The approach described in the Governor's press release will include the following components:

Legislative action to provide for greater sanctions against misconduct ? Governor Paterson will introduce legislation that specifically prohibits certain conduct under the Civil Service Law. In particular, the Governor said that he will seek legislation that will expand the list of misconduct that can subject an individual to misdemeanor sanctions to include manipulations of the types detailed in the IG?s report.

Personnel Actions ? The IG report contains evidence of misconduct by a number of individuals, some of whom are currently in State service. Governor Paterson has directed DTF and the Department of Civil Service (DCS) to take all appropriate actions regarding such personnel, including initiating disciplinary actions were warranted, subject to the full due process rights of the employees involved.

Creation of Task Force ? The Governor said the IG?s findings raise numerous policy and factual questions, which must still be addressed and that he will appoint a task force to look at such broader questions and to propose any changes in the current testing procedures and policies that may be warranted. Specific issues that will be addressed by the task force include:

1. Did other State Departments and agencies engage in similar practices?

2. Were the tests or controls in place susceptible to the actions described in the report?

3. Are there alternative policies that could be put into place that would prevent a recurrence, or that otherwise would be preferable to current methods for testing merit and fitness?

Additionally, the task force will look specifically at the testing for attorney titles and other related areas. The Governor?s statement indicates that the views of interested parties, including State departments and agencies, employee organizations, professional associations, the legislature and local governments, will be solicited.

The task force is to issue a public report, with its findings and recommendations, in six months.

The tests discussed in the IG?s report were ?Education and Experience? (E&E) tests that sought to match the list of abilities required to perform a position provided by an employer with the prior education and experience of a candidate for the position. According to the IG?s report, Department of Taxation and Finance employees crafted the requirements of a position to ensure that particular candidates could be hired, rather than looking to the precise needs of the agency. Such actions undermine the integrity of the selection process, and prevent all New Yorkers from competing for positions on the same terms.

The Civil Service Law of 1909, as amended, was recodified in 1958. Perhaps the Civil Service Law of 1958, as amended, is ripe for recodification in anticipation of the next fifty years of public employment in this State.

** The full text of the Inspector General?s report is posted on the Internet at:
http://www.ig.state.ny.us/pdfs/Report%20on%20the%20Abuse%20of%20the%20Civil%20Service%20System%20by%20the%20Department%20of%20Taxation%20and%20Finance.pdf

Full post as published by New York Public Personnel Law on March 25, 2009 (boomark / email).