DCAS VIOLATES CVS LAW 65 & THE LONG BEACH DECISION
DCAS Circumventing Civil Servant "LAW" 65 and robbing the public out of money and a job!!
DCAS the leading agency in charge of the 5 year provisional reduction plan now in its 12th year & 3rd extension, has been hypocritically, subjectively & selectively; circumventing Civil Servant "LAW" 65 & the Long Beach Decision for years now. This page will outline all the job titles that DCAS has NOT replaced their own provisionals, despite their being active and established lists out. I have begun to publish it in great detail for the paying public and so those that are on the list will know the truth, on how they are getting robbed of money and a job!
What DCAS stated below in a recent EMT chief article earlier this year is counterfactual.
DCAS circumventing the "LAW" in the following titles
DCAS has to report yearly- 22A mandated quarterly provisional reports for each NYC agency & each civil servant title: These 22A mandated quarterly provisional reports are due on 2-28, 5-31, 8-31, & 11-30 of each year.
Although they are not accurate here are some important emails one can use to obtain tangible proof from DCAS.
certificationunit@dcas.nyc.gov
testingaccommodations@dcas.nyc.gov
scoringandappealsunit@dcas.nyc.gov
As Per DCAS 5-31-19 22A mandated quarterly provisional report & DCAS FOIL responses.
Machinist title code # 92610
OC [Open Competitive] Exam 4027
Active established list
from 9-2-15 to 9-2-19 [EXPIRED]
DCAS NEVER replaced their 1 provisional machinist. 4 years after establishing the list -DCAS NEVER replaced their provisional machinist. In in violation of Civil Servant "LAW" the Long Beach Decision.
Carpenter title code 92005
OC [Open Competitive] Exam 4024
Active established list
From 9-23-15 to 9-23-19 LIST EXPIRED
DCAS again NEVER replaced their 2 to 3 provisional carpenter's despite stating in the June 28, 2019 chief that they will be replacing 1 provisional - when they have 3 provisionals. 2 carpenter's are serving temporary as per DCAS FOIL response under 5.4.2(a)- however they have surpassed the 1 year time frame one can serve temporarily, they have served more than 10 years temporary- compounded by the fact that DCAS has not included them in their 22A mandated quarterly provisional report. DCAS states they have none. 4 years later from establishing the list the provisional carpenter's NEVER were replaced at DCAS. Again violating Civil Servant "LAW".
Electrician title code 91717
OC [Open Competitive] Exam 5023
Active established list
From 7-6-16 to 7-6-20
DCAS has still NOT replaced their 3 provisional electricians despite stating in a city and state article in November 2016 that they were going to. 3 Years later and counting- the 3 provisional electricians have NOT been replaced at DCAS.
High Pressure Plant Tender title code 91650
OC [Open Competitive] Exam 6016
Active established list
From 12-21-16 to 12-21-20
DCAS has still NOT replaced their 24 provisional High pressure plant tenders. 2 years 8 months later- 25 provisional have NOT been replaced at DCAS.
Administrative Manager title code 10025
Promotional Exam 5516
As per DCAS FOIL response on 5-4-18
The list has been exhausted
Now they are using
Administrative Manager title code 10025
OC [Open Competitive] Exam 5010
Active established list
From 9-28-16 to 9-28-20
DCAS still has 2 provisional administrative managers- one is serving according to DCAS under the sister title 1002C. Both are not even listed in their 22A mandated quarterly provisional report. On top of the fact that both were made provisional at DCAS while an active established list was out. Instead of replacing provisionals they made provisionals. 3 years later DCAS has NOT replaced their 2 provisional managers.
Senior Stationary Engineer title code 91638
OC [Open Competitive] Exam 6037
Active established list
From 11-1-17 to 11-1-21
DCAS has still NOT replaced their 7 provisional Senior Stationary Engineers. 1 year 8 months later from establishing the list.
Stationary Engineer title code 91644
OC [Open Competitive] Exam 7026
Active established list
From 4-18-18 to 4-18-22
DCAS has still NOT replaced their 3 provisional Stationary Engineer's - 1 year 4 months later from establishing the list.
Elevator Mechanic title code 90710
OC [Open Competitive] Exam 7013
Active established list
From 5-23-18 to 5-23-22
DCAS has still NOT replaced their 3 provisional Elevator Mechanics. 1 year 2 months later from establishing the list.
Cement Mason title code 92210
OC [Open Competitive] Exam 8027
Active established list
From 9-9-18 to 9-9-22
DCAS has still NOT replaced their 1 provisional Cement mason despite publishing months ago in the chief that their calling off the list. Almost 11 months later DCAS has not replaced their 1 provisional cement mason.
Steam fitter title code 91925
OC [Open Competitive] Exam 7032
Active established list
From 12-19-18 to 12-19-22
DCAS has still NOT replaced their 1 provisional steam fitter 8 months later from establishing the civil servant list.
Civil servant LAW 65 explicitly states
"Termination of provisional appointments. A provisional appointment to any position shall be terminated within two months following the establishment of an appropriate eligible list for filling vacancies in such positions."
Despite the Civil Servant "LAW" DCAS has exceeded this 2 months limit to replace provisionals and in some cases it has gone on for years without replacing their own.
DESPITE OTHER AGENCIES STILL CALLING OFF OF THE LISTS TILL THIS DAY- DCAS STILL HAS NOT REPLACED THEIR OWN PROVISIONAL EMPLOYEES.
DON'T BE- EXPLOITED or VOIDED!
The City Civil Service Commission "CVC" is an independent agency authorized by section 813 of the NYC Charter, to hear and decide appeals from determinations made by other City Agencies under the New York State Civil Service "LAW".
New York City Civil Service "LAW" is supposed to be overseen by the following entities [1] New York State Civil Service Commission, [2] the EEPC (Equal Employment Practices Commission) formed under amendments to the City Charter in 1989, which is responsible for auditing and monitoring 141 City Agencies every 4 years to confirm compliance with Federal, State, and Local Equal Employment Opportunity "LAWS." The problem is that this decades old independent Commission charged with ensuring hiring equity in City government has been working without a chairperson since 2015- a long lapse in appointment, that is the responsibility of the Mayor & Council Speaker. [3] The New York City Council Civil Service & Labor committee which has jurisdiction over New York City's municipal officers & employees including municipal pension & retirement systems, as well as the Office of Collective Bargaining, the Office of Labor Relations & the Office of Labor services- this committee presently consists of the following NYC councilmen- Daneek Miller (chair), Andy King, Francisco Moya, Daniel Dromme, Adrienne E. Adams, Eric A. Ulrich, & Farah Louis. [4] DOI (Department of investigation)
DOI which is supposed to identify systemic corruption vulnerabilities and recommends improvements to reduce the City’s exposure to corruption, fraud, waste and abuse, and improve the function of City agencies.
DOI’s strategy attacks corruption comprehensively through systemic investigations that lead to arrests, and recommendations that result in reforms and preventive controls that improve the way the City operates and delivers services to all New Yorkers. [5] The NYC Conflicts of Interest Board (COIB) is charged with interpreting and enforcing the conflicts of interest code for New York City's public servants, contained in Chapter 68 of the City Charter, which is the comprehensive ethics code for all of New York City’s public servants. Enacted to preserve both the perception and reality of integrity in City government, Chapter 68 contains bright-line standards to govern conflicts between the public duties and private interests of its public servants. It covers such topics as gifts, outside employment, volunteering, political activities, and misuse of position. [6] The NYC Mayor's office, which also seeks time to Albany for extensions in order for DCAS to comply with the 5 year provisional reduction plan.
*Google it*
De Blasio to seek more time to comply with law limiting use of temporary public workers | CSNY
Despite Civil Servant "LAW" & the Long Beach Decision in its pinnacle for compliance, DCAS has epically failed itself to comply with the "LAW", compounded by few to *NONE* have overseen DCAS in its compliance. Most if not ALL of the 6 aforementioned entities and individuals-including DCAS- have been tangibly notified on DCAS illegal improprieties and have done little to nothing to take corrective actions.
These knowingly, neglectful, illegal, employment practices being perpetrated by DCAS, will eventually and inevitability lead to a major class action lawsuit against the city and all those that knew, did nothing, and were supposed to.
The million dollar conundrums are:
1- If DCAS the leading agency in charge of the 5 year provisional reduction plan as per the long beach decision is violating the law- What other agencies are doing the same thing?
2- How many people are getting robbed of a job after they legitimately filed, paid, passed their respected exam and are on an active established list?
3- Why are the entities that are supposed to being overseeing the Civil Servant "LAW" due process; NOT overseeing its compliance? Civil Servant LAW is an objective "LAW" & is not to be applied subjectively or selectively but rather equally and universally in All and by All NYC Agencies.
[4] Is the Civil Servant exam process really to remove provisionals, or is it really to generate money for NYC coffers?
[5] Why does DCAS delay the hiring process of filling provisional positions when their are active lists out with civil servants?
[6] Were does the Civil servant exam revenue go?
[7] Why is DCAS allowed to be in charge in the first place? If according to DCAS it is up to the agency to comply with the "LAW."
[8] Why aren't the agencies in charge of overseeing DCAS doing anything to address this?
[9] How many more extensions is DCAS going to need to comply with the "LAW"?
Stay tuned- this page being updated daily and almost completed- more info & pictures will be added.