Governor Paterson Announces Comprehensive Response to IG Report on the Manipulation of the Civil Service System

Press Release

GOVERNOR PATERSON ANNOUNCES COMPREHENSIVE RESPONSE TO IG REPORT ON THE MANIPULATION OF THE CIVIL SERVICE SYSTEM

Actions Include Legislation to Expand Sanctions for Manipulation of Hiring Process and Creation of Task Force to Conduct Comprehensive Review and Propose Reforms

Governor Paterson Directs Department of Taxation and Finance and Department of Civil Service to Take All Appropriate Action Regarding These Personnel

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 today by Inspector General (IG) Joseph Fisch. 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. This was concealed via use of an email alias.

"The principle that public employees should be hired and promoted by merit and fitness is at the bedrock of our civil service system. I am committed to bringing change and reform to government to ensure that this kind of conduct does not occur on my watch, and that any structural problems described by the IG are eliminated. These reforms are imperative if we are to make government more accountable to the taxpayers," said Governor Paterson. "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."

This approach will include the following components:

Legislative Action to provide for greater sanctions against misconduct - Governor Paterson will introduce legislation this week that specifically prohibits certain conduct under the Civil Service Law. In particular, the Governor will expand the list of misconduct which can subject an individual to misdemeanor sanctions to include manipulations detailed in the IG's report. These steps will deter misconduct, and give new tools to the Department of Civil Service so that it has the necessary authority to enforce such mandates.

Personnel Actions - The IG report contains evidence of misconduct by a number of individuals, some of whom remain in State employment. Governor Paterson has directed DTF and the Department of Civil Service (DCS) to take all appropriate actions regarding these personnel, giving due regard to the gravity of the offenses alleged, including disciplinary actions and termination where warranted, subject to the full due process rights of the affected employees.

Creation of Task Force - The IG's findings raise numerous policy and factual questions, which must still be addressed. Governor Paterson 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 questions that will be addressed by the task force include:

# Did similar practices take place at other agencies?
# Were the tests or controls in place susceptible to the actions described in the report?
# 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 depending on the findings of its review. Views of interested parties, including State agencies, unions, professional associations, the legislature and local governments, will also be solicited. The task force will issue a public report, with findings and recommendations, in six months.

Administrative Steps to Protect the Integrity of the Testing Process - Governor Paterson has directed the DCS to require that the creator of a test present a certification stating that it was compiled solely with the needs of the agency in mind. The certification will also be required to show that the test was created without access to information on how any known candidate or candidates might perform on the test before an agency submits the qualifications for a position. Evidence that the certification was false will lead to sanction.

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, DTF 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.

Review of Telecommuting Policies - Governor Paterson is directing each gubernatorial agency to develop a policy on telecommuting for employees not covered by collective bargaining agreements, or to review its existing policies to the extent they already exist. Such policy should set clear standards, address the issue of verification of work, insure that employees are treated comparably, and be consistent with the agency's operational needs.

The IG report discloses that an arrangement by which former DTF Commissioner Barbara Billet telecommuted to her work from South Carolina, while concealing that fact by using an email alias. She was granted this arrangement in contravention to agency policy, while other employees were refused such an option. These facts raise basic questions of fairness; agencies should not be applying different sets of standards to different individuals. Allowing an employee to telecommute may, or may not, be in the operational interests of an agency in particular cases. An agency should not, however, allow one highly placed employee to undertake this practice, while barring others who are similarly situated from doing so.

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