§ 3604. Transfer of officers and employees; civil service. 1. (a) On\nthe effective date of the transfer of the facilities and operations of\nthe Clifton-Fine Hospital pursuant to an agreement between the towns and\nthe corporation as authorized in this title, officers and employees\nemployed in the hospital by the town shall become officers and employees\nof the corporation with equivalent offices, positions and employment\ntherewith and shall be deemed public officers or public employees for\nall purposes.\n (b) In accordance with the provisions of section seventy of the civil\nservice law, for a period not to extend beyond six months from the\neffective date of the transfer of the facilities and operations of the\nClifton-Fine Hospital pursuant to an agreement between the towns and the\ncorporation as authorized in this title, any other officer or employee\nof the towns may, at the request of the corporation and with the consent\nof the appropriate town supervisor and the officer or employee, be\ntransferred to the corporation and shall be eligible for such transfer\nand appointment, without further examination, to applicable offices,\npositions and employment under the corporation.\n (c) Any person who, at the time he or she becomes an officer or\nemployee of the Clifton-Fine Hospital pursuant to paragraph (a) or (b)\nof this subdivision, has a temporary or provisional appointment shall be\ntransferred subject to the same right of removal, examination or\ntermination as though such transfer had not been made except to the\nextent such rights are modified by a collective bargaining agreement.\n (d) There shall be no layoffs of any officers or employees of the\nClifton-Fine Hospital which are a direct consequence of the enactment of\nthis title. There shall be a presumption that any layoffs occurring more\nthan twenty-four months after the effective transfer date described in\nthis subdivision shall be deemed not to be such a direct consequence.\n (e) Nothing contained in this section shall be construed to prevent\nthe elimination of any service at any time as a result of the\nelimination of state or federal assistance, the elimination of available\nrevenue reimbursement, loss of certification or licensure, or loss of\nfinancial viability.\n 2. The salary or compensation of any such officer or employee, after\nsuch transfer, shall be paid by the corporation. The corporation shall,\nupon transfer, acknowledge and give credit for all leave balances held\nby such officers and employees on the date of transfer.\n 3. The corporation shall be subject to the civil service law. For the\npurposes of such law, any titles, upon the effective transfer date\ndescribed in subdivision one of this section, in the exempt class shall\nremain exempt.\n
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