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A02080 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2080
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to amend the civil service law, in relation to promotional exams
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 85-a of the civil service law, as amended by  chap-
     2  ter 376 of the laws of 2013, is amended to read as follows:
     3    § 85-a. Additional credits allowed children and siblings of firefight-
     4  ers,  police  officers,  emergency  medical  technicians  and paramedics
     5  killed in the line of duty. 1. Additional credit authorized.  Additional
     6  credits shall be allowed children and siblings of  firefighters,  police
     7  officers,  emergency  medical  technicians  and paramedics killed in the
     8  line of duty, as "child" and "sibling" in this  section  in  competitive
     9  examinations for original appointment. (a) On all eligible lists result-
    10  ing  from  competitive examinations, the names of eligible persons shall
    11  be entered in the order of their  respective  final  earned  ratings  on
    12  examinations,  with  the  name  of  the eligible person with the highest
    13  final earned ratings at the head of such list, provided,  however,  that
    14  for  the  purpose  of  determining  final  earned  ratings, children and
    15  siblings of firefighters, police officers, emergency medical technicians
    16  and paramedics killed in the line of duty shall be entitled  to  receive
    17  an  additional  ten  points  in  a  competitive examination for original
    18  appointment in the same municipality in  which  his  or  her  parent  or
    19  sibling  has served and an additional five points in a competitive exam-
    20  ination for promotion in the same  municipality  in  which  his  or  her
    21  parent  or  sibling  has  served.  For the purposes of this paragraph, a
    22  police officer or firefighter shall be deemed  to  have  "served"  in  a
    23  municipality  if he or she was employed by, or worked primarily in, that
    24  municipality.
    25    (b) Such additional credit shall be added to the final  earned  rating
    26  of such child or sibling, as the case may be, after he or she has quali-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04214-01-7

        A. 2080                             2
 
     1  fied  in  the  competitive  examination and shall be granted only at the
     2  time of establishment of the resulting eligible list.
     3    2. Application for additional credit; proof of eligibility; establish-
     4  ment of eligible list. Any candidate, believing himself or herself enti-
     5  tled  to  additional  credit in a competitive examination as provided in
     6  this section, may make application for such  additional  credit  at  any
     7  time  between the date of his or her application for examination and the
     8  date of the establishment of the resulting eligible  list.  Such  candi-
     9  dates  shall  be  allowed  a period of not less than two months from the
    10  date of the filing of his or her application for examination in which to
    11  establish by appropriate documentary proof his  or  her  eligibility  to
    12  receive  additional  credit  under  this  section. At any time after two
    13  months have elapsed since the final date for filing applications  for  a
    14  competitive  examination  for  original  appointment  or  promotion, the
    15  eligible list  resulting  from  such  examination  may  be  established,
    16  notwithstanding  the  fact  that  a child or sibling who has applied for
    17  additional credit has failed to establish  his  or  her  eligibility  to
    18  receive  such  additional credit. A candidate who fails to establish, by
    19  appropriate documentary proof, his or her eligibility to  receive  addi-
    20  tional  credit  by  the  time  an eligible list is established shall not
    21  thereafter be granted additional credit on such eligible list.
    22    3. Use of additional credit. (a) Except as otherwise provided in  this
    23  subdivision, no person who has received a permanent original appointment
    24  or  a  permanent  promotion  in the civil service of the state or of any
    25  city or civil division thereof from an eligible list on which he or  she
    26  was  allowed the additional credit granted by this section as a child or
    27  sibling, shall thereafter be entitled to  any  additional  credit  under
    28  this section as a child or sibling.
    29    (b) Where, at the time of establishment of an eligible list, the posi-
    30  tion  of  a  child  or sibling on such list has not been affected by the
    31  addition of credits granted  under  this  section,  the  appointment  or
    32  promotion  of such child or sibling from such eligible list shall not be
    33  deemed to have been made from an eligible list on which he  or  she  was
    34  allowed the additional credit granted by this section.
    35    (c)  If,  at the time of appointment from an eligible list, a child or
    36  sibling is in the same relative standing among the eligible persons  who
    37  are  willing  to accept appointment as if he or she had not been granted
    38  the additional credits as provided by this section, his or her  appoint-
    39  ment  from  such  eligible persons shall not be deemed to have been made
    40  from an eligible list on which he or she  was  allowed  such  additional
    41  credits.
    42    (d) Where a child or sibling has been originally appointed or promoted
    43  from  an  eligible  list  on which he or she was allowed such additional
    44  credit, but such  appointment  or  promotion  is  thereafter  terminated
    45  either  at  the  end  of  the  probationary term or by resignation at or
    46  before the end of the probationary term, he or she shall not  be  deemed
    47  to have been appointed or promoted, as the case may be, from an eligible
    48  list  on which he or she is allowed additional credit, and such appoint-
    49  ment or promotion shall not affect his or her eligibility for additional
    50  credit in other examinations.
    51    4. Withdrawal of application; election to relinquish additional  cred-
    52  it.    An application for additional credit in a competitive examination
    53  under this section may be withdrawn by the applicant at any  time  prior
    54  to  the establishment of the resulting eligible list. At any time during
    55  the term of existence of an eligible list resulting from  a  competitive
    56  examination  in  which  a  child  or sibling has received the additional

        A. 2080                             3
 
     1  credit granted by this section, such child or sibling may  elect,  prior
     2  to  permanent original appointment or permanent promotion, to relinquish
     3  the additional credit theretofore granted to him or her and  accept  the
     4  lower  position on such eligible list to which he or she would otherwise
     5  have been entitled; provided, however, that such election  shall  there-
     6  after  be irrevocable.   Such election shall be in writing and signed by
     7  the child or sibling, and transmitted to the department or the appropri-
     8  ate municipal civil service commission.
     9    5. Roster. The department and each municipal commission  shall  estab-
    10  lish  and  maintain  in  its  office  a  roster  of all such children or
    11  siblings appointed or promoted as a result of additional credits granted
    12  by this section to positions under its jurisdiction. The appointment  or
    13  promotion  of a child or sibling as a result of additional credits shall
    14  be void  if  such  child  or  sibling,  prior  to  such  appointment  or
    15  promotion,  had  been  appointed  or  promoted as a result of additional
    16  credits granted by this section.
    17    § 2. Subdivisions 2, 3, 4, 5 and  6  of  section  85-b  of  the  civil
    18  service  law, as amended by chapter 376 of the laws of 2013, are amended
    19  to read as follows:
    20    2. Additional credit authorized. Additional credits shall  be  allowed
    21  children  and siblings of firefighters and police officers killed in the
    22  line of duty in competitive examinations  for  original  appointment  or
    23  permanent  promotion.  (a)  On all eligible lists resulting from compet-
    24  itive examinations, the names of eligible persons shall  be  entered  in
    25  the order of their respective final earned ratings on examinations, with
    26  the name of the eligible person with the highest final earned ratings at
    27  the head of such list, provided, however, that for the purpose of deter-
    28  mining  final  earned ratings, children and siblings of firefighters and
    29  police officers killed in the line of duty shall be entitled to  receive
    30  an  additional  ten  points  in  a  competitive examination for original
    31  appointment in the same municipality in  which  his  or  her  parent  or
    32  sibling  has served and an additional five points in a competitive exam-
    33  ination for promotion in the same  municipality  in  which  his  or  her
    34  parent or sibling has served.
    35    (b)  Such  additional credit shall be added to the final earned rating
    36  of such child or sibling, as the case may be, after he or she has quali-
    37  fied in the competitive examination and shall be  granted  only  at  the
    38  time of establishment of the resulting eligible list.
    39    3. Application for additional credit; proof of eligibility; establish-
    40  ment of eligible list. Any candidate, believing himself or herself enti-
    41  tled  to  additional  credit in a competitive examination as provided in
    42  this section, may make application for such  additional  credit  at  any
    43  time  between the date of his or her application for examination and the
    44  date of the establishment of the resulting eligible  list.  Such  candi-
    45  dates  shall  be  allowed  a period of not less than two months from the
    46  date of the filing of his or her application for examination in which to
    47  establish by appropriate documentary proof his  or  her  eligibility  to
    48  receive  additional  credit  under  this  section. At any time after two
    49  months have elapsed since the final date for filing applications  for  a
    50  competitive  examination  for  original  appointment  or  promotion, the
    51  eligible list  resulting  from  such  examination  may  be  established,
    52  notwithstanding  the  fact  that  a child or sibling who has applied for
    53  additional credit has failed to establish  his  or  her  eligibility  to
    54  receive  such  additional credit. A candidate who fails to establish, by
    55  appropriate documentary proof, his or her eligibility to  receive  addi-

        A. 2080                             4

     1  tional  credit  by  the  time  an eligible list is established shall not
     2  thereafter be granted additional credit on such eligible list.
     3    4.  Use of additional credit. (a) Except as otherwise provided in this
     4  subdivision, no person who has received a permanent original appointment
     5  or a permanent promotion in the civil service of the  state  or  of  any
     6  city  or civil division thereof from an eligible list on which he or she
     7  was allowed the additional credit granted by this section as a child  or
     8  sibling,  shall  thereafter  be  entitled to any additional credit under
     9  this section as a child or sibling.
    10    (b) Where, at the time of establishment of an eligible list, the posi-
    11  tion of a child or sibling on such list has not  been  affected  by  the
    12  addition  of  credits  granted  under  this  section, the appointment or
    13  promotion of such child or sibling from such eligible list shall not  be
    14  deemed  to  have  been made from an eligible list on which he or she was
    15  allowed the additional credit granted by this section.
    16    (c) If, at the time of appointment from an eligible list, a  child  or
    17  sibling  is in the same relative standing among the eligible persons who
    18  are willing to accept appointment as if he or she had not  been  granted
    19  the  additional credits as provided by this section, his or her appoint-
    20  ment from such eligible persons shall not be deemed to  have  been  made
    21  from  an  eligible  list  on which he or she was allowed such additional
    22  credits.
    23    (d) Where a child or sibling has been originally appointed or promoted
    24  from an eligible list on which he or she  was  allowed  such  additional
    25  credit,  but  such  appointment  or  promotion  is thereafter terminated
    26  either at the end of the probationary  term  or  by  resignation  at  or
    27  before  the  end of the probationary term, he or she shall not be deemed
    28  to have been appointed or promoted, as the case may be, from an eligible
    29  list on which he or she is allowed additional credit, and such  appoint-
    30  ment  shall  not  affect his or her eligibility for additional credit in
    31  other examinations.
    32    5. Withdrawal of application; election to relinquish additional  cred-
    33  it.    An application for additional credit in a competitive examination
    34  under this section may be withdrawn by the applicant at any  time  prior
    35  to  the establishment of the resulting eligible list. At any time during
    36  the term of existence of an eligible list resulting from  a  competitive
    37  examination  in  which  a  child  or sibling has received the additional
    38  credit granted by this section, such child or sibling may  elect,  prior
    39  to  permanent original appointment or permanent promotion, to relinquish
    40  the additional credit theretofore granted to him or her and  accept  the
    41  lower  position on such eligible list to which he or she would otherwise
    42  have been entitled; provided, however, that such election  shall  there-
    43  after  be irrevocable.   Such election shall be in writing and signed by
    44  the child or sibling, and transmitted to the department or the appropri-
    45  ate municipal civil service commission.
    46    6. Roster. The department and each municipal commission  shall  estab-
    47  lish  and  maintain  in  its  office  a  roster of all such children and
    48  siblings appointed or promoted as a result of additional credits granted
    49  by this section to positions under its jurisdiction. The appointment  or
    50  promotion  of a child or sibling as a result of additional credits shall
    51  be void  if  such  child  or  sibling,  prior  to  such  appointment  or
    52  promotion,  had  been  appointed  or  promoted as a result of additional
    53  credits granted by this section.
    54    § 3. Subdivisions 2, 3, 4, 5 and  6  of  section  85-c  of  the  civil
    55  service  law, as amended by chapter 376 of the laws of 2013, are amended
    56  to read as follows:

        A. 2080                             5
 
     1    2. Additional credit authorized. Additional credits shall  be  allowed
     2  children  and  siblings  of  emergency medical technicians killed in the
     3  line of duty in competitive examinations  for  original  appointment  or
     4  permanent promotion.
     5    (a) On all eligible lists resulting from competitive examinations, the
     6  names of eligible persons shall be entered in the order of their respec-
     7  tive final earned ratings on examinations, with the name of the eligible
     8  person  with  the highest final earned ratings at the head of such list;
     9  provided, however, that for the  purpose  of  determining  final  earned
    10  ratings,  children  and siblings of emergency medical technicians killed
    11  in the line of duty shall be  entitled  to  receive  an  additional  ten
    12  points in a competitive examination for original appointment in the same
    13  municipality  in  which  his  or her parent or sibling has served and an
    14  additional five points in a competitive examination for promotion in the
    15  same municipality in which his or her parent or sibling has served.
    16    (b) Such additional credit shall be added to the final  earned  rating
    17  of such child or sibling, as the case may be, after he or she has quali-
    18  fied  in  the  competitive  examination and shall be granted only at the
    19  time of establishment of the resulting eligible list.
    20    3. Application for additional credit; proof of eligibility; establish-
    21  ment of eligible list. Any candidate, believing himself or herself enti-
    22  tled to additional credit in a competitive examination  as  provided  in
    23  this  section,  may  make  application for such additional credit at any
    24  time between the date of his or her application for examination and  the
    25  date  of  the  establishment of the resulting eligible list. Such candi-
    26  dates shall be allowed a period of not less than  two  months  from  the
    27  date of the filing of his or her application for examination in which to
    28  establish  by  appropriate  documentary  proof his or her eligibility to
    29  receive additional credit under this section.  At  any  time  after  two
    30  months  have  elapsed since the final date for filing applications for a
    31  competitive examination  for  original  appointment  or  promotion,  the
    32  eligible  list  resulting  from  such  examination  may  be established,
    33  notwithstanding the fact that a child or sibling  who  has  applied  for
    34  additional  credit  has  failed  to  establish his or her eligibility to
    35  receive such additional credit. A candidate who fails to  establish,  by
    36  appropriate  documentary  proof, his or her eligibility to receive addi-
    37  tional credit by the time an eligible  list  is  established  shall  not
    38  thereafter be granted additional credit on such eligible list.
    39    4.  Use of additional credit. (a) Except as otherwise provided in this
    40  subdivision, no person who has received a permanent original appointment
    41  or permanent promotion in the civil service of the state or of any  city
    42  or  civil  division thereof from an eligible list on which he or she was
    43  allowed the additional credit granted by this  section  as  a  child  or
    44  sibling,  shall  thereafter  be  entitled to any additional credit under
    45  this section as a child or sibling.
    46    (b) Where, at the time of establishment of an eligible list, the posi-
    47  tion of a child or sibling on such list has not  been  affected  by  the
    48  addition  of  credits  granted  under  this  section, the appointment or
    49  promotion of such child or sibling from such eligible list shall not  be
    50  deemed  to  have  been made from an eligible list on which he or she was
    51  allowed the additional credit granted by this section.
    52    (c) If, at the time of appointment from an eligible list, a  child  or
    53  sibling  is in the same relative standing among the eligible persons who
    54  are willing to accept appointment as if he or she had not  been  granted
    55  the  additional credits as provided by this section, his or her appoint-
    56  ment from such eligible persons shall not be deemed to  have  been  made

        A. 2080                             6
 
     1  from  an  eligible  list  on which he or she was allowed such additional
     2  credits.
     3    (d) Where a child or sibling has been originally appointed or promoted
     4  from  an  eligible  list  on which he or she was allowed such additional
     5  credit, but such  appointment  or  promotion  is  thereafter  terminated
     6  either  at  the  end  of  the  probationary term or by resignation at or
     7  before the end of the probationary term, he or she shall not  be  deemed
     8  to have been appointed or promoted, as the case may be, from an eligible
     9  list  on which he or she is allowed additional credit, and such appoint-
    10  ment or promotion shall not affect his or her eligibility for additional
    11  credit in other examinations.
    12    5. Withdrawal of application; election to relinquish additional  cred-
    13  it.    An application for additional credit in a competitive examination
    14  under this section may be withdrawn by the applicant at any  time  prior
    15  to  the establishment of the resulting eligible list. At any time during
    16  the term of existence of an eligible list resulting from  a  competitive
    17  examination  in  which  a  child  or sibling has received the additional
    18  credit granted by this section, such child or sibling may  elect,  prior
    19  to  permanent original appointment or permanent promotion, to relinquish
    20  the additional credit theretofore granted to him or her and  accept  the
    21  lower  position on such eligible list to which he or she would otherwise
    22  have been entitled; provided, however, that such election  shall  there-
    23  after  be irrevocable.   Such election shall be in writing and signed by
    24  the child or sibling, and transmitted to the department or the appropri-
    25  ate municipal civil service commission.
    26    6. Roster. The department and each municipal commission  shall  estab-
    27  lish  and  maintain  in  its  office  a  roster of all such children and
    28  siblings appointed or promoted as a result of additional credits granted
    29  by this section to positions under its jurisdiction. The appointment  or
    30  promotion  of a child or sibling as a result of additional credits shall
    31  be void  if  such  child  or  sibling,  prior  to  such  appointment  or
    32  promotion,  had  been  appointed  or  promoted as a result of additional
    33  credits granted by this section.
    34    § 4. This act shall take effect immediately.
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