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A02226 Summary:

BILL NO    A02226 

SAME AS    No same as 

SPONSOR    Lopez V

COSPNSR    

MLTSPNSR   

Amd Art 6 Art head, add S85-d, Civ Serv L

Grants additional credit of five points to auxiliary police officers in
competitive examinations for original appointment or promotion to a civil
service position with the state or local government.
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A02226 Actions:

BILL NO    A02226 

01/09/2013 referred to governmental employees
05/20/2013 enacting clause stricken
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A02226 Votes:

There are no votes for this bill in this legislative session.
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A02226 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2226
 
SPONSOR: Lopez V
  TITLE OF BILL: An act to amend the civil service law, in relation to granting additional credit to auxiliary police officers in competitive examinations   PURPOSE OR GENERAL IDEA OF BILL: This legislation would allow auxiliary police officers who have demon- strated satisfactory performance on duty to receive additional credit towards competitive examinations in New York State.   SUMMARY OF SPECIFIC PROVISIONS: The Civil Service Law would be amended by adding a new §85-a that states additional credit be given to auxiliary police officers who have performed three years of satisfactory service in such position. The additional credit comes in the form of five (5) points towards compet- itive examinations. This credit shall be used for the purposes of original appointments or promotions.   JUSTIFICATION: This bill rewards auxiliary police officers for their invaluable service rendered to the community. Auxiliary police officers are motivated by their willingness to serve and protect the very communities they live in. Giving them credit allows auxiliary police officers to be justly rewarded for their service to the community. This credit will be applied to the original appointment of auxiliary police officers to the police examination. This credit will act as a catalyst for more participation in the community as well as create an environment in which many police officers will be residents of their respective communities. Instead of police officers being imported into communities that are foreign to them, this new breed of police officers will be residents of the communities they serve.   PRIOR LEGISLATIVE HISTORY: A.2786 in the 2003/04 Legislative Session A.1355 in the 2001/02 Legislative Session A.5288 in the 2005/06 Legislative Session A.5530 in the 2007/08 Legislative Session A.7256a in the 2009/10 Legislative Session A.5503 in the 2011 Legislative Session   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A02226 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2226
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
          tee on Governmental Employees
 
        AN  ACT  to  amend  the civil service law, in relation to granting addi-
          tional credit to auxiliary police officers in competitive examinations
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The article heading of article 6 of the civil service law,
     2  as added by chapter 790 of the laws of  1958,  is  amended  to  read  as
     3  follows:
     4    SPECIAL RIGHTS FOR VETERANS [AND], EXEMPT VOLUNTEER FIREMEN AND AUXIL-
     5  IARY POLICE OFFICERS
     6    §  2. The civil service law is amended by adding a new section 85-d to
     7  read as follows:
     8    § 85-d.   Additional  credit  allowed  auxiliary  police  officers  in
     9  competitive examinations.  1. Definitions.  As used in this section:
    10    (a)  The  term  "auxiliary  police  officer"  shall  mean a person who
    11  actively participates as an auxiliary police  officer  of  an  auxiliary

    12  police  organization  established by a political subdivision and who has
    13  rendered three years or more of satisfactory service in such position.
    14    (b)  For the purpose of this section,  the  terms  "date  of  original
    15  appointment"  and  "date  of  original appointment in the service" shall
    16  mean, for persons subject to subdivision one-a of section eighty of this
    17  chapter, the date of original appointment on a permanent  basis  in  the
    18  grade  or title in the service of the governmental jurisdiction in which
    19  such abolition or reduction occurs.
    20    2.   Additional  credits  in  competitive  examinations  for  original
    21  appointment  or  promotion.   (a)   On all eligible lists resulting from

    22  competitive examinations, the names of eligibles shall be entered in the
    23  order of their respective final earned ratings on examination, with  the
    24  name of the eligible with the highest final earned rating at the head of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05126-01-3

        A. 2226                             2
 
     1  such  list, provided, however, that for the purpose of determining final
     2  earned ratings, auxiliary police officers shall be entitled  to  receive
     3  in a competitive examination for original appointment an additional five

     4  points  upon  the condition that such auxiliary police officer agrees to
     5  accept a position of employment within the city, town or village of  his
     6  or her residence at the time of appointment.
     7    (b)   Such additional credit shall be added to the final earned rating
     8  of such auxiliary police officer after he or she has  qualified  in  the
     9  competitive  examination and shall be granted only at the time of estab-
    10  lishment of the resulting eligible list.
    11    3.  Application for additional credit; proof  of  eligibility;  estab-
    12  lishment  of eligible list.  Any candidate, believing himself or herself
    13  entitled to additional credit in a competitive examination  as  provided
    14  herein,  may  make  application  for  such additional credit at any time

    15  between the date of his or her application for examination and the  date
    16  of  the  establishment  of the resulting eligible list.  Such candidates
    17  shall be allowed a period of not less than two months from the  date  of
    18  the  filing of his or her application for examination in which to estab-
    19  lish by appropriate documentary proof his or her eligibility to  receive
    20  additional credit under this section.  At any time after two months have
    21  elapsed  since  the final date for filing applications for a competitive
    22  examination for original appointment or  promotion,  the  eligible  list
    23  resulting  from such examination may be established, notwithstanding the
    24  fact that an auxiliary police officer who  has  applied  for  additional

    25  credit  has  failed  to establish his or her eligibility to receive such
    26  additional credit.   A candidate must  be  in  good  standing  and  such
    27  evidence  must be certified and submitted as supporting documentation to
    28  the department of civil service.  A candidate who fails to establish, by
    29  appropriate documentary proof, his or her eligibility to  receive  addi-
    30  tional  credit  by  the  time  an eligible list is established shall not
    31  thereafter be granted additional credit on such eligible list.
    32    4.  Use of additional credit.  (a)   Except as otherwise  provided  in
    33  this  subdivision,  no  person  who  has  received  a permanent original
    34  appointment or a permanent promotion in the civil service of  the  state

    35  or  of any city or civil division thereof from an eligible list on which
    36  he or she was allowed the additional credit granted by this section   as
    37  an  auxiliary  police  officer shall thereafter be entitled to any addi-
    38  tional credit under this section as an auxiliary police officer.
    39    (b)  Where, at the time of establishment  of  an  eligible  list,  the
    40  position  of  an  auxiliary  police  officer  on  such list has not been
    41  affected by the addition of credits  granted  under  this  section,  the
    42  appointment  or  promotion  of  such  auxiliary police officer from such
    43  eligible list shall not be deemed to have been  made  from  an  eligible
    44  list  on  which  he  or she was allowed the additional credit granted by
    45  this section.

    46    (c)  If, at the time of appointment from an eligible list, an auxilia-
    47  ry police officer is in the same relative standing among  the  eligibles
    48  who  are  willing  to  accept  appointment  as if he or she had not been
    49  granted the additional credits provided by  this  section,  his  or  her
    50  appointment  from  among such eligibles shall not be deemed to have been
    51  made from an eligible list on which he or she  was  allowed  such  addi-
    52  tional credits.
    53    (d)    Where an auxiliary police officer has been originally appointed
    54  or promoted from an eligible list on which he or she was  allowed  addi-
    55  tional  credit,  but  such appointment or promotion is thereafter termi-
    56  nated either at the end of the probationary term or by resignation at or

        A. 2226                             3
 
     1  before the end of the probationary term, he or she shall not  be  deemed
     2  to have been appointed or promoted, as the case may be, from an eligible
     3  list on which he or she was allowed additional credit, and such appoint-
     4  ment or promotion shall not affect his or her eligibility for additional
     5  credit in other examinations.
     6    5.  Withdrawal of application; election to relinquish additional cred-
     7  it.    An application for additional credit in a competitive examination
     8  under this section may be withdrawn by the applicant at any  time  prior
     9  to the establishment of the resulting eligible list.  At any time during
    10  the  term  of existence of an eligible list resulting from a competitive

    11  examination in which an auxiliary police officer has received the  addi-
    12  tional credit granted by this section, such auxiliary police officer may
    13  elect,  prior  to permanent original appointment or permanent promotion,
    14  to relinquish the additional credit theretofore granted to  him  or  her
    15  and  accept  the lower position on such eligible list to which he or she
    16  would  otherwise  have  been  entitled;  provided,  however,  that  such
    17  election  shall  thereafter  be irrevocable.   Such election shall be in
    18  writing and signed by the auxiliary police officer, and  transmitted  to
    19  the  state  civil  service department or the appropriate municipal civil
    20  service commission.
    21    6.  Roster.  The state civil service  department  and  each  municipal

    22  commission  shall  establish  and maintain in its office a roster of all
    23  auxiliary police officers appointed or promoted as  a  result  of  addi-
    24  tional  credits granted by this section to positions under its jurisdic-
    25  tion.  The appointment or promotion of an auxiliary police officer as  a
    26  result  of  additional  credits  shall  be void if such auxiliary police
    27  officer, prior to such appointment or promotion, had been  appointed  or
    28  promoted as a result of additional credits granted by this section.
    29    § 3. This act shall take effect immediately.
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