|SAME AS||No same as|
|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.|
|01/09/2013||referred to governmental employees|
|05/20/2013||enacting clause stricken|
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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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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. LBD05126-01-3A. 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 orA. 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.