STATE OF NEW YORK
________________________________________________________________________
8302
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to allowing school
districts to canvass from the five highest civil service examination
ratings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 61 of the civil service law, as
2 added by chapter 790 of the laws of 1958, is amended to read as follows:
3 1. Appointment or promotion from eligible lists. Appointment or
4 promotion from an eligible list to a position in the competitive class
5 shall be made by the selection of one of the three persons certified by
6 the appropriate civil service commission as standing highest on such
7 eligible list who are willing to accept such appointment or promotion;
8 provided, however, that the state or a municipal commission may provide,
9 by rule, that where it is necessary to break ties among eligibles having
10 the same final examination ratings in order to determine their respec-
11 tive standings on the eligible list, appointment or promotion may be
12 made by the selection of any eligible whose final examination rating is
13 equal to or higher than the final examination rating of the third high-
14 est standing eligible willing to accept such appointment or promotion;
15 provided further, however, that a school district may provide, by rule,
16 that where it is necessary to break ties among eligibles having the same
17 final examination ratings in order to determine their respective stand-
18 ings on the eligible list, appointment or promotion may be made by the
19 selection of any eligible whose final examination rating is equal to or
20 higher than the final examination rating of the fifth highest standing
21 eligible willing to accept such appointment or promotion. Appointments
22 and promotions shall be made from the eligible list most nearly appro-
23 priate for the position to be filled.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13462-01-3
