Relates to the appointment and promotion of supervisors of the fire alarm dispatcher service; requires that a promotion be based on merit and fitness as determined by competitive examination, due weight being given to seniority.
STATE OF NEW YORK
________________________________________________________________________
179--A
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sen. JACKSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- recommitted to the Committee on Civil Service and Pensions in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the civil service law, in relation to the appointment
and promotion of supervisors of the fire alarm dispatcher service
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 59-e to read as follows:
3 § 59-e. Promotions of supervisory personnel of the fire alarm
4 dispatcher service. 1. The legislature hereby finds and declares that
5 the continued, uninterrupted, adequate and efficient operation of fire
6 and emergency medical services is necessary for the general welfare of
7 the people and that such adequate operation involves and requires
8 personnel with highly specialized ability, skill, training and know-
9 ledge, which necessitates that vacancies in the fire alarm dispatcher
10 service in the position of supervising fire alarm dispatcher level II
11 shall be filled as far as practicable by promotion from among persons
12 currently holding provisional appointments to the supervising fire alarm
13 dispatcher level II position, as well as persons holding competitive
14 class positions in a lower grade in the department in which the vacancy
15 exists, provided that such lower grade positions are in direct line of
16 promotion, as determined by the department or municipal commission. The
17 legislature further finds and declares that when neither an eligible
18 list nor a competitive examination for a title exists, allowing city of
19 New York employers and the representatives of their employees to,
20 through the collective bargaining process, agree to an alternative exam-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01828-02-4
S. 179--A 2
1 ination method to measure the merit and fitness of employees currently
2 holding provisional appointments to such title, such agreement advances
3 the goal of reducing the number of employees holding a provisional
4 appointment with city of New York employers while recognizing that,
5 consistent with the constitution, the hiring process for the supervising
6 fire alarm dispatcher level II position in the absence of an eligible
7 list for such title has been and is competitive and measures the merit
8 and fitness of the candidates for such position.
9 2. Promotion shall be based on merit and fitness as determined by
10 competitive examination, due weight being given to seniority. The previ-
11 ous training and experience of the candidates, and performance ratings
12 where available, may be considered and given due weight as factors in
13 determining the relative merit and fitness of candidates for promotion
14 provided, however, that for any permanent competitive employee who, at
15 the time that the chapter enacting this section shall become law, holds
16 a provisional appointment as a supervising fire alarm dispatcher level
17 II, the process by which such employee applied for and was evaluated for
18 such position shall be deemed to constitute a competitive examination of
19 such employee's merit and fitness for such position.
20 3. Notwithstanding any provision of law to the contrary, any permanent
21 competitive employee who, at the time that the chapter enacting this
22 section shall become law, holds a provisional appointment as a supervis-
23 ing fire alarm dispatcher level II, shall be permanently appointed to
24 the title supervising fire alarm dispatcher level II, and shall have all
25 time spent as a provisional appointment as a supervising fire alarm
26 dispatcher level II credited to any probationary term that is required
27 upon permanent appointment to such position.
28 4. Any permanent competitive employee holding a provisional or discre-
29 tionary appointment in the direct line of the affected supervisory title
30 of the fire alarm dispatcher service described in subdivision one of
31 this section shall be given the opportunity to participate in a compet-
32 itive promotional examination for the next higher level title.
33 5. Except as provided above, the provisions of this chapter shall
34 apply to employees covered by this section.
35 § 2. This act shall take effect immediately.
