Provides for employment of veterans with disabilities by municipalities; allows municipal civil service commissions in the state to prescribe a number of positions, not to exceed two hundred, with duties to be performed by disabled veterans.
STATE OF NEW YORK
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10523
IN ASSEMBLY
April 2, 2010
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to employment of
veterans with disabilities by municipalities
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 55-d to read as follows:
3 § 55-d. Employment of veterans with disabilities by municipalities. 1.
4 Municipal civil service commissions in the state may, by rule, determine
5 a prescribed number of positions, not to exceed two hundred positions,
6 with duties which can be performed by disabled veterans and veterans
7 with disabilities who are found otherwise qualified, in the manner here-
8 after prescribed, to perform satisfactorily the duties of any such posi-
9 tion.
10 2. Upon such determination, the said positions shall be classified in
11 the non-competitive class, and may be filled only by veterans of the
12 armed forces of the United States who served therein during time of war,
13 as defined in paragraph (c) of subdivision one of section eighty-five of
14 this chapter, and (a) who establish by appropriate documentary evidence
15 that they are disabled veterans, as defined in paragraph (b) of subdivi-
16 sion one of section eighty-five of this chapter, or (b) by those veter-
17 ans, as defined in paragraph (a) of subdivision one of section eighty-
18 five of this chapter, who shall have been certified by either the
19 commission for the blind and visually handicapped in the state depart-
20 ment of social services as physically disabled by blindness or by the
21 state education department as otherwise physically or mentally disabled
22 and, in any event, qualified to perform satisfactorily the duties of any
23 such position. Priority in certification and referral of both such disa-
24 bled veterans and certified disabled but capable veterans shall be given
25 to those veterans who received a wound in combat, as documented by the
26 awarding of the purple heart, as authorized by the United States depart-
27 ment of defense, and that wound is the cause of, or a substantially
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15937-01-0
A. 10523 2
1 contributing factor to, the degree of impairment, who otherwise meet the
2 requirements of this section.
3 3. Prior to making certification of disabled veterans and veterans
4 with disabilities for any such position, the commission for the blind
5 and visually handicapped in the case of veterans physically disabled by
6 blindness or the state education department in the case of veterans
7 otherwise physically or mentally disabled shall obtain from the appro-
8 priate municipal civil service commission a detailed description of all
9 duties of the position, and shall investigate the extent of the disabil-
10 ity by examination of any such person or otherwise, and shall determine
11 and report its findings to the appropriate civil service commission, as
12 to the ability of the disabled person to perform the duties of such
13 position. Such findings shall be given due consideration by the munici-
14 pal civil service commission.
15 4. Notwithstanding any other provision of law, a municipal commission
16 shall afford employees in the service of a civil division who are hold-
17 ing or who have held a position in the non-competitive class of such
18 services pursuant to the provisions of this section, the same opportu-
19 nity as employees in the competitive class to take promotion examina-
20 tions.
21 § 2. This act shall take effect immediately.
