Allows municipal commissions to use alternate lists for filling vacancies with resident and non-resident minority group members and women in order to achieve diversity in police departments.
STATE OF NEW YORK
________________________________________________________________________
2037--D
2015-2016 Regular Sessions
IN SENATE
January 21, 2015
___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Civil Service and
Pensions -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the civil service law, in relation to appointments from
eligible lists
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 23 of the civil service law, as
2 amended by chapter 403 of the laws of 2011, is amended and a new subdi-
3 vision 4-c is added to read as follows:
4 4. Use of state and county eligible lists, as the source of new hires,
5 by municipal commissions. A municipal commission, in the absence of an
6 eligible list of its own, may request the state civil service depart-
7 ment, county civil service commission or county personnel officer to
8 furnish it with the names of persons on an appropriate eligible list
9 established by the department, commission or personnel officer, which,
10 if so requested by the municipal commission, shall be limited to resi-
11 dents of the city, or town or civil division in which appointments are
12 to be made, or to residents of the county or judicial district in which
13 such city, town or civil division is located, or to any reasonable
14 combination of political subdivisions both in and outside of New York
15 state contiguous to the city or civil division in which appointment is
16 to be made or contiguous to the political subdivision in which such city
17 or civil division is located, except for the position of director of
18 facilities I, II, & III of a school district located within the state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05424-19-5
S. 2037--D 2
1 which shall use the list developed pursuant to subdivision five of
2 section seventeen of this [chapter] title. Such municipal commission may
3 certify such names for appointment to a position under its jurisdiction
4 in the same manner as certifications are made from the eligible lists of
5 such commission. If the state civil service department, county civil
6 service commission or county personnel officer, upon the request of such
7 commission, has certified an appropriate eligible list to fill a partic-
8 ular position, such list shall continue to be used until superseded by
9 an eligible list established by such municipal commission for such posi-
10 tion, or until such list expires or is exhausted or is otherwise termi-
11 nated.
12 4-c. Alternate lists for police departments. Police departments where
13 a list pursuant to subdivision four of this section does not adequately
14 represent minority populations and the existing police department's
15 ethnic, racial or women composition deviates from the community upon
16 which they serve by twenty-five percent or more, a municipal commission
17 may use alternate lists, including but not limited to the county list,
18 for the filling of vacancies by both resident and non-resident minority
19 group members, as defined by section three hundred ten of the executive
20 law, and women in order to achieve diversity in the workforce. Alternate
21 lists created by police departments in surrounding municipalities shall
22 be provided and police departments shall hire from such alternate lists
23 until such police department's ethnic, racial or women composition no
24 longer deviates from the community upon which they serve by twenty-five
25 percent or more, upon which time the municipal commission shall be
26 required to use its own eligible list. Police departments shall hire
27 candidates from alternate lists based on merit and fitness, further the
28 rule of three shall apply.
29 § 2. This act shall take effect immediately.
