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S07075 Summary:

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S07075 Floor Votes:

S07075 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7075
 
                    IN SENATE
 
                                     March 10, 2010
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
 
        AN ACT to amend the civil service law, in  relation  to  granting  addi-
          tional  credits  on competitive examinations for the children of emer-
          gency medical technicians killed in the line of duty
 

          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  85-c to read as follows:
     3    § 85-c. Additional credits allowed the children of  emergency  medical
     4  technicians  and paramedics killed in the line of duty. 1.  Definitions.
     5  (a) As used in this section, "killed in the line  of  duty"  shall  mean
     6  having  died  in  the  performance  of duty as the natural and proximate
     7  result of the World Trade Center attack on September eleventh, two thou-
     8  sand one or as the natural and proximate result of participation in  the
     9  rescue effort that was conducted in response to such attack.

    10    (b)  As used in this section "emergency medical technician" shall mean
    11  a person who was employed by the city of New York or  by  the  New  York
    12  city  health and hospitals corporation in a title whose duties are those
    13  of an emergency medical technician  or advanced emergency medical  tech-
    14  nician  (as those terms are defined in section three thousand one of the
    15  public health law), or in a title whose duties require  the  supervision
    16  of  employees  whose duties are those of an emergency medical technician
    17  or advanced emergency medical technician (as those terms are defined  in
    18  section three thousand one of the public health  law).
    19    2.  Additional  credit authorized. Additional credits shall be allowed

    20  children of emergency medical technicians killed in the line of duty  in
    21  competitive examinations for original appointment.
    22    (a) On all eligible lists resulting from competitive examinations, the
    23  names of eligible persons shall be entered in the order of their respec-
    24  tive final earned ratings on examinations, with the name of the eligible
    25  person  with  the highest final earned ratings at the head of such list;
    26  provided, however, that for the  purpose  of  determining  final  earned
    27  ratings, children of emergency medical technicians killed in the line of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16008-02-0

        S. 7075                             2
 
     1  duty  shall be entitled to receive an additional ten points in a compet-
     2  itive examination for original appointment in the same  municipality  in
     3  which his or her parent has served.
     4    (b)  Such  additional credit shall be added to the final earned rating
     5  of such child, as the case may be, after he or she has qualified in  the
     6  competitive  examination and shall be granted only at the time of estab-
     7  lishment of the resulting eligible list.
     8    3. Application for additional credit; proof of eligibility; establish-
     9  ment of eligible list. Any candidate, believing himself or herself enti-
    10  tled to additional credit in a competitive examination  as  provided  in

    11  this  section,  may  make  application for such additional credit at any
    12  time between the date of his or her application for examination and  the
    13  date  of  the  establishment of the resulting eligible list. Such candi-
    14  dates shall be allowed a period of not less than  two  months  from  the
    15  date of the filing of his or her application for examination in which to
    16  establish  by  appropriate  documentary  proof his or her eligibility to
    17  receive additional credit under this section.  At  any  time  after  two
    18  months  have  elapsed since the final date for filing applications for a
    19  competitive examination for  original  appointment,  the  eligible  list
    20  resulting  from such examination may be established, notwithstanding the

    21  fact that a child who has applied for additional credit  has  failed  to
    22  establish  his  or  her eligibility to receive such additional credit. A
    23  candidate who fails to establish, by appropriate documentary proof,  his
    24  or  her eligibility to receive additional credit by the time an eligible
    25  list is established shall not thereafter be granted additional credit on
    26  such eligible list.
    27    4. Use of additional credit. (a) Except as otherwise provided in  this
    28  subdivision, no person who has received a permanent original appointment
    29  in the civil service of the state or of any city or civil division ther-
    30  eof  from an eligible list on which he or she was allowed the additional
    31  credit granted by this section as a child, shall thereafter be  entitled

    32  to any additional credit under this section as a child.
    33    (b) Where, at the time of establishment of an eligible list, the posi-
    34  tion  of  a  child on such list has not been affected by the addition of
    35  credits granted under this section, the appointment of such  child  from
    36  such  eligible list shall not be deemed to have been made from an eligi-
    37  ble list on which he or she was allowed the additional credit granted by
    38  this section.
    39    (c) If, at the time of appointment from an eligible list, a  child  is
    40  in the same relative standing among the eligible persons who are willing
    41  to  accept  appointment  as  if he or she had not been granted the addi-
    42  tional credits as provided by this section, his or her appointment  from

    43  such  eligible  persons  shall  not  be deemed to have been made from an
    44  eligible list on which he or she was allowed such additional credits.
    45    (d) Where a child has been originally appointed from an eligible  list
    46  on which he or she was allowed such additional credit, but such appoint-
    47  ment is thereafter terminated either at the end of the probationary term
    48  or  by  resignation at or before the end of the probationary term, he or
    49  she shall not be deemed to have been appointed, as the case may be, from
    50  an eligible list on which he or she is allowed  additional  credit,  and
    51  such  appointment shall not affect his or her eligibility for additional
    52  credit in other examinations.
    53    5. Withdrawal of application; election to relinquish additional  cred-

    54  it.    An application for additional credit in a competitive examination
    55  under this section may be withdrawn by the applicant at any  time  prior
    56  to  the establishment of the resulting eligible list. At any time during
        S. 7075                             3
 
     1  the term of existence of an eligible list resulting from  a  competitive
     2  examination  in which a child has received the additional credit granted
     3  by this section, such child  may  elect,  prior  to  permanent  original
     4  appointment,  to relinquish the additional credit theretofore granted to
     5  him or her and except the lower position on such eligible list to  which
     6  he  or  she  would otherwise have been entitled; provided, however, that

     7  such election shall thereafter be irrevocable. Such election shall be in
     8  writing and signed by the child, and transmitted to  the  department  or
     9  the appropriate municipal civil service commission.
    10    6.  Roster.  The department and each municipal commission shall estab-
    11  lish and maintain in its office a roster of all such children  appointed
    12  as  a  result of additional credits granted by this section to positions
    13  under its jurisdiction. The appointment of a child as a result of  addi-
    14  tional  credits  shall be void if such child, prior to such appointment,
    15  had been appointed as a result of additional  credits  granted  by  this
    16  section.
    17    § 2. This act shall take effect immediately.