Bill S3340-2013

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

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 the workplace.

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  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Feb 1, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S3340

TITLE OF BILL: An act to amend the civil service law, in relation to appointments from eligible lists

SUMMARY OF PROVISIONS: This bill amends subdivision 4 of section 23 and subdivisions 1 and 2 of section 56 of the civil service law, adding optional alternate list provisions to these sections.

JUSTIFICATION: This legislation seeks to expand the pool of qualified candidates for police officer positions. If enacted, this bill would allow municipal commissions the option to choose the same-level qualified candidates from either a local/resident list or a non-resident list.

PRIOR LEGISLATIVE HISTORY: 2009-10: S.5744B/A.4038B (Pretlow) Civil Service and Pensions/Governmental Employees

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3340 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sens. HASSELL-THOMPSON, MONTGOMERY, PERKINS -- 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 appointments from eligible lists THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 23 of the civil service law, as amended by chapter 403 of the laws of 2011, is amended to read as follows: 4. Use of state and county eligible lists by municipal commissions. A municipal commission, in the absence of an eligible list of its own, may request the state civil service department, county civil service commis- sion or county personnel officer to furnish it with the names of persons on an appropriate eligible list established by the department, commis- sion or personnel officer, which, if so requested by the municipal commission, shall be limited to residents of the city, or town or civil division in which appointments are to be made, or to residents of the county or judicial district in which such city, town or civil division is located, or to any reasonable combination of political subdivisions both in and outside of New York state contiguous to the city or civil division in which appointment is to be made or contiguous to the poli- tical subdivision in which such city or civil division is located, except for the position of director of facilities I, II, & III of a school district located within the state which shall use the list devel- oped pursuant to subdivision five of section seventeen of this chapter. PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICI- PAL COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT NOT LIMITED TO THE COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH RESIDENT AND NON- RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE
WORKFORCE. Such municipal commission may certify such names for appoint- ment to a position under its jurisdiction in the same manner as certif- ications are made from the eligible lists of such commission. If the state civil service department, county civil service commission or coun- ty personnel officer, upon the request of such commission, has certified an appropriate eligible list to fill a particular position, such list shall continue to be used until superseded by an eligible list estab- lished by such municipal commission for such position, or until such list expires or is exhausted or is otherwise terminated. S 2. Subdivisions 1 and 2 of section 56 of the civil service law, as amended by chapter 411 of the laws of 1993, are amended to read as follows: 1. The duration of an eligible list shall be fixed at not less than one nor more than four years; provided that, except for lists promulgat- ed for police officer positions in jurisdictions other than the city of New York, in the event that a restriction against the filling of vacan- cies exists in any jurisdiction, the state civil service department or municipal commission having jurisdiction shall, in the discretion of the department or commission, extend the duration of any eligible list for a period equal to the length of such restriction against the filling of vacancies. Restriction against the filling of vacancies shall mean any policy, whether by executive order or otherwise, which, because of a financial emergency, prevents or limits the filling of vacancies in a title for which a list has been promulgated. PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICIPAL COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT NOT LIMITED TO THE COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH RESIDENT AND NON-RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE WORKFORCE. An eligible list that has been in existence for one year or more shall terminate upon the establishment of an appropriate new list, unless otherwise prescribed by the state civil service department or municipal commission having jurisdiction. 2. Notwithstanding subdivision one of this section, the duration of eligible lists established on or before December thirty-first, nineteen hundred ninety-six, shall be fixed at not less than one nor more than four years; provided that, except for lists promulgated for police offi- cer positions in jurisdictions other than the city of New York, in the event that a restriction against the filling of vacancies exists in any jurisdiction, the state civil service department or municipal commission having jurisdiction shall, in the discretion of the department or commission, extend the duration of any such eligible list for a period equal to the length of such restriction against the filling of vacan- cies. Restriction against the filling of vacancies shall mean any poli- cy, whether by executive order or otherwise, which prevents or limits the filling of vacancies in a title for which such a list has been promulgated. PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICIPAL COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT NOT LIMITED TO THE COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH RESIDENT AND NON-RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE WORKFORCE. An eligible list that has been in existence for one year or more shall terminate upon the establishment of an appro- priate new list, unless otherwise prescribed by the state civil service department or municipal commission having jurisdiction. S 3. This act shall take effect immediately.

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