Provides for the recalculation and re-establishment of civil service lists based upon eligibility for credits granted to children and siblings of deceased firefighters and police officers pursuant to section 85-b of the civil service law as amended by chapter 376 of 2013.
Ayes (60): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Parker
TITLE OF BILL: An act in relation to providing additional civil service credit to children of certain firefighters and police officers killed in the line of duty
PURPOSE: This bill corrects an issue that arose after the enactment of Chapter 376 of the Laws of 2013 due to activities that took place after S.5585/A.7631 passed both houses of the Legislature and before the enactment of Chapter 376 that caused the children of firefighters and police officers to be denied additional points for examinations because the eligible list for such examinations had been established and could not be changed.
SUMMARY OF PROVISIONS:
Section 1 of the bill provides that notwithstanding any other law to the contrary, any established eligible list that includes at least one candidate who meets the following criteria will be re-established. The criteria are:
1. Is the child of a police officer or firefighter that was killed in the line of duty, as such term is defined in Civil Service Law section 85-b;
2. Applied for additional credit based upon his or her parent's death for the examination from which the established eligible list was established;
3. Established that his or parent was killed in the line of duty, as such term is defined in Civil Service Law section 85-b;
4. Was denied such additional credit; and
5. Would have received such credit pursuant to Chapter 376 of the Laws of 2013.
When re-establishing an established eligible list, the following rules will apply:
1. All candidates who meet the criteria listed above will be awarded additional credit that will be added to the candidate's final earned rating and
2. The names of individuals who have been hired from the established eligible list shall not be included in the re-established eligible list.
Any appointment that was made from an established eligible list prior to its re-establishment shall not be rendered void or voidable solely on the basis that the appointee would not have been eligible for such appointment pursuant to the rule of three prescribed by Civil Service Law section 61.
Any change to a candidate's ranking upon the re-establishment of the eligible list shall not give rise to a cause of action.
Section 2 of the bill provides that upon the re-establishment of an established eligible list, the list upon which the re-established list is based shall terminate.
Section 3 of the bill provides that this bill shall take effect immediately.
CURRENT LAW: Chapter 376 of the Laws of 2013 affords children of firefighter and police officers who were killed in the line of duty to obtain additional credit when the child's deceased parent's death was the natural and proximate result of the September 11th World Trade Center attack or the rescue missions following the attack.
JUSTIFICATION: When the Legislature enacted S.5585/A.7631 of 2013, which became Chapter 376 of the Laws of 2013, the Legislature intended to accomplish two objectives. First, the Legislature sought to equalize the treatment of children and siblings of police officers, firefighters, and emergency medical technicians who have been killed in the line of duty by providing them with additional credit on any civil service exam for a position in the same municipality that the decedent's parent or sibling served. Second, the Legislature sought to remedy an unintended consequence of the lack of a definition of the term "killed in the line of duty" in Civil Service Law section 85-a. This unintended consequence was the denial of additional civil service exam credit to children of firefighters and police officers who died as a result of the September 11th World Trade Center attack.
The Legislature intended to reverse the denial of additional credit for these children of deceased firefighters and police officers regardless of whether the additional credit would affect an established eligible list. The Legislature's intent regarding existing eligible lists could have been effectuated administratively because the Civil Service Law allows the State Department of Civil Service and the municipal civil service commissions to terminate any established eligible list that has been in existence for at least one year and replace that list with a new eligible list. As the press has reported, this administrative solution did not happen in at least one instance, affecting at least 13 candidates.
The candidates that will benefit from this bill have not only suffered the loss of a parent as a result of the September 11th World Trade Center attack and rescue effort, they have also been told, through the denial of the additional credit afforded by Civil Service Law section 85-a because of an administrative interpretation of the term "killed in the line of duty" that excluded deaths that were the natural and proximate result of the September 11th World Trade Center attack or the rescue missions following the attack, that their parents did not die in the line of duty. The parents of these candidates did die in the line of duty. This bill will honor the brave firefighters and police officers who lost their lives as a result of the September 11th World Trade Center attack and rescue effort by helping their children follow in their parent's footsteps.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6178 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT in relation to providing additional civil service credit to chil- dren of certain firefighters and police officers killed in the line of duty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other law to the contrary, any candi- date on an established eligible list resulting from a competitive exam- ination who (i) is the child of a firefighter or police officer who was killed in the line of duty as such term is defined in subdivision 1 of section 85-b of the civil service law, (ii) applied for additional cred- it pursuant to section 85-a of the civil service law as it existed prior to the enactment of chapter 376 of the laws of 2013 for the examination that resulted in the established eligible list, (iii) established that his or her parent was killed in the line of duty as such term is defined in subdivision 1 of section 85-b of the civil service law, (iv) was denied such additional credit, and (v) would have been granted such additional credit pursuant to section 85-b, as amended by chapter 376 of the laws of 2013, shall be allowed to have such additional credit added to his or her current final rating for such examination. Any established eligible list containing the names of candidates who were previously denied credit and would now be afforded credit shall be re-established to provide such candidates receiving additional credit with the proper ranking on such established eligible list; provided that, when re-es- tablishing such list, the names of the candidates who have been appointed from such list shall not be included on the re-established list; and provided further that any appointment that was made from such established eligible list shall not be void or voidable upon the re-es- tablishment of such eligible list solely because, on such re-established list, the appointee would not have been eligible for such appointment pursuant to subdivision 1 of section 61 of the civil service law; and provided further that any change in a candidate's ranking on the re-es-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11882-04-3 S. 6178 2
tablished list shall not give rise to a cause of action relating to one or more appointments from the eligible list that has been re-establ- ished. S 2. Notwithstanding any other law to the contrary, upon re-establish- ment of an established eligible list, the established eligible list that has been re-established shall terminate. S 3. This act shall take effect immediately.