Bill S6497-2013

Relates to promotional exams

Relates to promotional exams.

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  • Jan 30, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

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BILL NUMBER:S6497              REVISED 1/30/14

TITLE OF BILL: An act to amend the civil service law, in relation to promotional exams

PURPOSE: This bill would allow children and siblings of firefighters, police officers and emergency medical technicians killed in the line of duty additional points on a competitive examination for promotion.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 85-a of the Civil Service Law to grant the children and siblings of firefighters, police officers and emergency medical technicians killed in the line of duty an additional five points on a competitive promotional exam for a position in the same municipality that the candidate's deceased parent or sibling served. Candidates who receive a permanent appointment based upon the points granted by this section may not use the points granted by this section to receive another permanent appointment.

Section two of the bill amends subdivisions two, three, four, five and six of section 85-b of the Civil Service Law to grant the children and siblings of firefighters and police officers killed in the line of duty as a result of the September 11th cleanup and recovery efforts an additional five points on a competitive promotional exam for a position in the same municipality that the candidate's deceased parent or sibling served. Candidates who receive a permanent appointment based upon the points granted by this section may not use the points granted by this section to receive another permanent appointment.

Section three of the bill amends subdivisions two, three, four, five and six of section 85c of the Civil Service Law to grant the children and siblings of emergency medical technicians killed in the line of duty as a result of the September 11th cleanup and recovery efforts an additional five points on a competitive promotional exam for a position in the same municipality that the candidate's deceased parent or sibling served Candidates who receive a permanent appointment based upon the points granted by this section may not use the points granted by this section to receive another permanent appointment.

Section four of the bill provides that this act shall take effect immediately.

JUSTIFICATION: Chapter 376 of the Laws of 2013 amended Civil Service Law sections 85-a, 85-b, and 85-c to ensure that children and siblings of firefighters, police officers and emergency medical technicians who were killed in the line of duty or died as a result of the September 11th rescue and recovery efforts receive ten additional points on competitive examinations for original appointments. This bill provides five additional points on competitive examinations for a permanent promotion to children and siblings of deceased firefighters, police officers and emergency medical technicians who were killed in the line of duty died as a result of the September 11th rescue and recovery efforts.

Many of the firefighters, police officers and emergency medical technicians who have given their lives in service to New York City

were survived by children or siblings who were already employed by the City. Under the current law, these children and siblings cannot receive additional points on promotional examinations. This bill would afford those children and siblings who have not used the additional points granted to the children and siblings of firefighters, police officers and emergency medical technicians who were killed in the line of duty or died as a result of the September 11th rescue and recovery efforts the opportunity to receive an additional five points on a competitive examination for permanent promotion.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6497 IN SENATE January 30, 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 to amend the civil service law, in relation to promotional exams THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 85-a of the civil service law, as amended by chap- ter 376 of the laws of 2013, is amended to read as follows: S 85-a. Additional credits allowed children and siblings of firefight- ers, police officers, emergency medical technicians and paramedics killed in the line of duty. 1. Additional credit authorized. Additional credits shall be allowed children and siblings of firefighters, police officers, emergency medical technicians and paramedics killed in the line of duty, as "child" and "sibling" in this section in competitive examinations for original appointment. (a) On all eligible lists result- ing from competitive examinations, the names of eligible persons shall be entered in the order of their respective final earned ratings on examinations, with the name of the eligible person with the highest final earned ratings at the head of such list, provided, however, that for the purpose of determining final earned ratings, children and siblings of firefighters, police officers, emergency medical technicians and paramedics killed in the line of duty shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality in which his or her parent or sibling has served AND AN ADDITIONAL FIVE POINTS IN A COMPETITIVE EXAM- INATION FOR PROMOTION IN THE SAME MUNICIPALITY IN WHICH HIS OR HER PARENT OR SIBLING HAS SERVED. For the purposes of this paragraph, a police officer or firefighter shall be deemed to have "served" in a municipality if he or she was employed by, or worked primarily in, that municipality. (b) Such additional credit shall be added to the final earned rating of such child or sibling, as the case may be, after he or she has quali- fied in the competitive examination and shall be granted only at the time of establishment of the resulting eligible list.
2. Application for additional credit; proof of eligibility; establish- ment of eligible list. Any candidate, believing himself or herself enti- tled to additional credit in a competitive examination as provided in this section, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candi- dates shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish by appropriate documentary proof his or her eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date for filing applications for a competitive examination for original appointment OR PROMOTION, the eligible list resulting from such examination may be established, notwithstanding the fact that a child or sibling who has applied for additional credit has failed to establish his or her eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, his or her eligibility to receive addi- tional credit by the time an eligible list is established shall not thereafter be granted additional credit on such eligible list. 3. Use of additional credit. (a) Except as otherwise provided in this subdivision, no person who has received a permanent original appointment OR A PERMANENT PROMOTION in the civil service of the state or of any city or civil division thereof from an eligible list on which he or she was allowed the additional credit granted by this section as a child or sibling, shall thereafter be entitled to any additional credit under this section as a child or sibling. (b) Where, at the time of establishment of an eligible list, the posi- tion of a child or sibling on such list has not been affected by the addition of credits granted under this section, the appointment OR PROMOTION of such child or sibling from such eligible list shall not be deemed to have been made from an eligible list on which he or she was allowed the additional credit granted by this section. (c) If, at the time of appointment from an eligible list, a child or sibling is in the same relative standing among the eligible persons who are willing to accept appointment as if he or she had not been granted the additional credits as provided by this section, his or her appoint- ment from such eligible persons shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits. (d) Where a child or sibling has been originally appointed OR PROMOTED from an eligible list on which he or she was allowed such additional credit, but such appointment OR PROMOTION is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the probationary term, he or she shall not be deemed to have been appointed OR PROMOTED, as the case may be, from an eligible list on which he or she is allowed additional credit, and such appoint- ment OR PROMOTION shall not affect his or her eligibility for additional credit in other examinations. 4. Withdrawal of application; election to relinquish additional cred- it. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a child or sibling has received the additional credit granted by this section, such child or sibling may elect, prior to permanent original appointment OR PERMANENT PROMOTION, to relinquish
the additional credit theretofore granted to him or her and accept the lower position on such eligible list to which he or she would otherwise have been entitled; provided, however, that such election shall there- after be irrevocable. Such election shall be in writing and signed by the child or sibling, and transmitted to the department or the appropri- ate municipal civil service commission. 5. Roster. The department and each municipal commission shall estab- lish and maintain in its office a roster of all such children or siblings appointed OR PROMOTED as a result of additional credits granted by this section to positions under its jurisdiction. The appointment OR PROMOTION of a child or sibling as a result of additional credits shall be void if such child or sibling, prior to such appointment OR PROMOTION, had been appointed OR PROMOTED as a result of additional credits granted by this section. S 2. Subdivisions 2, 3, 4, 5 and 6 of section 85-b of the civil service law, as amended by chapter 376 of the laws of 2013, are amended to read as follows: 2. Additional credit authorized. Additional credits shall be allowed children and siblings of firefighters and police officers killed in the line of duty in competitive examinations for original appointment OR PERMANENT PROMOTION. (a) On all eligible lists resulting from compet- itive examinations, the names of eligible persons shall be entered in the order of their respective final earned ratings on examinations, with the name of the eligible person with the highest final earned ratings at the head of such list, provided, however, that for the purpose of deter- mining final earned ratings, children and siblings of firefighters and police officers killed in the line of duty shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality in which his or her parent or sibling has served AND AN ADDITIONAL FIVE POINTS IN A COMPETITIVE EXAM- INATION FOR PROMOTION IN THE SAME MUNICIPALITY IN WHICH HIS OR HER PARENT OR SIBLING HAS SERVED. (b) Such additional credit shall be added to the final earned rating of such child or sibling, as the case may be, after he or she has quali- fied in the competitive examination and shall be granted only at the time of establishment of the resulting eligible list. 3. Application for additional credit; proof of eligibility; establish- ment of eligible list. Any candidate, believing himself or herself enti- tled to additional credit in a competitive examination as provided in this section, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candi- dates shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish by appropriate documentary proof his or her eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date for filing applications for a competitive examination for original appointment OR PROMOTION, the eligible list resulting from such examination may be established, notwithstanding the fact that a child or sibling who has applied for additional credit has failed to establish his or her eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, his or her eligibility to receive addi- tional credit by the time an eligible list is established shall not thereafter be granted additional credit on such eligible list.
4. Use of additional credit. (a) Except as otherwise provided in this subdivision, no person who has received a permanent original appointment OR A PERMANENT PROMOTION in the civil service of the state or of any city or civil division thereof from an eligible list on which he or she was allowed the additional credit granted by this section as a child or sibling, shall thereafter be entitled to any additional credit under this section as a child or sibling. (b) Where, at the time of establishment of an eligible list, the posi- tion of a child or sibling on such list has not been affected by the addition of credits granted under this section, the appointment OR PROMOTION of such child or sibling from such eligible list shall not be deemed to have been made from an eligible list on which he or she was allowed the additional credit granted by this section. (c) If, at the time of appointment from an eligible list, a child or sibling is in the same relative standing among the eligible persons who are willing to accept appointment as if he or she had not been granted the additional credits as provided by this section, his or her appoint- ment from such eligible persons shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits. (d) Where a child or sibling has been originally appointed OR PROMOTED from an eligible list on which he or she was allowed such additional credit, but such appointment OR PROMOTION is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the probationary term, he or she shall not be deemed to have been appointed OR PROMOTED, as the case may be, from an eligible list on which he or she is allowed additional credit, and such appoint- ment shall not affect his or her eligibility for additional credit in other examinations. 5. Withdrawal of application; election to relinquish additional cred- it. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a child or sibling has received the additional credit granted by this section, such child or sibling may elect, prior to permanent original appointment OR PERMANENT PROMOTION, to relinquish the additional credit theretofore granted to him or her and accept the lower position on such eligible list to which he or she would otherwise have been entitled; provided, however, that such election shall there- after be irrevocable. Such election shall be in writing and signed by the child or sibling, and transmitted to the department or the appropri- ate municipal civil service commission. 6. Roster. The department and each municipal commission shall estab- lish and maintain in its office a roster of all such children and siblings appointed OR PROMOTED as a result of additional credits granted by this section to positions under its jurisdiction. The appointment OR PROMOTION of a child or sibling as a result of additional credits shall be void if such child or sibling, prior to such appointment OR PROMOTION, had been appointed OR PROMOTED as a result of additional credits granted by this section. S 3. Subdivisions 2, 3, 4, 5 and 6 of section 85-c of the civil service law, as amended by chapter 376 of the laws of 2013, are amended to read as follows: 2. Additional credit authorized. Additional credits shall be allowed children and siblings of emergency medical technicians killed in the
line of duty in competitive examinations for original appointment OR PERMANENT PROMOTION. (a) On all eligible lists resulting from competitive examinations, the names of eligible persons shall be entered in the order of their respec- tive final earned ratings on examinations, with the name of the eligible person with the highest final earned ratings at the head of such list; provided, however, that for the purpose of determining final earned ratings, children and siblings of emergency medical technicians killed in the line of duty shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality in which his or her parent or sibling has served AND AN ADDITIONAL FIVE POINTS IN A COMPETITIVE EXAMINATION FOR PROMOTION IN THE SAME MUNICIPALITY IN WHICH HIS OR HER PARENT OR SIBLING HAS SERVED. (b) Such additional credit shall be added to the final earned rating of such child or sibling, as the case may be, after he or she has quali- fied in the competitive examination and shall be granted only at the time of establishment of the resulting eligible list. 3. Application for additional credit; proof of eligibility; establish- ment of eligible list. Any candidate, believing himself or herself enti- tled to additional credit in a competitive examination as provided in this section, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candi- dates shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish by appropriate documentary proof his or her eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date for filing applications for a competitive examination for original appointment OR PROMOTION, the eligible list resulting from such examination may be established, notwithstanding the fact that a child or sibling who has applied for additional credit has failed to establish his or her eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, his or her eligibility to receive addi- tional credit by the time an eligible list is established shall not thereafter be granted additional credit on such eligible list. 4. Use of additional credit. (a) Except as otherwise provided in this subdivision, no person who has received a permanent original appointment OR PERMANENT PROMOTION in the civil service of the state or of any city or civil division thereof from an eligible list on which he or she was allowed the additional credit granted by this section as a child or sibling, shall thereafter be entitled to any additional credit under this section as a child or sibling. (b) Where, at the time of establishment of an eligible list, the posi- tion of a child or sibling on such list has not been affected by the addition of credits granted under this section, the appointment OR PROMOTION of such child or sibling from such eligible list shall not be deemed to have been made from an eligible list on which he or she was allowed the additional credit granted by this section. (c) If, at the time of appointment from an eligible list, a child or sibling is in the same relative standing among the eligible persons who are willing to accept appointment as if he or she had not been granted the additional credits as provided by this section, his or her appoint- ment from such eligible persons shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits.
(d) Where a child or sibling has been originally appointed OR PROMOTED from an eligible list on which he or she was allowed such additional credit, but such appointment OR PROMOTION is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the probationary term, he or she shall not be deemed to have been appointed OR PROMOTED, as the case may be, from an eligible list on which he or she is allowed additional credit, and such appoint- ment OR PROMOTION shall not affect his or her eligibility for additional credit in other examinations. 5. Withdrawal of application; election to relinquish additional cred- it. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a child or sibling has received the additional credit granted by this section, such child or sibling may elect, prior to permanent original appointment OR PERMANENT PROMOTION, to relinquish the additional credit theretofore granted to him or her and accept the lower position on such eligible list to which he or she would otherwise have been entitled; provided, however, that such election shall there- after be irrevocable. Such election shall be in writing and signed by the child or sibling, and transmitted to the department or the appropri- ate municipal civil service commission. 6. Roster. The department and each municipal commission shall estab- lish and maintain in its office a roster of all such children and siblings appointed OR PROMOTED as a result of additional credits granted by this section to positions under its jurisdiction. The appointment OR PROMOTION of a child or sibling as a result of additional credits shall be void if such child or sibling, prior to such appointment OR PROMOTION, had been appointed OR PROMOTED as a result of additional credits granted by this section. S 4. This act shall take effect immediately.

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