Relates to additional credits for certain persons on exams.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
TITLE OF BILL: An act to amend the civil service law, in relation to granting additional credits on competitive examinations for the children of emergency medical technicians killed in the line of duty
PURPOSE: This bill would provide additional credits to the children of emergency medical technicians and paramedics killed in the line of duty from participation in the rescue effort of the World Trade Center attack on September 11, 2001.
SUMMARY OF PROVISIONS: Creates a new section of Civil Service Law §85-c which would provide an additional 10 points on competitive exams for original appointments of children of former employees of the Fire Department of the City of New York employed as EMTs and Paramedics killed in the line of duty in connection with the rescue efforts of the World Trade Center Attack.
EXISTING LAW: Chapter 495 of 2002 provided that children of firefighters and police officers killed in the line of duty shall be granted additional credits for original appointment. Chapter 495 provides 10 additional points in a competitive examination for original appointment in the same municipality in which his or her parent has served.
JUSTIFICATION: Among the many tragedies associated with September 11, 2001, were the death of two FDNY Paramedics at the World Trade Center - Ricardo Quinn and Carlos Lillo.
Although paramedics are FDNY personnel, their children are not afforded the same civil service points that are provided to firefighters' children. As a result, the child of the late paramedic Quinn who is currently seeking a position with FDNY is being denied these legacy points.
The bill requires that the applicant has qualified in the competitive exam and points are only granted at the time of the establishment of the resulting eligible list, thus ensuring that the merit and fitness requirements of the Constitution are met. Additionally this is a closed group that was inadvertently omitted from the original chapter of law.
This bill would redress the immediate need and provide equity to the Lillo and Quinn families.
LEGISLATIVE HISTORY: 2010 Session: New Legislation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
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: Section 1. The civil service law is amended by adding a new section 85-c to read as follows: S 85-C. ADDITIONAL CREDITS ALLOWED THE CHILDREN OF EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS KILLED IN THE LINE OF DUTY. 1. DEFINITIONS. (A) AS USED IN THIS SECTION, "KILLED IN THE LINE OF DUTY" SHALL MEAN HAVING DIED IN THE PERFORMANCE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF THE WORLD TRADE CENTER ATTACK ON SEPTEMBER ELEVENTH, TWO THOU- SAND ONE OR AS THE NATURAL AND PROXIMATE RESULT OF PARTICIPATION IN THE RESCUE EFFORT THAT WAS CONDUCTED IN RESPONSE TO SUCH ATTACK. (B) AS USED IN THIS SECTION "EMERGENCY MEDICAL TECHNICIAN" SHALL MEAN A PERSON WHO WAS EMPLOYED BY THE CITY OF NEW YORK OR BY THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION IN A TITLE WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECH- NICIAN (AS THOSE TERMS ARE DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW), OR IN A TITLE WHOSE DUTIES REQUIRE THE SUPERVISION OF EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN (AS THOSE TERMS ARE DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW). 2. ADDITIONAL CREDIT AUTHORIZED. ADDITIONAL CREDITS SHALL BE ALLOWED CHILDREN OF EMERGENCY MEDICAL TECHNICIANS KILLED IN THE LINE OF DUTY IN COMPETITIVE EXAMINATIONS FOR ORIGINAL APPOINTMENT. (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 OF EMERGENCY MEDICAL TECHNICIANS KILLED IN THE LINE OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16008-02-0 S. 7075 2
DUTY SHALL BE ENTITLED TO RECEIVE AN ADDITIONAL TEN POINTS IN A COMPET- ITIVE EXAMINATION FOR ORIGINAL APPOINTMENT IN THE SAME MUNICIPALITY IN WHICH HIS OR HER PARENT HAS SERVED. (B) SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING OF SUCH CHILD, AS THE CASE MAY BE, AFTER HE OR SHE HAS QUALIFIED IN THE COMPETITIVE EXAMINATION AND SHALL BE GRANTED ONLY AT THE TIME OF ESTAB- LISHMENT 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, THE ELIGIBLE LIST RESULTING FROM SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING THE FACT THAT A CHILD 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 ADDITIONAL 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 IN THE CIVIL SERVICE OF THE STATE OR OF ANY CITY OR CIVIL DIVISION THER- EOF FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION AS A CHILD, SHALL THEREAFTER BE ENTITLED TO ANY ADDITIONAL CREDIT UNDER THIS SECTION AS A CHILD. (B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE POSI- TION OF A CHILD ON SUCH LIST HAS NOT BEEN AFFECTED BY THE ADDITION OF CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT OF SUCH CHILD FROM SUCH ELIGIBLE LIST SHALL NOT BE DEEMED TO HAVE BEEN MADE FROM AN ELIGI- BLE 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 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 ADDI- TIONAL CREDITS AS PROVIDED BY THIS SECTION, HIS OR HER APPOINTMENT 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 HAS BEEN ORIGINALLY APPOINTED FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED SUCH ADDITIONAL CREDIT, BUT SUCH APPOINT- MENT 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, AS THE CASE MAY BE, FROM AN ELIGIBLE LIST ON WHICH HE OR SHE IS ALLOWED ADDITIONAL CREDIT, AND SUCH APPOINTMENT 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 DURINGS. 7075 3
THE TERM OF EXISTENCE OF AN ELIGIBLE LIST RESULTING FROM A COMPETITIVE EXAMINATION IN WHICH A CHILD HAS RECEIVED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION, SUCH CHILD MAY ELECT, PRIOR TO PERMANENT ORIGINAL APPOINTMENT, TO RELINQUISH THE ADDITIONAL CREDIT THERETOFORE GRANTED TO HIM OR HER AND EXCEPT THE LOWER POSITION ON SUCH ELIGIBLE LIST TO WHICH HE OR SHE WOULD OTHERWISE HAVE BEEN ENTITLED; PROVIDED, HOWEVER, THAT SUCH ELECTION SHALL THEREAFTER BE IRREVOCABLE. SUCH ELECTION SHALL BE IN WRITING AND SIGNED BY THE CHILD, AND TRANSMITTED TO THE DEPARTMENT OR THE APPROPRIATE 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 APPOINTED AS A RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION TO POSITIONS UNDER ITS JURISDICTION. THE APPOINTMENT OF A CHILD AS A RESULT OF ADDI- TIONAL CREDITS SHALL BE VOID IF SUCH CHILD, PRIOR TO SUCH APPOINTMENT, HAD BEEN APPOINTED AS A RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION. S 2. This act shall take effect immediately.