Provides that the maximum age requirement of thirty-five years shall not apply to any police officer of any political subdivision maintaining a police department serving a population of three thousand or less if the eligible list has been exhausted and there are no other eligible candidates; provided, however, the police officer themselves are on the eligible list of such county, town, city or village and meet all other requirements of merit and fitness set forth in the civil service law.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, 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, Parker, Peralta, Perkins, Ranzenhofer, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Sanders
Excused (2): Diaz, Ritchie
TITLE OF BILL: An act to amend the civil service law, in relation to eligibility for permanent appointment of certain police officers
PURPOSE: This bill removes particular eligibility requirements for permanent appointment of certain police officers.
SUMMARY OF PROVISIONS: Section 1 - amends subparagraphs (ii) and (Hi) of paragraph (a) of subdivision 1 of section 58 of the civil service law. Makes the maximum age requirement of thirty-five years not applicable to any officer, who was employed by the Buffalo municipal housing authority from January 1, 2005 - June 30 if they take the next written exam offered. The maximum age requirement of 35 years is also lifted for any officer when the eligibility list has been exhausted and no other candidates are eligible as long as these officers are on said list, remain fit and have not passed the age of 39.
Section 1 - also adds new subparagraph (iv). Makes the age requirement of 35 inapplicable to any officer of any political subdivision maintaining a police department that serves a population of 3,000 or less, if the eligible list has been exhausted, there are no other eligible candidates, and the officer has met all other merit and fitness requirements.
JUSTIFICATION: For small localities of New York, it is difficult to continue to maintain a qualified workforce and insure the ample service that their communities depend on due to some job eligibility requirements. Due to the age and residency requirement, it's often an uphill battle to make sure that essential positions are filled with qualified candidates. These localities have to choose from a much smaller applicant pool since their populations are no where near as large as -other political subdivisions.
This bill allows localities to fill this hiring void and allows them an easier time when appointing candidates from part time employment to full time. Thus, insuring the most capable workforce to service the community.
PRIOR LEGISLATIVE HISTORY: S.7438 - Committed to Rules
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 976 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. LIBOUS -- 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 eligibility for permanent appointment of certain police officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs (ii) and (iii) of paragraph (a) of subdivi- sion 1 of section 58 of the civil service law, as amended by chapter 346 of the laws of 2008, are amended and a new subparagraph (iv) is added to read as follows: (ii) such maximum age requirement of thirty-five years shall not apply to any police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, who was continuously employed by the Buffalo municipal housing authority between January first, two thousand five and June thirtieth, two thousand five and who takes the next writ- ten exam offered after the effective date of this subparagraph by the city of Buffalo civil service commission for employment as a police officer in the city of Buffalo police department, or June thirtieth, two thousand six, whichever is later;
[and](iii) such maximum age requirement of thirty-five years shall not apply to any police officer of any county, town, city or village police force not otherwise provided for in this section if the eligible list has been exhausted and there are no other eligible candidates; provided, however, the police officer themselves are on the eligible list of such county, town, city or village and meet all other requirements of merit and fitness set forth by this chapter and do not exceed the maximum age of thirty-nine; AND (IV) SUCH MAXIMUM AGE REQUIREMENT OF THIRTY-FIVE YEARS SHALL NOT APPLY TO ANY POLICE OFFICER OF ANY POLITICAL SUBDIVISION MAINTAINING A POLICE DEPARTMENT SERVING A POPULATION OF THREE THOUSAND OR LESS IF THE ELIGI-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05272-01-3 S. 976 2
BLE LIST HAS BEEN EXHAUSTED AND THERE ARE NO OTHER ELIGIBLE CANDIDATES; PROVIDED, HOWEVER, THE POLICE OFFICER MEETS ALL OTHER REQUIREMENTS OF MERIT AND FITNESS SET FORTH BY THIS CHAPTER; S 2. This act shall take effect immediately.