S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2080
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 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:
   § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04214-01-7

 A. 2080                             2
 
 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

 A. 2080                             3
 
 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.
   § 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-

 A. 2080                             4

 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.
   § 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:

 A. 2080                             5
 
   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

 A. 2080                             6
 
 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.
   § 4. This act shall take effect immediately.