S T A T E O F N E W Y O R K
________________________________________________________________________
1627
2017-2018 Regular Sessions
I N S E N A T E
January 10, 2017
___________
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:
§ 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
S. 1627 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
S. 1627 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-
S. 1627 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:
S. 1627 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
S. 1627 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.