S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4037

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of A. GABRYSZAK, GORDON -- read once and referred to
  the Committee on Governmental Employees

AN ACT to amend the civil service law, in  relation  to  granting  addi-
  tional  credit  to  volunteer firefighters in competitive examinations
  and authorizing a  preference  in  retention  upon  the  abolition  of
  certain positions

  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 CREDIT ALLOWED VOLUNTEER FIREFIGHTERS IN COMPET-
ITIVE EXAMINATIONS; PREFERENCE IN RETENTION UPON ABOLITION OF POSITIONS.
1. DEFINITIONS.   THE TERM "VOLUNTEER  FIREFIGHTER",  AS  USED  IN  THIS
SECTION,  SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO THE TERM "VOLUN-
TEER FIREMAN" IN SECTION THREE OF THE  VOLUNTEER  FIREFIGHTERS'  BENEFIT
LAW.
  2.    ADDITIONAL  CREDITS  IN  COMPETITIVE  EXAMINATIONS  FOR ORIGINAL
APPOINTMENT OR PROMOTION.
  (A)  ON ALL ELIGIBLE LISTS RESULTING  FROM  COMPETITIVE  EXAMINATIONS,
THE NAMES OF ELIGIBLES SHALL BE ENTERED IN THE ORDER OF THEIR RESPECTIVE
FINAL  EARNED RATINGS ON EXAMINATION, WITH THE NAME OF THE ELIGIBLE WITH
THE HIGHEST FINAL EARNED RATING AT THE  HEAD  OF  SUCH  LIST;  PROVIDED,
HOWEVER,  THAT,  FOR  THE  PURPOSE  OF DETERMINING FINAL EARNED RATINGS,
VOLUNTEER FIREFIGHTERS SHALL BE ENTITLED TO RECEIVE,  IN  A  COMPETITIVE
EXAMINATION  FOR  ORIGINAL APPOINTMENT, AN ADDITIONAL TWO POINTS FOR TEN
YEARS OF SERVICE AS A VOLUNTEER  FIREFIGHTER,  FOUR  POINTS  FOR  TWENTY
YEARS  OF SUCH SERVICE, AND FIVE POINTS FOR TWENTY-FIVE YEARS OR MORE OF
SUCH SERVICE; AND, IN A COMPETITIVE EXAMINATION FOR PROMOTION, AN  ADDI-
TIONAL  ONE  POINT  FOR TEN YEARS OF SERVICE AS A VOLUNTEER FIREFIGHTER,
TWO POINTS FOR TWENTY YEARS OF SUCH SERVICE, AND TWO AND ONE-HALF POINTS
FOR TWENTY-FIVE YEARS OR MORE OF SUCH SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03422-02-9
              

A. 4037                             2

  (B)  SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED  RATING
OF  SUCH  VOLUNTEER  FIREFIGHTER  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; ESTAB-
LISHMENT OF ELIGIBLE LIST.  ANY CANDIDATE, BELIEVING HIMSELF OR  HERSELF
ENTITLED  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.   A  CANDIDATE
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  ESTAB-
LISH,  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 VOLUNTEER FIREFIGHTER  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 SECTION, NO PERSON WHO HAS RECEIVED A PERMANENT  ORIGINAL  APPOINT-
MENT  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
VOLUNTEER FIREFIGHTER SHALL THEREAFTER BE  ENTITLED  TO  ANY  ADDITIONAL
CREDIT UNDER THIS SECTION AS A VOLUNTEER FIREFIGHTER.
  (B)    WHERE,  AT  THE  TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE
POSITION OF A VOLUNTEER FIREFIGHTER ON SUCH LIST HAS NOT  BEEN  AFFECTED
BY  THE  ADDITION OF CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT
OR PROMOTION OF SUCH VOLUNTEER FIREFIGHTER 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 VOLUNTEER
FIREFIGHTER IS IN THE SAME RELATIVE STANDING AMONG THE ELIGIBLES WHO ARE
WILLING TO ACCEPT APPOINTMENT AS IF HE OR SHE HAD NOT BEEN  GRANTED  THE
ADDITIONAL CREDITS PROVIDED BY THIS SECTION, HIS OR HER APPOINTMENT FROM
AMONG  SUCH  ELIGIBLES  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 VOLUNTEER FIREFIGHTER HAS BEEN  ORIGINALLY  APPOINTED  OR
PROMOTED FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED 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 WAS 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

A. 4037                             3

EXAMINATION IN WHICH A VOLUNTEER FIREFIGHTER HAS RECEIVED THE ADDITIONAL
CREDIT  GRANTED  BY  THIS SECTION, SUCH VOLUNTEER FIREFIGHTER 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  THEREAFTER  BE  IRREVOCABLE.   SUCH ELECTION SHALL BE IN WRITING,
SIGNED BY THE VOLUNTEER FIREFIGHTER, AND TRANSMITTED TO THE STATE  CIVIL
SERVICE  DEPARTMENT  OR  THE APPROPRIATE MUNICIPAL CIVIL SERVICE COMMIS-
SION.
  6.  ROSTER.  THE STATE CIVIL SERVICE  DEPARTMENT  AND  EACH  MUNICIPAL
COMMISSION  SHALL  ESTABLISH  AND MAINTAIN IN ITS OFFICE A ROSTER OF ALL
VOLUNTEER FIREFIGHTERS APPOINTED OR PROMOTED AS A RESULT  OF  ADDITIONAL
CREDITS  GRANTED  BY  THIS  SECTION TO POSITIONS UNDER ITS JURISDICTION.
THE APPOINTMENT OR PROMOTION OF A VOLUNTEER FIREFIGHTER AS A  RESULT  OF
ADDITIONAL CREDITS SHALL BE VOID IF SUCH VOLUNTEER FIREFIGHTER, PRIOR TO
SUCH  APPOINTMENT  OR  PROMOTION,  HAD  BEEN  APPOINTED OR PROMOTED AS A
RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
  7.  PREFERENCE IN RETENTION UPON THE ABOLITION OF POSITIONS.   IN  THE
EVENT  OF  THE  ABOLITION  OR  ELIMINATION  OF ANY POSITION IN THE CIVIL
SERVICE FOR WHICH ELIGIBLE LISTS ARE ESTABLISHED  OR  ANY  POSITION  THE
INCUMBENT  OF  WHICH IS ENCOMPASSED BY SECTION EIGHTY-A OF THIS CHAPTER,
ANY SUSPENSION, DEMOTION, OR DISPLACEMENT SHALL BE MADE IN  THE  INVERSE
ORDER  OF THE DATE OF ORIGINAL APPOINTMENT IN THE SERVICE SUBJECT TO THE
FOLLOWING CONDITIONS: (A) BLIND  EMPLOYEES  SHALL  BE  GRANTED  ABSOLUTE
PREFERENCE  IN  RETENTION; (B) THE DATE OF SUCH ORIGINAL APPOINTMENT FOR
VOLUNTEER FIREFIGHTERS SHALL BE DEEMED TO BE SIXTY MONTHS  EARLIER  THAN
THE  ACTUAL  DATE,  DETERMINED  IN ACCORDANCE WITH SECTION THIRTY OF THE
GENERAL CONSTRUCTION LAW; (C) NO PERMANENT COMPETITIVE  CLASS  EMPLOYEE,
SUBJECT  TO THE JURISDICTION OF THE CIVIL SERVICE COMMISSION OF THE CITY
OF NEW YORK, WHO RECEIVES AN INJURY IN  THE LINE OF DUTY, AS DEFINED  IN
THIS SUBDIVISION, WHICH REQUIRES IMMEDIATE HOSPITALIZATION, AND WHICH IS
NOT   COMPENSABLE  THROUGH  WORKERS'  COMPENSATION,  MAY  BE  SUSPENDED,
DEMOTED, OR DISPLACED PURSUANT TO SECTION EIGHTY OF THIS CHAPTER  WITHIN
THREE  MONTHS  OF  THE  DATE  OF  HIS  OR HER CONFINEMENT; PROVIDED THAT
MEDICAL AUTHORITIES APPROVED BY SUCH COMMISSION SHALL CERTIFY  THAT  THE
EMPLOYEE  IS  NOT  ABLE  TO  PERFORM  THE DUTIES OF HIS OR HER POSITION;
PROVIDED FURTHER THAT SUCH THREE-MONTH PERIOD MAY BE  EXTENDED  BY  SUCH
COMMISSION  FOR  ADDITIONAL PERIODS NOT TO EXCEED ONE YEAR EACH UPON THE
CERTIFICATION OF MEDICAL AUTHORITIES SELECTED BY  SUCH  COMMISSION  THAT
THE  EMPLOYEE  IS,  AS  A RESULT OF HIS OR HER INJURY, STILL NOT ABLE TO
PERFORM THE DUTIES OF HIS OR HER POSITION.   AN INJURY IN  THE  LINE  OF
DUTY,  AS USED IN THIS SUBDIVISION, SHALL BE CONSTRUED TO MEAN AN INJURY
WHICH IS INCURRED AS A DIRECT RESULT OF THE LAWFUL  PERFORMANCE  OF  THE
DUTIES  OF  THE POSITION.  IN DETERMINING WHETHER AN INJURY WAS RECEIVED
IN THE LINE OF DUTY, SUCH COMMISSION SHALL REQUIRE THE HEAD OF THE AGEN-
CY BY WHICH THE EMPLOYEE IS EMPLOYED TO  CERTIFY  THAT  THE  INJURY  WAS
RECEIVED  AS A DIRECT RESULT OF THE LAWFUL PERFORMANCE OF THE EMPLOYEE'S
DUTIES; AND (D) THE DATE OF SUCH ORIGINAL APPOINTMENT FOR THE SPOUSE  OF
A  VOLUNTEER FIREFIGHTER SHALL BE DEEMED TO BE SIXTY MONTHS EARLIER THAN
THE ACTUAL DATE, DETERMINED IN ACCORDANCE WITH  SECTION  THIRTY  OF  THE
GENERAL CONSTRUCTION LAW; PROVIDED THAT THE SPOUSE IS DOMICILED WITH THE
VOLUNTEER  FIREFIGHTER-SPOUSE  AND  IS  THE HEAD OF THE HOUSEHOLD.  THIS
SECTION SHALL NOT BE CONSTRUED AS CONFERRING ANY ADDITIONAL BENEFIT UPON
SUCH EMPLOYEE OTHER THAN A PREFERENCE IN RETENTION.  SUCH EMPLOYEE SHALL

A. 4037                             4

BE SUBJECT TO TRANSFER UPON THE ABOLITION OF HIS OR HER FUNCTION  WITHIN
HIS OR HER AGENCY OR DEPARTMENT.
  8.    FOR  THE PURPOSE OF SUBDIVISION SEVEN OF THIS SECTION, THE TERMS
"DATE OF ORIGINAL APPOINTMENT" AND "DATE OF ORIGINAL APPOINTMENT IN  THE
SERVICE" SHALL MEAN, FOR PERSONS SUBJECT TO SUBDIVISION ONE-A OF SECTION
EIGHTY  OF THIS CHAPTER, THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT
BASIS IN THE GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL JURISDIC-
TION IN WHICH SUCH ABOLITION OR REDUCTION OCCURS.
  9.  PENALTY FOR DENIAL OF PREFERENCE IN RETENTION.  A REFUSAL TO ALLOW
THE PREFERENCE IN RETENTION PROVIDED FOR IN THIS SECTION TO  ANY  VOLUN-
TEER  FIREFIGHTER  OR A REDUCTION OF HIS OR HER COMPENSATION INTENDED TO
BRING ABOUT HIS OR HER RESIGNATION IS DEEMED A MISDEMEANOR, AND ANY SUCH
VOLUNTEER FIREFIGHTER SHALL HAVE A RIGHT OF ACTION THEREFOR IN ANY COURT
OF COMPETENT JURISDICTION FOR DAMAGES AND FOR RIGHTING THE WRONG.
  S 2. This act shall take effect immediately.