S T A T E O F N E W Y O R K
________________________________________________________________________
1159
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
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Introduced by M. of A. SAYWARD, ERRIGO, BARRA, DUPREY, MOLINARO, WALKER,
GIGLIO -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BURLING,
BUTLER, CARROZZA, CONTE, CROUCH, FINCH, FITZPATRICK, HAYES, KOLB,
McKEVITT, OAKS, RAIA, REILICH, TEDISCO, THIELE, TOWNSEND, WRIGHT --
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 and volunteer ambulance work-
ers 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 AND VOLUN-
TEER AMBULANCE WORKERS IN COMPETITIVE EXAMINATIONS; PREFERENCE IN
RETENTION UPON ABOLITION OF POSITIONS. 1. DEFINITIONS. AS USED IN THIS
SECTION:
(A) THE TERM "VOLUNTEER FIREFIGHTER" SHALL HAVE THE SAME MEANING AS
ASCRIBED TO SUCH TERM IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS'
BENEFIT LAW.
(B) THE TERM "VOLUNTEER AMBULANCE WORKER" SHALL HAVE THE SAME MEANING
AS ASCRIBED TO SUCH TERM IN SECTION THREE OF THE VOLUNTEER AMBULANCE
WORKERS' 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 AND VOLUNTEER AMBULANCE WORKERS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03422-01-9
A. 1159 2
SHALL BE ENTITLED TO RECEIVE IN A COMPETITIVE EXAMINATION FOR ORIGINAL
APPOINTMENT AN ADDITIONAL FIVE POINTS.
(B) SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
OF SUCH VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER AFTER HE OR
SHE HAS QUALIFIED 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; ESTAB-
LISHMENT OF ELIGIBLE LIST. ANY CANDIDATE, BELIEVING HIMSELF OR HERSELF
ENTITLED TO ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION AS PROVIDED
HEREIN, 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 CANDIDATES
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 OR A VOLUNTEER AMBULANCE WORKER WHO
HAS APPLIED FOR ADDITIONAL CREDIT HAS FAILED TO ESTABLISH HIS OR HER
ELIGIBILITY TO RECEIVE SUCH ADDITIONAL CREDIT. A CANDIDATE MUST BE IN
GOOD STANDING AND SUCH EVIDENCE MUST BE CERTIFIED AND SUBMITTED AS
SUPPORTING DOCUMENTATION TO THE DEPARTMENT. 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 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 OR A VOLUNTEER AMBULANCE WORKER SHALL THEREAFTER
BE ENTITLED TO ANY ADDITIONAL CREDIT UNDER THIS SECTION AS A VOLUNTEER
FIREFIGHTER OR A VOLUNTEER AMBULANCE WORKER.
(B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE
POSITION OF A VOLUNTEER FIREFIGHTER OR A VOLUNTEER AMBULANCE WORKER ON
SUCH LIST HAS NOT BEEN AFFECTED BY THE ADDITION OF CREDITS GRANTED UNDER
THIS SECTION, THE APPOINTMENT OR PROMOTION OF SUCH VOLUNTEER FIREFIGHTER
OR SUCH VOLUNTEER AMBULANCE WORKER 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 OR A VOLUNTEER AMBULANCE WORKER 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 OR A VOLUNTEER AMBULANCE WORKER 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
A. 1159 3
CREDIT, AND SUCH APPOINTMENT 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 VOLUNTEER FIREFIGHTER OR A VOLUNTEER AMBULANCE
WORKER HAS RECEIVED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION, SUCH
VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER 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 AND SIGNED BY THE VOLUN-
TEER FIREFIGHTER OR THE VOLUNTEER AMBULANCE WORKER, 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 VOLUNTEER FIREFIGHTERS
AND VOLUNTEER AMBULANCE WORKERS APPOINTED OR PROMOTED AS A RESULT OF
ADDITIONAL CREDITS GRANTED BY THIS SECTION TO POSITIONS UNDER ITS JURIS-
DICTION. THE APPOINTMENT OR PROMOTION OF A VOLUNTEER FIREFIGHTER OR A
VOLUNTEER AMBULANCE WORKER AS A RESULT OF ADDITIONAL CREDITS SHALL BE
VOID IF SUCH VOLUNTEER FIREFIGHTER OR VOLUNTEER AMBULANCE WORKER, PRIOR
TO SUCH APPOINTMENT OR PROMOTION, HAD BEEN APPOINTED OR PROMOTED AS A
RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
S 2. This act shall take effect immediately.