S T A T E O F N E W Y O R K
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7256--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 26, 2009
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Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Governmental Employees -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil service law, in relation to granting addi-
tional credit to auxiliary police officers in competitive examinations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 6 of the civil service law,
as added by chapter 790 of the laws of 1958, is amended to read as
follows:
SPECIAL RIGHTS FOR VETERANS [AND], EXEMPT VOLUNTEER FIREMEN AND AUXIL-
IARY POLICE OFFICERS
S 2. The civil service law is amended by adding a new section 85-c to
read as follows:
S 85-C. ADDITIONAL CREDIT ALLOWED AUXILIARY POLICE OFFICERS IN
COMPETITIVE EXAMINATIONS. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) THE TERM "AUXILIARY POLICE OFFICER" SHALL MEAN A PERSON WHO
ACTIVELY PARTICIPATES AS AN AUXILIARY POLICE OFFICER OF AN AUXILIARY
POLICE ORGANIZATION ESTABLISHED BY A POLITICAL SUBDIVISION AND WHO HAS
RENDERED THREE YEARS OR MORE OF SATISFACTORY SERVICE IN SUCH POSITION.
(B) FOR THE PURPOSE 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 JURISDICTION IN WHICH
SUCH ABOLITION OR REDUCTION OCCURS.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08716-03-9
A. 7256--A 2
SUCH LIST, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF DETERMINING FINAL
EARNED RATINGS, AUXILIARY POLICE OFFICERS SHALL BE ENTITLED TO RECEIVE
IN A COMPETITIVE EXAMINATION FOR ORIGINAL APPOINTMENT AN ADDITIONAL FIVE
POINTS UPON THE CONDITION THAT SUCH AUXILIARY POLICE OFFICER AGREES TO
ACCEPT A POSITION OF EMPLOYMENT WITHIN THE CITY, TOWN OR VILLAGE OF HIS
OR HER RESIDENCE AT THE TIME OF APPOINTMENT.
(B) SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
OF SUCH AUXILIARY POLICE OFFICER 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
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 AN AUXILIARY POLICE OFFICER 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 OF CIVIL SERVICE. 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 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
AN AUXILIARY POLICE OFFICER SHALL THEREAFTER BE ENTITLED TO ANY ADDI-
TIONAL CREDIT UNDER THIS SECTION AS AN AUXILIARY POLICE OFFICER.
(B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE
POSITION OF AN AUXILIARY POLICE OFFICER ON SUCH LIST HAS NOT BEEN
AFFECTED BY THE ADDITION OF CREDITS GRANTED UNDER THIS SECTION, THE
APPOINTMENT OR PROMOTION OF SUCH AUXILIARY POLICE OFFICER 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, AN AUXILIA-
RY POLICE OFFICER 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 ADDI-
TIONAL CREDITS.
(D) WHERE AN AUXILIARY POLICE OFFICER HAS BEEN ORIGINALLY APPOINTED
OR PROMOTED FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED ADDI-
TIONAL CREDIT, BUT SUCH APPOINTMENT OR PROMOTION IS THEREAFTER TERMI-
NATED EITHER AT THE END OF THE PROBATIONARY TERM OR BY RESIGNATION AT OR
A. 7256--A 3
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
EXAMINATION IN WHICH AN AUXILIARY POLICE OFFICER HAS RECEIVED THE ADDI-
TIONAL CREDIT GRANTED BY THIS SECTION, SUCH AUXILIARY POLICE OFFICER 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 AUXILIARY POLICE OFFICER, AND TRANSMITTED TO
THE STATE CIVIL SERVICE DEPARTMENT OR THE APPROPRIATE MUNICIPAL CIVIL
SERVICE COMMISSION.
6. ROSTER. THE STATE CIVIL SERVICE DEPARTMENT AND EACH MUNICIPAL
COMMISSION SHALL ESTABLISH AND MAINTAIN IN ITS OFFICE A ROSTER OF ALL
AUXILIARY POLICE OFFICERS APPOINTED OR PROMOTED AS A RESULT OF ADDI-
TIONAL CREDITS GRANTED BY THIS SECTION TO POSITIONS UNDER ITS JURISDIC-
TION. THE APPOINTMENT OR PROMOTION OF AN AUXILIARY POLICE OFFICER AS A
RESULT OF ADDITIONAL CREDITS SHALL BE VOID IF SUCH AUXILIARY POLICE
OFFICER, PRIOR TO SUCH APPOINTMENT OR PROMOTION, HAD BEEN APPOINTED OR
PROMOTED AS A RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
S 3. This act shall take effect immediately.