Senate Bill S5744

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

                                 5744--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON, ADAMS, MONSERRATE -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Civil Service and Pensions -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the civil service law, in relation to appointments from
  eligible lists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4 of section 23 of the civil service law, as
amended by chapter 647 of the laws  of  1995,  is  amended  to  read  as
follows:
  4.  Use of state and county eligible lists by municipal commissions. A
municipal commission, in the absence of an eligible list of its own, may
request the state civil service department, county civil service commis-
sion or county personnel officer to furnish it with the names of persons
on an appropriate eligible list established by the  department,  commis-
sion  or  personnel  officer,  which,  if  so requested by the municipal
commission, shall be limited to residents of the city, or town or  civil
division  in  which  appointments are to be made, or to residents of the
county or judicial district in which such city, town or  civil  division
is  located,  or to any reasonable combination of political subdivisions
both in and outside of New York state contiguous to the  city  or  civil
division  in  which appointment is to be made or contiguous to the poli-
tical subdivision in which such  city  or  civil  division  is  located.
PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICI-
PAL  COMMISSION  FROM USING ALTERNATE LISTS FOR THE FILLING OF VACANCIES
BY BOTH RESIDENT AND NON-RESIDENT MINORITY GROUP MEMBERS, AS DEFINED  BY
SECTION  THREE  HUNDRED  TEN OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO
ACHIEVE DIVERSITY IN THE WORKFORCE. Such municipal commission may certi-
fy such names for appointment to a position under  its  jurisdiction  in
the  same  manner  as certifications are made from the eligible lists of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07300-03-9
              

S. 5744--A                          2

such commission. If the state civil  service  department,  county  civil
service commission or county personnel officer, upon the request of such
commission, has certified an appropriate eligible list to fill a partic-
ular  position,  such list shall continue to be used until superseded by
an eligible list established by such municipal commission for such posi-
tion, or until such list expires or is exhausted or is otherwise  termi-
nated.
  S  2.  Subdivisions 1 and 2 of section 56 of the civil service law, as
amended by chapter 411 of the laws of  1993,  are  amended  to  read  as
follows:
  1.  The  duration  of an eligible list shall be fixed at not less than
one nor more than four years; provided that, except for lists promulgat-
ed for police officer positions in jurisdictions other than the city  of
New  York, in the event that a restriction against the filling of vacan-
cies exists in any jurisdiction, the state civil service  department  or
municipal commission having jurisdiction shall, in the discretion of the
department or commission, extend the duration of any eligible list for a
period  equal  to  the length of such restriction against the filling of
vacancies.  Restriction against the filling of vacancies shall mean  any
policy,  whether  by  executive  order or otherwise, which, because of a
financial emergency, prevents or limits the filling of  vacancies  in  a
title  for  which  a list has been promulgated.  PROVIDED, HOWEVER, THAT
NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICIPAL COMMISSION FROM USING
ALTERNATE LISTS FOR THE  FILLING  OF  VACANCIES  BY  BOTH  RESIDENT  AND
NON-RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY SECTION THREE HUNDRED
TEN OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE
WORKFORCE.  An  eligible list that has been in existence for one year or
more shall terminate upon the establishment of an appropriate new  list,
unless  otherwise  prescribed  by  the state civil service department or
municipal commission having jurisdiction.
  2. Notwithstanding subdivision one of this section,  the  duration  of
eligible  lists established on or before December thirty-first, nineteen
hundred ninety-six, shall be fixed at not less than one  nor  more  than
four years; provided that, except for lists promulgated for police offi-
cer  positions  in jurisdictions other than the city of New York, in the
event that a restriction against the filling of vacancies exists in  any
jurisdiction, the state civil service department or municipal commission
having  jurisdiction  shall,  in  the  discretion  of  the department or
commission, extend the duration of any such eligible list for  a  period
equal  to  the  length of such restriction against the filling of vacan-
cies. Restriction against the filling of vacancies shall mean any  poli-
cy,  whether  by  executive order or otherwise, which prevents or limits
the filling of vacancies in a title for  which  such  a  list  has  been
promulgated.  PROVIDED,  HOWEVER,  THAT  NOTHING  CONTAINED HEREIN SHALL
PREVENT A MUNICIPAL COMMISSION FROM USING ALTERNATE LISTS FOR THE  FILL-
ING  OF  VACANCIES  BY  BOTH  RESIDENT  AND  NON-RESIDENT MINORITY GROUP
MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN OF THE  EXECUTIVE  LAW,
AND  WOMEN  IN  ORDER TO ACHIEVE DIVERSITY IN THE WORKFORCE. An eligible
list that has been in existence for one year  or  more  shall  terminate
upon  the  establishment  of  an  appropriate new list, unless otherwise
prescribed by the state civil service department or municipal commission
having jurisdiction.
  S 3. This act shall take effect immediately.

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

                                 5744--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sens. HASSELL-THOMPSON, ADAMS, PERKINS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Civil  Service  and  Pensions  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to the Committee on Civil Service and Pensions in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the civil service law, in relation to appointments  from
  eligible lists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 23 of the civil  service  law,  as
amended  by  chapter  647  of  the  laws  of 1995, is amended to read as
follows:
  4. Use of state and county eligible lists by municipal commissions.  A
municipal commission, in the absence of an eligible list of its own, may
request the state civil service department, county civil service commis-
sion or county personnel officer to furnish it with the names of persons
on  an  appropriate eligible list established by the department, commis-
sion or personnel officer, which,  if  so  requested  by  the  municipal
commission,  shall be limited to residents of the city, or town or civil
division in which appointments are to be made, or to  residents  of  the
county  or  judicial district in which such city, town or civil division
is located, or to any reasonable combination of  political  subdivisions
both  in  and  outside of New York state contiguous to the city or civil
division in which appointment is to be made or contiguous to  the  poli-
tical  subdivision  in  which  such  city  or civil division is located.
PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICI-
PAL COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT NOT LIMITED  TO
THE  COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH RESIDENT AND NON-
RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY SECTION THREE HUNDRED TEN
OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO  ACHIEVE  DIVERSITY  IN  THE
WORKFORCE. Such municipal commission may certify such names for appoint-
ment  to a position under its jurisdiction in the same manner as certif-

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07300-07-0

S. 5744--B                          2

ications are made from the eligible lists of  such  commission.  If  the
state civil service department, county civil service commission or coun-
ty personnel officer, upon the request of such commission, has certified
an  appropriate  eligible  list to fill a particular position, such list
shall continue to be used until superseded by an  eligible  list  estab-
lished  by  such  municipal  commission for such position, or until such
list expires or is exhausted or is otherwise terminated.
  S 2. Subdivisions 1 and 2 of section 56 of the civil service  law,  as
amended  by  chapter  411  of  the  laws of 1993, are amended to read as
follows:
  1. The duration of an eligible list shall be fixed at  not  less  than
one nor more than four years; provided that, except for lists promulgat-
ed  for police officer positions in jurisdictions other than the city of
New York, in the event that a restriction against the filling of  vacan-
cies  exists  in any jurisdiction, the state civil service department or
municipal commission having jurisdiction shall, in the discretion of the
department or commission, extend the duration of any eligible list for a
period equal to the length of such restriction against  the  filling  of
vacancies.   Restriction against the filling of vacancies shall mean any
policy, whether by executive order or otherwise,  which,  because  of  a
financial  emergency,  prevents  or limits the filling of vacancies in a
title for which a list has been promulgated.   PROVIDED,  HOWEVER,  THAT
NOTHING CONTAINED HEREIN SHALL PREVENT A MUNICIPAL COMMISSION FROM USING
ALTERNATE  LISTS,  INCLUDING BUT NOT LIMITED TO THE COUNTY LIST, FOR THE
FILLING OF VACANCIES BY BOTH RESIDENT AND  NON-RESIDENT  MINORITY  GROUP
MEMBERS,  AS  DEFINED BY SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW,
AND WOMEN IN ORDER TO ACHIEVE DIVERSITY IN THE  WORKFORCE.  An  eligible
list  that  has  been  in existence for one year or more shall terminate
upon the establishment of an  appropriate  new  list,  unless  otherwise
prescribed by the state civil service department or municipal commission
having jurisdiction.
  2.  Notwithstanding  subdivision  one of this section, the duration of
eligible lists established on or before December thirty-first,  nineteen
hundred  ninety-six,  shall  be fixed at not less than one nor more than
four years; provided that, except for lists promulgated for police offi-
cer positions in jurisdictions other than the city of New York,  in  the
event  that a restriction against the filling of vacancies exists in any
jurisdiction, the state civil service department or municipal commission
having jurisdiction shall,  in  the  discretion  of  the  department  or
commission,  extend  the duration of any such eligible list for a period
equal to the length of such restriction against the  filling  of  vacan-
cies.  Restriction against the filling of vacancies shall mean any poli-
cy, whether by executive order or otherwise, which  prevents  or  limits
the  filling  of  vacancies  in  a  title for which such a list has been
promulgated. PROVIDED, HOWEVER,  THAT  NOTHING  CONTAINED  HEREIN  SHALL
PREVENT A MUNICIPAL COMMISSION FROM USING ALTERNATE LISTS, INCLUDING BUT
NOT  LIMITED  TO  THE  COUNTY LIST, FOR THE FILLING OF VACANCIES BY BOTH
RESIDENT AND NON-RESIDENT MINORITY GROUP MEMBERS, AS DEFINED BY  SECTION
THREE  HUNDRED  TEN  OF THE EXECUTIVE LAW, AND WOMEN IN ORDER TO ACHIEVE
DIVERSITY IN THE WORKFORCE. An eligible list that has been in  existence
for one year or more shall terminate upon the establishment of an appro-
priate  new list, unless otherwise prescribed by the state civil service
department or municipal commission having jurisdiction.
  S 3. This act shall take effect immediately.