S T A T E   O F   N E W   Y O R K
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                                  10523

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT to amend the civil service law,  in  relation  to  employment  of
  veterans with disabilities by municipalities

  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
55-d to read as follows:
  S 55-D. EMPLOYMENT OF VETERANS WITH DISABILITIES BY MUNICIPALITIES. 1.
MUNICIPAL CIVIL SERVICE COMMISSIONS IN THE STATE MAY, BY RULE, DETERMINE
A  PRESCRIBED  NUMBER OF POSITIONS, NOT TO EXCEED TWO HUNDRED POSITIONS,
WITH DUTIES WHICH CAN BE PERFORMED BY  DISABLED  VETERANS  AND  VETERANS
WITH DISABILITIES WHO ARE FOUND OTHERWISE QUALIFIED, IN THE MANNER HERE-
AFTER PRESCRIBED, TO PERFORM SATISFACTORILY THE DUTIES OF ANY SUCH POSI-
TION.
  2.  UPON SUCH DETERMINATION, THE SAID POSITIONS SHALL BE CLASSIFIED IN
THE NON-COMPETITIVE CLASS, AND MAY BE FILLED ONLY  BY  VETERANS  OF  THE
ARMED FORCES OF THE UNITED STATES WHO SERVED THEREIN DURING TIME OF WAR,
AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHTY-FIVE OF
THIS  CHAPTER, AND (A) WHO ESTABLISH BY APPROPRIATE DOCUMENTARY EVIDENCE
THAT THEY ARE DISABLED VETERANS, AS DEFINED IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF SECTION EIGHTY-FIVE OF THIS CHAPTER, OR (B) BY THOSE  VETER-
ANS,  AS  DEFINED  IN  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION
EIGHTY-FIVE OF THIS CHAPTER, WHO SHALL HAVE BEEN CERTIFIED BY EITHER THE
COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED IN THE  STATE  DEPART-
MENT  OF  SOCIAL  SERVICES AS PHYSICALLY DISABLED BY BLINDNESS OR BY THE
STATE EDUCATION DEPARTMENT AS OTHERWISE PHYSICALLY OR MENTALLY  DISABLED
AND, IN ANY EVENT, QUALIFIED TO PERFORM SATISFACTORILY THE DUTIES OF ANY
SUCH POSITION. PRIORITY IN CERTIFICATION AND REFERRAL OF BOTH SUCH DISA-
BLED VETERANS AND CERTIFIED DISABLED BUT CAPABLE VETERANS SHALL BE GIVEN
TO  THOSE  VETERANS WHO RECEIVED A WOUND IN COMBAT, AS DOCUMENTED BY THE
AWARDING OF THE PURPLE HEART, AS AUTHORIZED BY THE UNITED STATES DEPART-
MENT OF DEFENSE, AND THAT WOUND IS THE  CAUSE  OF,  OR  A  SUBSTANTIALLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15937-01-0
              

A. 10523                            2

CONTRIBUTING FACTOR TO, THE DEGREE OF IMPAIRMENT, WHO OTHERWISE MEET THE
REQUIREMENTS OF THIS SECTION.
  3.  PRIOR  TO  MAKING  CERTIFICATION OF DISABLED VETERANS AND VETERANS
WITH DISABILITIES FOR ANY SUCH POSITION, THE COMMISSION  FOR  THE  BLIND
AND  VISUALLY HANDICAPPED IN THE CASE OF VETERANS PHYSICALLY DISABLED BY
BLINDNESS OR THE STATE EDUCATION DEPARTMENT  IN  THE  CASE  OF  VETERANS
OTHERWISE  PHYSICALLY  OR MENTALLY DISABLED SHALL OBTAIN FROM THE APPRO-
PRIATE MUNICIPAL CIVIL SERVICE COMMISSION A DETAILED DESCRIPTION OF  ALL
DUTIES OF THE POSITION, AND SHALL INVESTIGATE THE EXTENT OF THE DISABIL-
ITY  BY EXAMINATION OF ANY SUCH PERSON OR OTHERWISE, AND SHALL DETERMINE
AND REPORT ITS FINDINGS TO THE APPROPRIATE CIVIL SERVICE COMMISSION,  AS
TO  THE  ABILITY  OF  THE  DISABLED PERSON TO PERFORM THE DUTIES OF SUCH
POSITION. SUCH FINDINGS SHALL BE GIVEN DUE CONSIDERATION BY THE  MUNICI-
PAL CIVIL SERVICE COMMISSION.
  4.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MUNICIPAL COMMISSION
SHALL AFFORD EMPLOYEES IN THE SERVICE OF A CIVIL DIVISION WHO ARE  HOLD-
ING  OR  WHO  HAVE  HELD A POSITION IN THE NON-COMPETITIVE CLASS OF SUCH
SERVICES PURSUANT TO THE PROVISIONS OF THIS SECTION, THE  SAME  OPPORTU-
NITY  AS  EMPLOYEES  IN THE COMPETITIVE CLASS TO TAKE PROMOTION EXAMINA-
TIONS.
  S 2. This act shall take effect immediately.