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
                               ___________

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.