S T A T E O F N E W Y O R K
________________________________________________________________________
4792
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. WEISENBERG -- read once and referred to the
Committee on Children and Families
AN ACT to amend the executive law, in relation to testing of certain
applicants for employment with the office of children and family
services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 503-b
to read as follows:
S 503-B. TESTING OF CERTAIN APPLICANTS FOR EMPLOYMENT. 1. ANY APPLI-
CANT WHO APPLIES FOR EMPLOYMENT WITH THE OFFICE OF CHILDREN AND FAMILY
SERVICES AS A YOUTH DIVISION AIDE AT A FACILITY OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES AFTER THE DATE THIS SECTION BECOMES A LAW,
SHALL BE TESTED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION.
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES IS HEREBY AUTHORIZED TO
CONDUCT, OR TO ENTER INTO AGREEMENTS NECESSARY FOR CONDUCTING TESTS FOR
PSYCHOLOGICAL SCREENING OF APPLICANTS COVERED BY THIS SECTION. ANY SUCH
TESTS SHALL CONSIST OF AT LEAST THREE INDEPENDENT PSYCHOLOGICAL INSTRU-
MENTS AND SHALL MEET THE LEVEL OF THE ART FOR PSYCHOLOGICAL INSTRUMENTS
TO BE USED IN A VALIDATION STUDY DEVELOPED FOR SELECTION OF SUCH APPLI-
CANTS. SUCH PSYCHOLOGICAL INSTRUMENTS SHALL BE USED IN TESTING AND
SELECTION OF APPLICANTS FOR POSITIONS REFERRED TO IN SUBDIVISION ONE OF
THIS SECTION. PERSONS WHO HAVE BEEN DETERMINED BY A PSYCHOLOGIST
LICENSED UNDER THE LAWS OF THIS STATE AS SUFFERING FROM PSYCHOTIC DISOR-
DERS, SERIOUS CHARACTER DISORDERS, OR OTHER DISORDERS WHICH COULD HINDER
PERFORMANCE ON THE JOB MAY BE DEEMED INELIGIBLE FOR APPOINTMENT;
PROVIDED, HOWEVER, THAT OTHER COMPONENTS OF THE EMPLOYEE SELECTION PROC-
ESS MAY BE TAKEN INTO CONSIDERATION IN REACHING THE DETERMINATION AS TO
WHETHER A CANDIDATE IS DEEMED ELIGIBLE OR INELIGIBLE FOR CERTIFICATION
TO A LIST OF ELIGIBLE CANDIDATES. SUCH TESTING PROGRAM SHALL INCLUDE A
COMPONENT CONSISTING OF CRITERIA RELATED VALIDITY STUDIES OR OTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07958-01-9
A. 4792 2
VALIDITY STUDIES ACCEPTABLE UNDER RELEVANT FEDERAL LAW GOVERNING EQUAL
EMPLOYMENT.
3. THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR
HIS OR HER DESIGNEE SHALL ADVISE THOSE CANDIDATES WHO HAVE BEEN DEEMED
INELIGIBLE FOR APPOINTMENT THROUGH PSYCHOLOGICAL SCREENING AND SHALL
NOTIFY SUCH PERSONS OF THEIR RIGHT TO APPEAL THEIR DISQUALIFICATION. A
PERSON SO DEEMED MAY APPLY TO THE COMMISSIONER FOR A REVIEW OF THE
FINDINGS WITHIN THIRTY DAYS OF THE DATE OF NOTIFICATION. THE COMMISSION-
ER SHALL REFER THE MATTER TO AN INDEPENDENT ADVISORY BOARD TO REVIEW ANY
RECOMMENDATION. A COPY OF THE ADVISORY BOARD'S RECOMMENDATIONS SHALL BE
PROMPTLY FORWARDED TO THE PARTIES AND TO THE COMMISSIONER. IF THE ADVI-
SORY BOARD'S RECOMMENDATION IS REJECTED BY THE COMMISSIONER, WHOLLY OR
IN PART, THE COMMISSIONER SHALL STATE HIS OR HER REASONS FOR SUCH
REJECTION IN WRITING.
4. THE APPLICANT SHALL NOT BE CHARGED ANY FEE FOR THE PERFORMANCE OF
THESE TESTS.
5. THE ADVISORY BOARD SHALL CONSIST OF THREE MEMBERS WHO SHALL BE
SELECTED BY THE PRESIDENT OF THE CIVIL SERVICE COMMISSION. THE MEMBER-
SHIP OF THE BOARD SHALL CONSIST OF: A PSYCHOLOGIST, AND A PSYCHIATRIST,
BOTH OF WHOM SHALL BE LICENSED UNDER THE LAWS OF THIS STATE, AND A THIRD
MEMBER WHO SHALL BE A REPRESENTATIVE OF THE DEPARTMENT OF CIVIL SERVICE.
THE DEPARTMENT OF CIVIL SERVICE SHALL MAINTAIN A LIST OF ALTERNATE BOARD
MEMBERS COMPRISED OF PSYCHOLOGISTS AND PSYCHIATRISTS, LICENSED UNDER THE
LAWS OF THIS STATE, AND REPRESENTATIVES NOMINATED BY THE PRESIDENT OF
THE CIVIL SERVICE COMMISSION, WHO SHALL SIT ON THE ADVISORY BOARD IN THE
EVENT A DESIGNATED MEMBER IS UNABLE TO SERVE, PROVIDED HOWEVER AT ALL
TIMES THE ADVISORY BOARD MUST BE COMPRISED OF A PSYCHIATRIST, A PSYCHOL-
OGIST AND A REPRESENTATIVE OF THE DEPARTMENT OF CIVIL SERVICE. EACH OF
THE MEMBERS OF THE ADVISORY BOARD AND THEIR ALTERNATES SO SELECTED SHALL
SERVE AT THE PLEASURE OF THE PRESIDENT OF THE CIVIL SERVICE COMMISSION.
EACH OF THE MEMBERS AND ALTERNATES SO SELECTED SHALL BE REIMBURSED FOR
SERVICES AND ACTUAL COSTS AT A PER DIEM RATE NOT TO EXCEED THREE HUNDRED
DOLLARS PER DAY; PROVIDED, HOWEVER, THAT IF ANY MEMBER OF OR ALTERNATE
TO THE ADVISORY BOARD IS AN EMPLOYEE OF THE STATE OF NEW YORK, THEN SUCH
REPRESENTATIVE SHALL ONLY RECEIVE REIMBURSEMENT FOR ACTUAL COSTS
INCURRED.
6. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL ADVISE THE DEPARTMENT
OF CIVIL SERVICE OF THOSE PERSONS WHO HAVE BEEN DETERMINED UNDER THIS
SECTION AS BEING ELIGIBLE FOR APPOINTMENT FROM ANY LIST OF ELIGIBLE
CANDIDATES.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE RESULTS OF THE
TESTS ADMINISTERED PURSUANT TO THIS SECTION SHALL BE USED SOLELY FOR THE
QUALIFICATION OF A CANDIDATE FOR YOUTH DIVISION AIDE AND THE VALIDATION
OF THE PSYCHOLOGICAL INSTRUMENTS UTILIZED. FOR ALL OTHER PURPOSES, THE
RESULTS OF THE EXAMINATION SHALL BE CONFIDENTIAL AND THE RECORDS SEALED
BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND NOT BE AVAILABLE TO
ANY OTHER AGENCY OR PERSON EXCEPT BY AUTHORIZATION OF THE APPLICANT OR,
UPON WRITTEN NOTICE BY ORDER OF A COURT OF THIS STATE OR THE UNITED
STATES.
8. PRIOR TO MARCH FIRST OF EACH YEAR, THE COMMISSIONER OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES WILL REPORT TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY ON THE CONDUCT OF
THE PSYCHOLOGICAL TESTING PROGRAM AND THE RESULTS OF SUCH PROGRAM IN
IMPROVING THE QUALITY OF YOUTH DIVISION AIDES.
S 2. This act shall take effect April 1, 2010.