Senate Bill S2770

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

    S. 2770                                                  A. 6302

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 2, 2009
                               ___________

IN SENATE -- Introduced by Sens. ADAMS, FOLEY, C. JOHNSON, KLEIN, KRUEG-
  ER,  MONSERRATE,  PARKER,  SMITH, STACHOWSKI -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Veter-
  ans, Homeland Security and Military Affairs

IN  ASSEMBLY -- Introduced by M. of A. CAMARA, GREENE, SCOZZAFAVA, WALK-
  ER, SAYWARD, AUBRY, BARRA, DUPREY, GABRYSZAK, MAISEL, McKEVITT,  WEIS-
  ENBERG  --  read  once  and  referred to the Committee on Governmental
  Employees

AN ACT to amend the civil service law, in relation to extra  credit  for
  certain veterans on competitive examinations

  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 CREDITS ALLOWED FOR VETERANS WHO SERVED IN AN AREA
DESIGNATED AS A COMBAT ZONE BY THE PRESIDENT OF THE UNITED STATES DURING
OPERATION IRAQI FREEDOM AFTER MARCH TWENTIETH, TWO  THOUSAND  THREE.  1.
DEFINITION.  AS  USED IN THIS SECTION, "VETERAN" SHALL MEAN A PERSON WHO
SERVED IN A BRANCH OF THE ARMED FORCES OF  THE  UNITED  STATES,  OR  ANY
RESERVE UNIT THEREOF.
  2.  ADDITIONAL  CREDIT AUTHORIZED. ADDITIONAL CREDITS SHALL BE ALLOWED
FOR VETERANS WHO SERVED IN AN AREA DESIGNATED AS A COMBAT  ZONE  BY  THE
PRESIDENT  OF  THE  UNITED  STATES  DURING OPERATION IRAQI FREEDOM AFTER
MARCH TWENTIETH, TWO THOUSAND  THREE  IN  COMPETITIVE  EXAMINATIONS  FOR
ORIGINAL  APPOINTMENT.  (A) ON ALL ELIGIBLE LISTS RESULTING FROM COMPET-
ITIVE EXAMINATIONS, THE NAMES OF ELIGIBLE PERSONS SHALL  BE  ENTERED  IN
THE ORDER OF THEIR RESPECTIVE FINAL EARNED RATINGS ON EXAMINATIONS, WITH
THE NAME OF THE ELIGIBLE PERSON WITH THE HIGHEST FINAL EARNED RATINGS AT
THE HEAD OF SUCH LIST, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF DETER-
MINING  FINAL  EARNED RATINGS, VETERANS WHO SERVED IN AN AREA DESIGNATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04983-01-9
              

S. 2770                             2                            A. 6302

AS A COMBAT ZONE BY THE PRESIDENT OF THE UNITED STATES DURING  OPERATION
IRAQI  FREEDOM  AFTER MARCH TWENTIETH, TWO THOUSAND THREE SHALL BE ENTI-
TLED TO RECEIVE AN ADDITIONAL FIVE POINTS IN A  COMPETITIVE  EXAMINATION
FOR ORIGINAL APPOINTMENT.
  (B)  SUCH  ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
OF SUCH VETERAN, AS THE CASE MAY BE, 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; ESTABLISH-
MENT OF ELIGIBLE LIST. ANY CANDIDATE, BELIEVING HIMSELF OR HERSELF ENTI-
TLED TO ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION  AS  PROVIDED  IN
THIS  SECTION,  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 CANDI-
DATES 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
ESTABLISH  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,  THE  ELIGIBLE  LIST
RESULTING  FROM SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING THE
FACT THAT A VETERAN WHO HAS APPLIED FOR ADDITIONAL CREDIT HAS FAILED  TO
ESTABLISH  HIS  OR  HER ELIGIBILITY TO RECEIVE SUCH ADDITIONAL CREDIT. 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
SUBDIVISION, NO PERSON WHO HAS RECEIVED A PERMANENT ORIGINAL APPOINTMENT
IN THE CIVIL SERVICE OF THE STATE OR OF ANY CITY OR CIVIL DIVISION THER-
EOF  FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED THE ADDITIONAL
CREDIT GRANTED BY THIS SECTION AS A VETERAN, SHALL THEREAFTER  BE  ENTI-
TLED TO ANY ADDITIONAL CREDIT UNDER THIS SECTION AS A VETERAN.
  (B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE POSI-
TION  OF A VETERAN ON SUCH LIST HAS NOT BEEN AFFECTED BY THE ADDITION OF
CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT OF SUCH VETERAN FROM
SUCH ELIGIBLE LIST SHALL NOT BE DEEMED TO HAVE BEEN MADE FROM AN  ELIGI-
BLE 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 SIBLING IS
IN THE SAME RELATIVE STANDING AMONG THE ELIGIBLE PERSONS WHO ARE WILLING
TO  ACCEPT  APPOINTMENT  AS  IF HE OR SHE HAD NOT BEEN GRANTED THE ADDI-
TIONAL CREDITS AS PROVIDED BY THIS SECTION, HIS OR HER APPOINTMENT  FROM
SUCH  ELIGIBLE  PERSONS  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 VETERAN HAS BEEN ORIGINALLY  APPOINTED  FROM  AN  ELIGIBLE
LIST  ON  WHICH  HE  OR SHE WAS ALLOWED SUCH ADDITIONAL CREDIT, BUT SUCH
APPOINTMENT IS THEREAFTER TERMINATED EITHER AT THE END OF THE PROBATION-
ARY TERM OR BY RESIGNATION AT OR BEFORE  THE  END  OF  THE  PROBATIONARY
TERM,  HE OR SHE SHALL NOT BE DEEMED TO HAVE BEEN APPOINTED, AS THE CASE
MAY BE, FROM AN ELIGIBLE LIST ON WHICH HE OR SHE IS  ALLOWED  ADDITIONAL
CREDIT, AND SUCH APPOINTMENT 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

S. 2770                             3                            A. 6302

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 VETERAN HAS RECEIVED THE ADDITIONAL CREDIT GRANT-
ED  BY THIS SECTION, SUCH VETERAN MAY ELECT, PRIOR TO PERMANENT ORIGINAL
APPOINTMENT, 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 VETERAN, 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 SUCH VETERANS APPOINTED
AS A RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION  TO  POSITIONS
UNDER  ITS  JURISDICTION.  THE  APPOINTMENT  OF A VETERAN AS A RESULT OF
ADDITIONAL CREDITS SHALL BE VOID IF SUCH VETERAN, PRIOR TO SUCH APPOINT-
MENT, HAD BEEN APPOINTED AS A RESULT OF ADDITIONAL  CREDITS  GRANTED  BY
THIS SECTION.
  S 2. This act shall take effect immediately.